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what is a section 8 discharge from the military

A bad conduct discharge is the result of a crime that is taken to military trial. A Section 8 discharge often made it difficult for people to find work in civilian life and did not allow veterans benefits. It is important to review this document for accuracy prior to separating, as making changes later can be a tedious, drawn-out process. OMK will be posting an article on medical separation in the military, and will post a link to that article here soon. Most of the time, those receiving an OTH discharge are not able to rejoin the military in the future. Contact us: www.va.gov 1-800-827-1000 Benefits Assistance Service – March 2014 . It is also important that veterans understand the benefits that they are eligible to receive based on the characterization of their separation from military service. Medical-related discharges vary the most, as the severity and circumstances under which the condition began can impact the type of discharge a service member will receive. When the medical condition is identified immediately following the service member’s entry to the military and is deemed a pre-existing condition, it is more likely that the member will receive a general discharge, with the exact reason specified. While it isn’t likely to have a negative impact on future employment opportunities, some potential employers may look at this type of discharge in a negative light. through World War II, a psychiatric discharge; an other than honorable discharge for being mentally or emotionally unfit for military service. The DD-214 is used to determine eligibility for other veteran’s benefits, such as the GI Bill education benefit, which requires a certain length of active duty service for full benefits on top of requiring an honorable discharge. There are Two Forms of Military Discharge. HONORABLE: This is a separation with honor. It must be done within 15 years of the discharge. 13-10, AR 635-200). It is another type of punitive discharge, meaning that it is the result of misconduct of the military member. On Monday, two Army veterans filed a federal class-action lawsuit against the Army that seeks relief for the thousands of veterans of Iraq and Afghanistan who developed post-traumatic stress disorder (PTSD) and other mental health conditions during service and received unfair less-than-honorable discharges. While there are many reasons why you could receive this type of discharge, the most common are the following: For ‘Involuntary separation due to parenthood’, it basically means that the serviceperson cannot complete their duties due to family responsibilities. The type of military discharge that they receive may impact what paths are open to a new veteran after their military service is over. According to the US Army, Separation for Convenience of the Government happens when none of the other discharges above are suitable. Military separation codes are contained in your military records and may be annotated on various military separation documents. Chapter 5, paragraph 13 governs the separation of personnel medically diagnosed with a personality disorder. This means that they will not receive any negative consequences from getting this type of discharge. A military discharge is the type of separation from the military that is awarded to the serviceman or servicewoman at the completion of their military service. It’s given to individuals who have not completed a minimum of 180-days of service, and technically isn’t considered good or bad. The term "Section 8" eventually came to mean any service member given such a discharge, or behaving as if deserving such a discharge, as in the expression, "he's a Section 8". With that said, the commanding officer of the persons unit can also initiate this process without the input of the person serving. An honorable discharge will be given for proper military behavior and proficient performance of duty. Here are the answers to a few questions that are commonly asked about military discharges, circumstances that result in separation from the military, and how to read the related documents. Have questions about the various types of military discharges? Section 8 was also often given to cross-dressers, gay, lesbian, bisexual and transgender people. Because it is often the result of misconduct on the part of the service member, they should be prepared to explain what led to their separation from the military under an Other Than Honorable discharge. Other designated physical or mental conditions, Decorations, medals, badges, citations, and campaign awards, Separation information (type of separation, character of service, authority and reason for separation, separation and reenlistment eligibility codes)—. Required fields are marked *. It would also not be considered “Honorable” or even “Under Honorable Conditions” (more on this below). Other benefits include disability compensation (based on a medical evaluation at the time of separation), employment assistance, and federal hiring preferences. 1st definition: A U.S. Army discharge based on military assessment of psychological unfitness or character traits deemed undesirable. In addition to discharge classification, the DD-214 provides the following information: All of this information is included to make sure that the military member’s service is classified and quantified correctly. 1182). It is not punitive but does mean that some particular condition or circumstance warranted the member’s separation from the military. See appendix A, table 8.-A. [9], "Office of Medical History - Neuropsychiatry in WWII, Chapter 16", "Active Duty Enlisted Administrative Separations", LGBT+ people and the United States military, Transgender American Veterans Association, Conduct Unbecoming: Gays and Lesbians in the U.S. Military, Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America, Sexual orientation and gender identity in military service, https://en.wikipedia.org/w/index.php?title=Section_8_(military)&oldid=989711137, Sexual orientation and gender identity in the United States military, Articles with unsourced statements from November 2018, Creative Commons Attribution-ShareAlike License, Section 8 became a household phrase when used in the 1970s TV series, This page was last edited on 20 November 2020, at 15:52. Military Separation Program Numbers (SPN Codes) define the reason a discharge or separation was granted. Copyright © 2020 www.OperationMilitaryKids.org. It is the result of a serious crime, such as a felony, and is almost always awarded following military confinement. Can a Section 8 discharge be overturned? Medical Separation: Are those that become so sick or injured, that they can no longer continue their military service. This type of military discharge is suitable for those that believe joining the military as a mistake, and want out. A physical injury that prevents the servicemember from performing his or her duties. Essentially, it means that a serviceperson developed a physical or mental condition that is not technically characterized as a disorder. 4, 1917, ch. A general discharge may or may not mean that the service member did something wrong. Sometimes, a service member is able to appeal a discharge classification using a DD Form 293. Can I upgrade my discharge to something better? It’s nowhere near the severity of a bad conduct or dishonorable discharge, but it’s also not even close to an honorable or general discharge. These codes are entered on military discharge documents and characterize a Navy/Marine Corps member's future eligibility to enlist or reenlist after discharge or separation from the military service. Those who separate or retire under an honorable discharge will receive all of the benefits available to veterans. It should be mentioned that the majority of appeals are not approved. A general discharge would not be considered bad, but it’s also not ideal. A Section Eight is the worst kind of discharge--even worse than a dishonorable discharge--because this label stays with soldiers for the rest of their lives. (2) Will be retained when they can fully participate unless they request separation per chapter 8. c. Click Here to read more about the consequences and reasons for dishonorable discharge. Slang A soldier given such a discharge or behaving as if deserving such a discharge. Notify me of follow-up comments by email. Section 8 is a category of discharge from the United States military, used for a service member judged mentally unfit for service. The specific requirements laid out by the military are that the discharge is “inequitable or improper.”. Marines who commit serious offenses, such as drug abuse, aggravated assault or grand theft, for which they serve time in a "brig," or military prison are issued the bad conduct discharge. Administrative – This form of discharge is given by the discharge authority, often a commanding officer of high rank. The term Section 8 refers to a former discharge from the United States military for reason of being mentally unfit for service. Learn more about it here. However, there are some downsides to a general discharge. Basically, a military discharge represents the end of one’s military career.An Honorable Discharge generally Military members should have all medical ailments accurately documented in their record, but especially so when the injury or illness results in their separation from military service. The next 2 (Bad Conduct and Dishonorable) are punitive, meaning that they are the result of misconduct, criminal behavior, or even felony behavior on the part of the service member. Those receiving a bad conduct discharge are not able to use any veteran’s programs; this includes medical and dental benefits, VA housing programs, and the option to serve in the military in the future. Your email address will not be published. ‘Diagnosis of a personality disorder’ happens when a serviceperson develops a mental disorder while serving in the military. With that said, we figured it would be prudent to at least mention the very basics of it. Section Eight 2 It means that the recipient is ineligible from future military service and may not be able to take advantage of all veteran’s benefits, such as the GI Bill education benefits, depending on the circumstances. While there are various reasons, the most typical reason one would receive a dishonorable discharge is by committing a reprehensible act. The appeals process offers the chance for the military member or their family to make a case to upgrade the discharge status. Nonjudicial punishment most often results in a general discharge, under honorable conditions. Should they face punitive action for misconduct at a Court-Martial, an experienced lawyer can help navigate the process. Your email address will not be published. Section Eight definition is - a discharge from the U.S. Army for military inaptitude or undesirable habits or traits of character; also : a soldier receiving such a discharge. This may be due to a failed PT test, a failed weapons qualification or required training or simply if the commanding officer believes the … By continuing to use this site you consent to the use of cookies on your device as described … Section Eight 2 The term Section 8 refers to a former discharge from the United States military for reason of being mentally unfit for service. Probably the biggest consequence of getting an entry-level separation is future employment. [4], At age 17, actor Sidney Poitier, who had lied about his age to enlist in the U.S. Army the year before, obtained a discharge under Section 8 by faking mental illness during World War II. While a letter of reprimand, official counseling, or other minor infraction will rarely impact a service member’s career to the point of changing their discharge classification, it is still critical to strive for the exemplary record that merits an honorable discharge. She served 5 years as a Surface Warfare Officer, including 2 deployments onboard a Guided-Missile Destroyer and Aircraft Carrier. [3], Discharge under Section 8 is no longer practiced, as medical discharges for psychological or psychiatric reasons are now covered by a number of regulations. A small-town Missouri native, Katie is a graduate of the United States Naval Academy with a degree in English. Some even embrace full retirement. OMK provides resources and content to young adults who are thinking about joining the US Armed Forces, but don’t know where to begin. The term Section 8 refers to a former category of discharge from the United States military, that of a member judged mentally unfit for service. There are a number of conditions under which a veteran can leave the military, whether it is at the end of a long career or just a few years of service. It is the most serious type of administrative discharge. During the process, the service member has the option to be represented by counsel or to represent themselves, either in person or through the written process. 180, 39 Stat. (b) Soldiers separated for pregnancy that occurred after entry on AD or IADT are entitled to maternity care in a military medical facility only per AR 40-3. An Other Than Honorable, or OTH, discharge is administrative rather than punitive but are usually awarded when the service member has done something that merits punishment under the military’s UCMJ. Section VIII provided for the discharge of men who were deemed mentally unfit for military service.[2]. A dishonorable discharge is considered the worst type of military discharge. It hasn't been used much since the U.S. military's "don't ask, don't tell" policy came into effect during the Clinton administration. Learn more about the 8 types of military discharge here. The conditions under which the discharge was given is included on the service member’s DD-214, the document which outlines the specifics of their separation from military service. RE-1A: Eligible for reenlistment. An example of this would be someone in the Navy developing chronic seasickness, and unable to overcome this condition normally. Many potential employers, especially those in the federal government, will request a copy of the service member’s DD-214. Veteran’s hiring preferences for federal jobs, VA medical coverage (in some circumstances), Not meeting the physical fitness requirements, Not showing any effort to complete the training, Having a hard time adapting to military life. Examples of crimes that warrant a dishonorable discharge include: A dishonorable discharge is given after a General Court-Martial. Depending on their length of service, this can include retirement pay, GI bill benefits, medical and dental coverage, and home loan assistance. 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