An Other Than Honorable (OTH) Discharge is the most severe type of discharge that a service member can receive. While it is not considered a punitive discharge—like a Dishonorable Discharge or a Bad Conduct Discharge (BCD)—an OTH Discharge carries serious long-term consequences for VA benefits, civilian employment, military reenlistment, and overall military discharge status.
If you are facing an OTH Discharge or have already received one, it is critical to understand your legal rights and options for appeal. Every active duty service member who is at risk of an Other Than Honorable Discharge is entitled to a Separation Board hearing, where they can fight to retain their military career or secure a more favorable discharge status.
This article provides a comprehensive look at OTH Discharges, including what they mean as a characterization of service, the negative impact on veterans’ benefits, the importance of a strong legal defense at a Separation Board, and the process for seeking a discharge upgrade.
What Is an Other Than Honorable (OTH) Discharge?
An Under Other Than Honorable Conditions discharge is an involuntary administrative discharge issued when a service member’s conduct is deemed unacceptable by military standards but does not rise to the level of a court-martial offense. While it is not considered a criminal conviction, an OTH Discharge can have many of the same negative effects as a punitive discharge when it comes to eligibility for benefits, employment opportunities, and future military service.
Unlike an Honorable Discharge, which recognizes outstanding or satisfactory service, or a General Discharge, which acknowledges acceptable service with minor infractions, an OTH Discharge indicates serious misconduct or a pattern of violations that led to an involuntary separation from the armed forces.
An OTH Discharge is an administrative discharge, meaning it is issued through military command channels rather than as a punishment for a criminal conviction. While an OTH Discharge is serious and can severely impact a service member’s benefits and career, it is not considered a criminal offense under military law. In contrast, a punitive discharge, such as a Bad Conduct Discharge (BCD) or a Dishonorable Discharge, can only be imposed as part of a court-martial sentence following a conviction for a serious offense under the Uniform Code of Military Justice (UCMJ). A BCD is typically handed down by a special court-martial or general court-martial for misconduct like drug use or theft, while a Dishonorable Discharge is reserved for the most egregious offenses, such as desertion, sexual assault, or violent crimes, and is equivalent to a felony conviction in the civilian legal system. Unlike those who receive an OTH Discharge, vets with a punitive discharge are completely barred from all VA benefits and may also face additional civilian legal consequences, including the loss of firearm rights and difficulties obtaining employment due to their criminal record.
Common Reasons for an OTH Discharge
Every branch of the U.S. military, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force, has its own criteria for issuing an Other Than Honorable Discharge, but some of the most common reasons include:
- Drug or alcohol-related offenses – A service member who fails a drug test, is involved in alcohol-related incidents, or does not complete mandatory substance abuse treatment may be discharged under OTH conditions.
- Acts of violence or misconduct – Incidents such as domestic violence, assault, or threats against fellow service members or superiors can lead to an OTH Discharge if the military determines that a court-martial is unnecessary but separation is required due to the dishonorable conditions.
- Security violations – Unauthorized handling or release of classified information, unauthorized absence from security-sensitive duties, or any breach of security protocols can result in separation with an OTH characterization.
- Repeated misconduct and disciplinary infractions – A history of insubordination or bad paper, failure to complete military duties, unauthorized absences, or misconduct can lead to administrative separation under OTH conditions.
- AWOL or desertion – Extended absence without leave (AWOL) or desertion that does not result in a court-martial conviction can still result in an Other Than Honorable Discharge.
Every case is evaluated individually, and service members have the right to challenge their discharge through a Separation Board hearing before it becomes final.
The Separation Board Process: Your Right to Defend Yourself
Every enlisted service member or commissioned officer facing an Other Than Honorable Discharge has the right to a Separation Board hearing if they have at least six years of military service or if their discharge is based on alleged misconduct. This is a critical opportunity to challenge the discharge and argue for retention or a more favorable discharge status.
A Separation Board consists of three senior officers or enlisted personnel who review the evidence and testimony before deciding:
- Whether the service member should be discharged
- If discharge is warranted, a character of discharge determination (Honorable, General, or OTH)
During the hearing, the government presents its case for why the service member should be discharged, often including statements from commanders, military records, and evidence of misconduct. The service member has the right to present their own case, including witness testimony, character references, and legal arguments to counter the government’s position.
Why Strong Legal Representation Matters at a Separation Board
The military takes separation proceedings seriously, and the government will have attorneys arguing for your discharge. Without an experienced military defense attorney, a service member is at a severe disadvantage in presenting a strong case.
A military defense attorney will:
- Challenge the government’s evidence and cross-examine witnesses
- Develop a strong defense strategy based on military law, regulations, and precedent
- Gather and present evidence that supports retention or a more favorable discharge status
- Secure witness testimony from superiors, fellow service members, and character references
- Present mitigating factors, such as combat-related PTSD, traumatic brain injury (TBI), or other medical conditions
Without strong legal advocacy, a service member risks receiving an unfairly harsh discharge, which can have lifelong consequences on their VA benefits, employment, and military record.
Consequences of an OTH Discharge
A service member discharged under OTH conditions may face severe limitations in their post-military life.
Loss of VA Benefits
A veteran with an OTH Discharge is generally ineligible for most Department of Veterans Affairs (VA) benefits, including:
- Post-9/11 GI Bill and education benefits
- VA home loans
- VA healthcare services, including care for dependents
- VA disability compensation, unless the discharge is successfully upgraded
Employment Challenges
An OTH Discharge can negatively impact civilian employment, especially in careers that require security clearances, law enforcement certification, or federal employment with agencies like the DOD. Some private-sector employers may overlook discharge status, but government and military-affiliated jobs will likely view an OTH Discharge unfavorably.
Reenlistment Restrictions
Beyond the impact on benefits for VA purposes, most branches of the armed forces also do not allow reenlistment for individuals with an OTH Discharge unless the discharge is successfully upgraded.
Can an OTH Discharge Be Upgraded?
Yes, a veteran can apply for a discharge upgrade through the Discharge Review Board (DRB) of their branch. However, the process is difficult, and success often depends on strong supporting evidence.
A discharge upgrade may be granted if:
- The discharge was unjust or based on outdated policies
- The service member suffered from post-traumatic stress disorder (PTSD), TBI, or other mental health conditions
- The discharge was related to sexual assault, discrimination, or former policies like “Don’t Ask, Don’t Tell”
The best way to improve the chances of success is to work with a skilled military defense attorney who can gather evidence, interview witnesses, and present a compelling case.
Facing an OTH Discharge? Get Legal Help Now
If you are facing an Other Than Honorable Discharge, the most critical step is securing legal representation as soon as possible. At The Military Defense Firm, we have extensive experience defending service members at Separation Boards and helping veterans upgrade their discharge status.
Don’t let an unfair discharge impact your future.
Contact us today to schedule a free consultation and fight for your military career, benefits, and reputation.
