Your government benefits at risk

  • Published
  • By Lt. Col. Scott Boehne
  • 436th Airlift Wing Staff Judge Advocate
DOVER AIR FORCE BASE, Del. --  Hanging on the wall next to my computer is a chart showing a person's eligibility for veterans and other government benefits (compensations, education assistance, burial benefits, employment preferences, etc) based on the type of discharge received from military service. The chart has been around for some time.

In fact, I didn't even hang that chart; it was on the wall when I arrived. I've seen the same chart many times over the years, often included in administrative discharge packages by the defense, as a member pleads for an honorable versus an under honorable conditions (general) discharge characterization.

For the most part, there isn't much difference--benefits wise--between the honorable and general discharges; however, there is one big exception to that. The Post 9/11 GI Bill.

Most people currently serving knows of this significant benefit and it might actually be the reason you joined. I was serving as a Legislative Fellow in the United States Senate in 2008 and tracked the bill as it progressed and ultimately passed. One of the things I noted was that the bill required an honorable discharge to be eligible for the 36 months of education benefits--tuition, books, and housing allowance--it provided. For those receiving a general characterization, it gave no hope of going to college on the government's dime.

Another big difference between the honorable discharge and an under honorable conditions discharge is the impact to subsequent employment. In my last assignment, I sat as a member of the Air Force Discharge Review Board. The board heard the requests of prior members wishing to have their discharges upgraded to Honorable. Often, the prior members noted that they could not get a job with law enforcement, the fire department, etc., with less than an honorable discharge.

They argued the unfairness of being denied a job because of their discharge characterization, especially over those who had never even raised their hand and served at all. I empathize, but that doesn't mean their discharge characterization wasn't appropriate when compared to their former peers who served honorably.

All of this discussion has been about the differences between the two columns on the right side of the chart. That's very important, but I am writing to tell you about the column on the very left--the dishonorable discharge column. Of the 36 benefits listed on the chart, the word "ineligible" accompanies each one in this column, with one exception. You can still request the Air Force Board for the Correction of Military Records review your service record, even if you received a dishonorable discharge. Every other benefit...gone.

As we get set to stand down and discuss the problem of sexual assaults on June 6, 2014, know that on June 24, 2014, section 1705 of the 2014 National Defense Authorization Act takes effect. That law states that for anyone convicted of rape, sexual assault, forcible sodomy, or attempts thereof, the sentence must include a dishonorable discharge.

Accordingly, as you prepare to celebrate over the upcoming long Memorial Day weekend, please ensure that you do not put all of your hard earned benefits at risk. Make sure you and your proposed partner are able to appreciate and agree to the behavior you seek before proceeding. Don't risk it all.