VA is implementing a new regulation regarding character of discharge determinations, allowing more former service members to become eligible for VA benefits, regardless of their military discharge. Generally, to receive VA benefits and services, a former service member’s character of discharge must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, or general). However, while VA cannot change the discharge status provided by the Department of Defense, VA is required to make a determination on eligibility for VA benefits for all individuals who receive a dishonorable discharge.
Understanding VA benefits and Character of Discharge
When VA receives a claim from a former service member, it reviews their character of discharge to determine if they meet basic requirements to be eligible for VA benefits. Any discharge under honorable conditions satisfies the character of discharge requirement for basic eligibility; however, certain types of discharges—and certain circumstances—may prevent an individual from receiving benefits. These claims require an additional review to determine eligibility for benefits.
What are the new changes?
The new regulation expands access to care and benefits for certain former service members by:
- Eliminating the regulatory bar for “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty”;
- Defining the circumstances under which the willful and persistent misconduct bar will apply;
- Creating “compelling circumstances exceptions” for the statutory bar of absent without leave (AWOL) of 180 days or more, and regulatory bars of moral turpitude and willful and persistent misconduct.
These changes make the character of discharge process more objective, and lead to more consistent adjudication of claims. These modifications are the first of its kind in over four decades and will increase the number of former service members found eligible for certain VA benefits based on determinations of honorable service for VA purposes.
What do these changes mean for me?
This VA character of discharge determination does not change the Armed Forces’ characterization of service and has no effect on the former service member’s military discharge status. VA’s determination is for VA benefits and services eligibility purposes only.
VA claims processors are now processing character of discharge determinations with a more objective review. If you believe your discharge falls under any of the updated criteria, or a compelling circumstance may affect your discharge, we encourage you to apply for VA care and benefits today.
VA also invites all former service members who previously received a negative character of discharge determination from VA to submit a VA Form 21-0995, Decision Review Request: Supplemental Claim. Once received, claims processers will reevaluate the claimant’s record using the new guidance.
VA encourages former service members who received an unfavorable discharge to apply for VA care and benefits today.
You can submit a claim to a VA regional office near you or work with a trained professional, like a VA accredited representative or VSO, to get help filing a claim for disability compensation. Other options include calling 1-800-827-1000 Monday through Friday, 8:00 a.m. to 9:00 p.m. EST or by fax using 844-531-7818.
Remember, VA will never charge you for assistance filing for benefits. To protect yourself from fraudulent claims, you have the right to verify anyone’s credentials before filing a claim or providing personal information.
For more about applying for benefits and character of discharge determinations, please visit the character of Discharge webpage.
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I was trying to find out I can get an upgrade on my discharge. I will draft it in arm August 26, 1969 discharge July 1973.
[Editor: Please NEVER publish your personally identifiable information on the internet. I have deleted it from your comment. You can learn more about discharge upgrades at: https://www.va.gov/discharge-upgrade-instructions/ ]
All these miserable people with negative comments. Who died and made any of you GOD?
Play by the rules and get the Honorable. Now, the VA is saying no problem, didn’t play by the rules-we will treat you the same a if you did. There is already a mechanism to upgrade discharges. The Army Board of Corrections. I guess they didn’t change enough for the VA to be happy. Especially in an election year. No I am not heartless. But, this is pure political..Anybody remember what happened to the people who went to Canada, during the Vietnam War?
I was stationed at Bien Hoa, Vietnam and Ubon, Thailand during the mid-1960s. Both of these stations stored/used Agent Orange. I now have stage 4 COPD. Several years ago I applied for compensation (at least twice) through the PACT Act but was rejected because of having smoked. I also worked on asbestos-laden aircraft my entire career. These materials were not considered “presumptive” for COPD.
A recent VA publication states that these materials ARE considered presumptive for COPD. I went to get help at American Legion and was rejected again because I smoked at the time (BTW- I quit smoking over 25 years ago). So my question is: Is there no-one who ever smoked while exposed to Agent Orange and asbestos being compensated?
What about veterans that have applied for discharge information and what information they received is incorrect? All my military information is either wrong duties, stations or certain information has been withheld. Since I live in a foreign country, I cant seem to get anyone that can help with this. Its a SNAFU that doesn’t have an author or a solution.
Mr Kenworthy-If you have requested your personnel records from the NPRC (National Personnel Records Center) in St Louis and found incorrect and or missing records/information-There is a way to correct that. Look up the Army Board of Corrections for Military Records. They have a process for you to submit the correct and or missing information/documentation–To correct your records. I know, because I used that process many years ago. Once they verify the information you submitted–They will, in my case, issued a correction to my DD Form 214. In my case, my State Veterans Affairs office assisted me in that process. Since you are overseas in a foreign country-are there American veterans organizations (AL, VFW, DAV etc) there? If so they should be able to help you. But you have to initiate it.
I see negative comments from people when the Government upgrade the VA Guidelines to benefit Vietnam Veterans in the first place. Who died and made any of you God? He sent his son so sinners who couldn’t make it to Heaven be allowed in. Enjoy your miserable lives.
Mr. Shaw, my father was an agent orange benefit receiver and he was a smoker till about five before he passed away. He was in Guadalcanal, for his war service through the army/air corp of Washington State. He return with PTSD but at the time no one really knew what that was. He said he didnt start drinking nor smoking till he came back and discharged but the VA tried to say it was from his work as a fiberglass and spray painter on boats and yatchs. After several years of appling for him, they finally gave him the veteran status and respirtory benefits through the Agent Orange benefits assistance. Five years after he started receiving the benefits and pension, he passed away from clinical pnuemonia. He was receiving oxygen and special meds on a daily, I believe he just passed of being locked up in the VA but the medical records said clinical pnuemonia. It took several years of fighting but eventually the congress passed a bill to cover the foreign agent ingestion protection act, in 1987, to cover agent orange for WWII, Korea and Vietnam Veterans.
Good source of benefits info! Nice job!
This is a strong move that will open the door to comprehensive VA mental health resources for brothers in arms.
This is a terrible idea! It’s like like giving a loser the first place trophy and telling the winner to suck it up. The military gave them an other than honorable discharge for a reason and this should be upheld. In no way is this looking any better for the VA. I already do not trust the VA for anything, and this is even furthering my dislike of their policies and procedures. What a bunch of BLUE FALCONS you are! Thanks for nothing all these years! I guess my rights don’t matter!
My discharge was honorable under general conditions. 54 years ago, I got pregnant and was told I could not continue my service. I was devastated as I had intended to stay in. Several years later, the rule was changed. I would like to be officially classified as a Veteran since I served during the Vietnam war. Please advise what form I need to file.
Ms Yearsley-You are considered a veteran because you have an Honorable discharge. Contact you state Veterans Affairs office and make an appoinment to see them. Bring your DD Form 214 and they will be able to explain what benefits (Such as VA healthcare) that you are elgible for. Good Luck!!
As the widow of a Vietnam veteran whose death was connected to his service, I feel that the VA is negating the value of his sacrifice. His honorable discharge, along with his Bronze Stars for valor in combat, represent his call to duty and acceptance of the rules in the military. I agree with a previous comment that these changes should be done by a military review, not talking heads at the VA.
How many decades since the draft was eliminated? When one CHOOSES to join the Armed Forces, one accepts the rules. This is just another way to weaken our military and add another slap in the face to those who served honorably.
Sorry, I think this program to include those who failed to serve honorably in support of the oath that they took when enlisting is for nothing more than grabbing votes. It’s a slap in the face to those who did they’re duty and met the commitment that they made. Those that did serve take that commitment and oath seriously and most would do it again if they were able.
This program is disrespectful to those who did serve. To those who came home and especially to those who did not make it back.
Our medical care and benefits have gotten worse over the last 4-5 years instead of better. We no longer see a real Dr. Instead, we talk to some medical staff or NP on a computer. That’s not giving the veterans the assistance that they earned and deserve. Many Vets don’t bother to seek service due to these cost cutting measures and lack of one-on-one contact with a real Doctor. Those that failed to meet they’re obligation don’t deserve the benefits. Spend the money to improve the obvious failures that now exist.
How can you judge if you have not heard the soldier’s side of the story. You are judge and jury. Let he who be without sin cast forth the first stone. Everyone makes mistakes, everyone deserves a second chance. How long should a mistake hang over some one’s head.
It’s called honor and responsibility. You take the oath, you accept both and live with the consequences of your actions.
There is a second chance. It is called the Army Board of Corrections.
Ridiculous…….As usual from the VA
I’m looking into my disability status when I left the USN I received 10% disability for knee.
Recently I have discovered that I am registered as 0% disability and when questioned by the processor at the VA department in Alaska he informed me that I was missing out on benefits and should investigate the 0% disability can you assist me with connecting with the correct department to assist me with my disability benefits and claim
Hi John, happy to help you with that question.
To properly address your request for review, please send an email with your concerns (disability rating for your knee), full name, DOB, and best contact phone number to our secure mailbox (DIGITALMEDIA.VBACO@VA.GOV). There is no need to include your SSN in your communication; we should be able to review your records with the other provided details.
To protect your privacy, please do NOT include any of that information here on this public forum. Thank you!
Depends on conditions of dishonorable
If say someone in a combat situation does their duty and perhaps saves lives but then due to ptsd strikes his commanding officer gets a dishonorable discharge…
Discharges should only be revised by the military review. The VA review is utter nonsense and only consider injuries/illness while service was considered in the line of duty and should only be a exception to VA policy.