A Less Than Honorable discharge, known officially as an Under Other Than Honorable Conditions (OTH) discharge, is the most severe administrative separation the military can impose without a court-martial conviction. It signals that your conduct seriously violated military standards but stopped short of criminal punishment. The characterization blocks most VA benefits, complicates civilian employment, and stays on your record for life unless a review board upgrades it.
Where OTH Sits Among Discharge Types
The Department of Defense recognizes six characterizations of service: Honorable, General (Under Honorable Conditions), Under Other Than Honorable Conditions, Bad Conduct, Dishonorable, and Uncharacterized.1U.S. Department of Labor. USERRA Fact Sheet 3 – Separations from Uniformed Service The first three are administrative discharges decided by a commander or administrative board. Bad Conduct and Dishonorable discharges are punitive and can only come from a court-martial.
An OTH sits at the cliff edge of the administrative category. A General discharge preserves most VA eligibility. An OTH strips most of it. Below OTH, a Bad Conduct Discharge comes from a special or general court-martial, and a Dishonorable Discharge comes only from a general court-martial for offenses like murder, sexual assault, or wartime desertion.
People often say “Less Than Honorable” and “Other Than Honorable” interchangeably. The consequences are the same either way.
What Conduct Leads to an OTH
An OTH results from serious misconduct or a pattern of violations. The Army’s separation regulation authorizes this characterization for a single act of serious misconduct punishable by a punitive discharge under the UCMJ, a pattern of minor disciplinary infractions, or a pattern of civilian law enforcement involvement.2United States Army Trial Defense Service. What You Should Know About Chapter 14, AR 635-200 – Separation for Misconduct Security violations, civilian arrests and convictions, assault, abuse of authority, and drug offenses are common triggers.3Department of Veterans Affairs. What Benefits Can I Get If I Have An Other Than Honorable Discharge
Some service members receive an OTH by requesting it rather than facing a court-martial. In the Army this is called a Chapter 10 discharge. You volunteer for an OTH to avoid the risk of a criminal conviction and confinement.4United States Army. Chapter 10 Discharge in Lieu of Trial by Court-Martial Checklist It’s a calculated trade, but accepting a discharge in lieu of a general court-martial creates an automatic bar to VA benefits under federal regulation, one that is harder to overcome than most other OTH scenarios.5eCFR. Title 38 CFR 3.12 – Character of Discharge
What It Costs You in VA Benefits
Federal law defines a veteran as someone discharged “under conditions other than dishonorable.”6Office of the Law Revision Counsel. 38 USC 101 – Definitions An OTH doesn’t automatically make you ineligible. It triggers a separate VA review called a Character of Discharge determination, in which the VA decides independently whether to treat your discharge as dishonorable for benefits purposes.
Under 38 CFR 3.12, certain circumstances create absolute bars that cannot be overcome by mitigating evidence:
- Desertion
- AWOL for 180 continuous days or more
- Discharge by sentence of a general court-martial
- Accepting a discharge in lieu of trial by general court-martial
- Offenses involving mutiny or espionage5eCFR. Title 38 CFR 3.12 – Character of Discharge
Other OTH situations are presumptive bars but not absolute. Discharges involving offenses of moral turpitude (generally felony-level conduct) or willful and persistent misconduct can still lead to benefits if compelling circumstances explain the conduct. The VA weighs length and quality of prior service and legitimate reasons for the behavior. An insanity exception applies: if you were insane at the time of the conduct that led to your discharge, no bar applies.5eCFR. Title 38 CFR 3.12 – Character of Discharge
The eligibility rate is higher than most veterans assume. Over the past decade, the VA has granted care or benefits to roughly 75% of former service members with less-than-honorable discharges who applied.7MyArmyBenefits. VA Expands Access to Care and Benefits for Some Former Service Members Many never apply because they assume disqualification is automatic.
Health Care You Can Get Without an Upgrade
Even without a favorable Character of Discharge determination, veterans with OTH discharges can access specific VA health services:
- Treatment for conditions the VA has rated as service-connected
- Care for conditions related to military sexual trauma
- Mental and behavioral health care for veterans who served at least 100 days in a combat theater or operated drones in one
- Emergency mental health services during a crisis
- Readjustment counseling at VA Vet Centers
Congress created these carve-outs because some OTH discharges are themselves the product of untreated PTSD, mental health conditions, or trauma from military sexual assault.3Department of Veterans Affairs. What Benefits Can I Get If I Have An Other Than Honorable Discharge Most other benefits, including GI Bill education benefits, VA home loans, and full VA health care enrollment, still require at least a General characterization or a successful Character of Discharge determination.
Civilian Employment and Unemployment Benefits
Your DD-214 documents your discharge characterization, and employers in government and security-related fields routinely ask about military service. Employers generally cannot demand the reason for your discharge, and asking about details can create exposure under the Americans with Disabilities Act because answers may reveal protected medical information. Under the Fair Credit Reporting Act, a third-party background check provider needs your authorization to pull the underlying records.
Federal civilian suitability reviews consider the full record, and an OTH does not automatically disqualify you, but it draws scrutiny. Security clearances are significantly harder to obtain.
Reemployment protections under USERRA can be lost with an OTH.1U.S. Department of Labor. USERRA Fact Sheet 3 – Separations from Uniformed Service Unemployment Compensation for Ex-servicemembers (UCX) is also off the table, because it requires a discharge “under honorable conditions.”8MyNavy HR. Unemployment Compensation for Ex-servicemembers
Firearms and Reenlistment
Federal firearms law prohibits gun possession only for those “discharged from the Armed Forces under dishonorable conditions.”9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because an OTH is administrative rather than dishonorable, it does not trigger the federal firearms prohibition. State laws may impose additional restrictions.
Reenlistment is much harder. Your RE (Reenlistment Eligibility) code, assigned at separation, reflects the reason for your discharge. OTH discharges typically carry RE codes that block reenlistment without a waiver, and waivers are difficult to obtain. A successful review board case can indirectly improve your RE code, since the boards can revisit both characterization and the reason for discharge.
How to Upgrade an OTH Discharge
There is no automatic upgrade. The rumor that a discharge upgrades itself after six months is false. Every veteran seeking a better characterization has to apply, build a case, and prove the original discharge was unjust or inequitable. Two bodies can hear that case.
Discharge Review Board
A Discharge Review Board (DRB), operated by your service branch, can change your characterization, the reason for discharge, or both. You apply using DD Form 293 and must file within 15 years of your discharge date.10Office of the Law Revision Counsel. 10 USC 1553 – Review of Discharge or Dismissal You can appear in person, through counsel, or request a records-only review.11Department of Defense. DD Form 293 – Application for Review of Discharge DRBs cannot review discharges imposed by a general court-martial; those cases go straight to the BCMR. DRB cases usually take 6 to 12 months.
Board for Correction of Military Records
The Board for Correction of Military Records (BCMR) has broader authority and can correct any military record. You apply using DD Form 149. The statutory filing deadline is three years from when you discover the error or injustice, but the board can waive it in the interest of justice.12Office of the Law Revision Counsel. 10 USC 1552 – Correction of Military Records That waiver authority makes the BCMR the primary path for veterans past the 15-year DRB window. BCMR cases take longer than DRB cases.
Strong applications include service records, performance evaluations, medical documentation, a personal statement explaining the circumstances, and evidence of post-service rehabilitation. Character letters from employers, community leaders, or mental health providers help.
Liberal Consideration for Mental Health and Trauma
Department of Defense policy has significantly improved the odds for veterans whose misconduct was tied to mental health conditions. The 2014 Hagel Memorandum directed boards to give liberal consideration to PTSD-related applications. The 2017 Kurta Memorandum extended that framework to any application based in whole or in part on PTSD, traumatic brain injury, other mental health conditions, sexual assault, or sexual harassment, and acknowledged that it is unreasonable to expect the same level of proof for injustices from years ago when these conditions were less understood.13Military Review Boards. Kurta Memo Clarifying Guidance Boards must consider that a mental health condition may have contributed to the misconduct even without a formal in-service diagnosis.
The results show up in the numbers. In recent reporting periods, the Army DRB granted relief in roughly 65% of cases overall and approved 94% of sexual assault-related applications. Navy and Air Force boards approved at lower rates but still granted a meaningful share. Veterans discharged under “Don’t Ask, Don’t Tell” saw over 96% approval in 2024.
What to Do Now
The most common mistake is assuming nothing can be done. Apply for a VA Character of Discharge determination, which can restore benefit eligibility even without changing the discharge. If you are within 15 years of separation, file DD Form 293 with your branch’s DRB. If you are past that window, file DD Form 149 with the BCMR and ask for a time-limit waiver. Pull together your service records, medical records, and any documentation connecting your misconduct to mental health conditions or trauma. VA-recognized veterans service organizations will help you prepare the application at no cost, and that help improves your odds.