dishonorable discharge

United Kingdom

There are several reasons why someone may be discharged from the military, including expiration of enlistment, disability, dependency and hardship.

Members of the British Armed Forces are to complete their service obligations before they may be considered for discharge. Service personnel who attempt to leave before completing their length of service, without going through the appropriate channels, may be subject to a criminal conviction.

At the end of service in the Regular Forces, personnel normally have a compulsory reserve liability. The length of this liability depends on the Service, rank and type of commission or engagement in which they entered and whether they are subject to the Reserve Forces Act 1980 (c. 9) or Reserve Forces Act 1996.

British Army

Types of discharge

Normal Service Leaver: personnel who A) are leaving on completion of engagement; B) have been given notice to leave, or C) been given notice of discharge under redundancy.

Early Service Leaver: personnel who have been discharged either A) compulsorily from the trained or untrained strength, or B) at their own request from the trained strength or untrained strength having completed less than 4 years of service.

Medical Discharge / Retirement: service is being terminated on medical grounds. Personnel would have attended a Medical Board that recommended the person's services be terminated on medical grounds.

Army officers and other ranks must be interviewed by at least one of the following:

Unit Welfare Officer

Regimental Career Management Officer

Regimental Sergeant Major (RSM)

Regimental Administrative Officer

Commanding Officer (CO)

Unit Resettlement Information Staff

Naval Service

Individuals in the Royal Navy and Royal Marines who are not due for compulsory retirement but who wish to leave the Service, for whatever reason, before reaching the end of their Commission/Career/Engagement may apply for Early Termination, provided the conditions outlined in Chapter 54 of BR 3 - Naval Personnel Management are met. Within the Naval Service, the term "retirement" applies to officers who complete the period of service required by their respective commissions. For officers of the trained strength, recommendations for termination of a commission must generally be reviewed by the Admiralty Board.

Early Termination: Officers may apply to leave (voluntarily withdraw from training) up to their Premature Termination of Career Training (PTCT) point, which is generally before the day they pass out of Britannia Royal Naval College, and also depends on their specialty. Ratings and Other Ranks have a "statutory right of discharge" after six months' service or after they turn 18.

Invaliding: Personnel may be "invalided out" if they are found "permanently unfit for full naval service" by the Naval Service Medical Board of Survey (NSMBOS).

Resignation: This is a common civilian term used to refer to the termination of one's commission but in the Naval Service, the term "resignation" has a "special meaning". Despite common usage of the term, officers do not legally have the right to resign their commission. However, they may be permitted to do so under extenuating circumstances, at the discretion of their CO and with permission from the Admiralty Board. Resignation is appropriate when an officer wishes to sever all connection with the Service. Circumstances that would warrant resignation rather than the other types of discharge are where an individual holds actions or beliefs/attitudes that fundamentally conflict with the concept of military service. The primary consideration of the Admiralty Board's acceptance of resignation is the best interests of the Service. Officers who resign their commissions are not liable to serve in the Reserves but certain benefits such as retired pay and resettlement grant may be affected.

Other types of discharges include:

Compulsory Withdrawal from Training (CWFT): When an officer's performance – whether professional, character or leadership – falls below the standard required, even after all appropriate warnings have been applied, this type of discharge may be invoked. Young Officers (YO) (officers in training) at the Britannia Royal Naval College or Commando Training Centre Royal Marines and Officer Candidates promoted from the Lower Deck who fail to complete initial training can also be subjected to a CWFT. Pilots undergoing professional training would be suspended from flying duties.

Standing for election

The House of Commons Disqualification Acts prevent members of the regular forces from serving as MPs in the UK House of Commons. Until 1963, a service member standing for election was automatically granted an honourable discharge during peacetime (in wartime only leave of absence unless successfully elected). The custom originally applied only to officers, since only members of the nobility or gentry met the property qualification for election. In June 1962, an enlisted man, who had been refused a discharge to enrol at university, stood in the Middlesbrough West by-election, securing his discharge for the price of his electoral deposit. That November, eight more servicemen availed of the same loophole at by-elections in Chippenham, South Dorset, Central Norfolk, and South Northamptonshire. Amid public controversy over these cases it emerged that merely applying for nomination papers would secure a discharge, with no need to submit the papers, pay the deposit, or appear on the ballot paper. In March 1963, there were 174 such applications for the Colne Valley by-election and 493 for the Rotherham by-election. Military regulations were then changed so that, before an applicant is granted a discharge, a screening committee appointed by the Home Secretary, comprising two King's Counsel and six former MPs, must agree they are a bona fide political aspirant with some chance of success.

United States

Most often, when someone leaves the U.S. military, they are separated, not discharged. Enlisting in the U.S. military generally entails an eight-year commitment, served with a combination of active and reserve service. Individuals who voluntarily separate from active duty with fewer than eight years normally fulfill the balance of their term in the Individual Ready Reserve (IRR). In the U.S., discharge or separation is not military retirement; personnel who serve for 20 years or longer are retired, and are transferred to the Retired Reserve. Members who are seriously disabled are also retired (receiving what is referred to as a Medical Retirement) rather than discharged.

Typical reasons for discharge (with or without an administrative board hearing):

Expiration of Term of Service (ETS)

Failure to meet physical fitness standards

Reaching the maximum age limit

High Year Tenure (reaching the maximum allowable time in grade, and not selected for promotion)

Disability, dependency, or hardship

Pregnancy/parenthood

Personality disorder

Medical conditions not considered disabilities

Physical or mental conditions that interfere with military service, resulting in placement on the Temporary or Permanent Disability Retirement Lists

Medical standards disqualification — Failure to meet medical retention or accession standards for physical or mental health conditions, including current or history of gender dysphoria or gender transition under the 2025 transgender military ban

Administrative discharges

Entry level separations, which are accompanied by an uncharacterized discharge, are given to individuals who separate prior to completing 180 days of military service or when discharge action was initiated prior to 180 days of service. The vast majority of these administrative separations occur during recruit training or "boot camp". This type of discharge (over 19,000 in 2019) does not attempt to characterize service as good or bad. Rather, an uncharacterized discharge is the absence of a characterization of service, as the individual being discharged does not have sufficient time in service in order to fairly characterize the individual's service. However, this type of discharge often attaches a reason such as pregnancy, performance in training, or medical issues. An individual with an ELS may, under certain conditions, be allowed to re-enlist in the military.

During the drafting of the 2021 National Defense Authorization Act, the House of Representatives passed Congresswoman Elaine Luria's amendment to accompany H.R. 6395 that required the United States Armed Forces to report on the number of service members subject to the misuse of the uncharacterized discharge since 2001. However, the amendment was removed by the Senate.

To receive an honorable discharge, service members must have received a rating from good to excellent for their service. Service members who meet or exceed most of the required standards of duty performance, committed no or minimal misconduct, and who complete their tours of duty, normally receive honorable discharges. Over 80% of U.S. service members separate with an honorable discharge.

However, it is not necessary to complete a full term of service to receive an honorable discharge, as long as the discharge is not due to misconduct. For instance, service members rendered physically or psychologically incapable of performing assigned duties normally have their service characterized as honorable, regardless of whether they incurred the condition or disability in the line of duty, provided they otherwise met or exceeded standards. Similarly, service members selected for involuntary discharge due to a Reduction in Force (RIF) typically receive an honorable discharge, assuming their conduct while on active duty met or exceeded standards. Individuals with honorable discharges will also, under certain circumstances, be allowed to re-enlist in the US military.

Punitive discharges

Punitive discharges are imposed for conduct prejudicial to good order and discipline.

A Bad Conduct Discharge, colloquially referred to as a "big chicken dinner" or "big crazy duck", from the initialism, can only be given by a court-martial (either special or general) as a punishment for an enlisted service member. Bad conduct discharges may be preceded by a period of confinement in a military prison. The discharge itself is not issued until completion of the appellate review process, or in the cases of discharges involving a prison sentence, completion of both the sentence and the appellate review process.

Many or all veterans' benefits are forfeited in the case of a Bad Conduct Discharge, and those discharged through a general court-martial will also not be eligible for disability compensation. Even then, although these veterans can still receive health care, they will not be able to do so through the VA.

A dishonorable discharge, colloquially referred to as a "duck dinner", is the most serious type of discharge in the US military. It can only be handed down to a military member by a general court-martial: dishonorable discharges are rendered by conviction from a general court-martial for exceptionally serious offenses (e.g., treason, espionage, desertion, sexual assault, or murder).

With a dishonorable discharge, all or almost all benefits are forfeited, regardless of any past honorable service, and this type of discharge is regarded as shameful in the military. As with many bad conduct discharges, dishonorable discharges are normally preceded by military prison sentences and are formally issued after completion of both confinement and the appellate review process. In the rare event that a court-martial imposes a death sentence, the dishonorable discharge will be given out on the day prior to the condemned soldier being put to death.

In most states, a dishonorable discharge is deemed the equivalent of a felony conviction, with the concomitant loss of many civil rights. Veterans who have been dishonorably discharged lose the ability to own firearms, work government jobs and receive government assistance and loans, and in some jurisdictions also to vote, hold public office, or serve in a jury. Additionally, since government aid is normally not available and bank loans are very difficult to obtain for those with dishonorable discharges, veterans who are dishonorably discharged often find attending post-secondary education difficult, and many have a difficult time finding work once they return to civilian life.

Statistics

According to the Department of Defense, of 207,000 service members that were discharged in 2014, more than 18,000 (9%) were issued less-than-honorable paperwork, with 4143 veterans (2.0%) receiving other-than-honorable discharges, 637 (0.31%) receiving bad conduct discharges, and 157 (0.08%) receiving dishonorable discharges. Between 2000 and 2014, 352,000 people in all were handed similar papers, ranging from general to dishonorable.

Analogous proceedings for commissioned officers

Commissioned officers cannot be reduced in rank by a court-martial, nor can they be given a bad conduct discharge or a dishonorable discharge. If an officer is convicted by a general court-martial, then that officer's sentence can include a "dismissal", a separation carrying the same consequences as a dishonorable discharge for an enlisted person and a reduction in rank to the last rank at which the officer served satisfactorily. A US Treasury decision states that even though an officer is dismissed rather than dishonorably discharged, the phrase "discharged from the Armed Forces under dishonorable conditions" is broad enough to include a dismissal rendered for an officer by a general court-martial, and thus an officer dismissed under dishonorable conditions is also prohibited from possessing firearms or ammunition under federal law, in the same manner as someone with a dishonorable discharge.

If a court-martial convicts an officer but imposes a sentence that does not include a dismissal, the secretary of the officer's service branch may drop that officer from the roll (official list) of officers in that branch. Such a separation is characterized as administrative rather than punitive.

Appeal procedures

After discharge, a service member (or their next of kin, if the service member is deceased) can appeal the type of discharge that was given.

The member must file form DD-293 if discharged within 15 years, or form DD-149 if over 15 years ago. The forms are significantly different and go to the Discharge Review Board (DRB) and the Board for correction of military records (BCMR) respectively. 10 U.S.C. §§ 1552–1553 provide the law for this action.

The service member (or their next of kin if the service member is deceased) must submit evidence for error, impropriety or inequity in discharge. Most appeals are rejected, however, and changes are authorized only if it can be proven the service member was unfairly denied an honorable characterization.

Any punitive discharge adjudged by a court-martial is automatically reviewed by a military appellate court for each respective branch. These are the Army Court of Criminal Appeals (ACCA), Air Force Court of Criminal Appeals (AFCCA), Navy-Marine Corps Court of Criminal Appeals (NMCCCA), and the Coast Guard Court of Criminal Appeals (CGCCA). These courts are staffed by appellate military judges and function as an intermediate appellate court and have the power to review de novo both any questions of legal error and the factual basis of the conviction. If either the government or the accused is dissatisfied with the results of this appeal, the conviction or the sentence can be appealed to the Court of Appeals for the Armed Forces (CAAF). This court has the power of discretionary review, in that it can in some cases deny a petition to grant a review. This court however must hear any death penalty cases or cases certified by the Judge Advocate General of each respective service for appellate review. Litigants before the CAAF can appeal to the United States Supreme Court. However, this right only applies to any case that the CAAF has reviewed. Therefore, in most military justice cases, the CAAF is the court of last resort since a denial of a petition of review by that court prevents higher appeal.

Servicemembers who are given a punitive discharge and have completed any adjudged confinement are normally placed on appellate leave pending final review of their cases by the appellate courts. This includes members who plead guilty at their courts-martial since all cases are automatically reviewed. The member is considered on active duty and is subject to the Uniform Code of Military Justice while on appellate leave. While the member is entitled to full health care benefits and other privileges of being on active duty, the member receives no pay or allowances and is relieved of any military duties.

Reenlistment Eligibility Code

Another important aspect is the RE (Reenlistment Eligibility) Code. This specifies under what conditions the member can reenlist in the armed forces. The definition of each RE Code may vary from Service to Service, as currently it is the responsibility of each branch of the Armed Forces to establish reenlistment eligibility criteria. As a general rule, however, an RE Code in the "1" series allows reenlistment into any component of the Armed Forces, and an RE Code in the "3" series usually lets the veteran reenlist with a waiver. RE Codes in the "2" series often place restrictions on reenlistment: this is especially true in the Air Force, which has a policy permanently barring airmen separated from the Air Force with an RE Code 2 from reenlisting in the Air Force (though reenlistment into other components of the Armed Forces may be possible with a waiver). An RE Code in the "4" series typically bars reenlistment into any component of the Armed Forces. (It is possible for a person with an RE Code of 4 to enlist in the Navy or Air Force if the SPD Code and the Narrative Reasoning is waivable.) A veteran issued an RE Code in the "4" series usually requires an Exception to Policy waiver to reenlist.

The Department of Veterans Affairs uses different criteria from the Departments of the Air Force, Army, and Navy when establishing veteran status. VA benefits, such as the VA's health care and home loan programs, can sometimes be enjoyed if the veteran's conduct was not dishonorable.