Does a Reserve Other Than Honorable discharge effect benefits earned from Active Duty?

2022-12-27T22:23:02-05:00

If I've separated honorably from active duty at 8+ years, and then received an OTH from the Reserves, will my VA benefits be effected? Will I still receive my Post 9/11 GI Bill that I received from AD?

Response by SGT Private RallyPoint Member made Dec 27 at 2022 10:27 PM

2022-12-27T22:27:56-05:00

Contact one of these four gentlemen... they are very knowledgeable in Military related questions/issues.

Response by LTC Eugene Chu made Dec 27 at 2022 10:30 PM

2022-12-27T22:30:49-05:00

Talk to JAG. A lawyer can help you understand what you may be entitled to along with how to talk to the VA if seeking benefits.

Response by MSG Private RallyPoint Member made Dec 27 at 2022 10:48 PM

2022-12-27T22:48:30-05:00

Yea, you could have benefits affected. What will (should) is somewhere in the process if the chapter, you should receive counseling stating what benefits you'll keep and lose based on the recommendations of your Commander. Now, the final approving authority will have final say for what is kept/lost. Also, you'll be afforded the opportunity to speak with a lawyer (JAG)

Response by MSgt Private RallyPoint Member made Dec 27 at 2022 11:02 PM

2022-12-27T23:02:05-05:00

I believe an active duty discharge is not impacted by your subsequent reserve discharge. So you would be entitled to benefits, from the VA, based on your active duty service. But as LTC Eugene Chu mentioned you should contact JAG. They can advise you in any COA to take.

Edit:
After doing some reading it looks like the GI bill could be possibly locked to active duty time. But it is possible other benefits could be affected.

Response by SFC Private RallyPoint Member made Dec 28 at 2022 7:07 AM

2022-12-28T07:07:08-05:00

You should direct your question to the VA or a VSO, only they can tell you exactly what benefits you will be authorized in your situation

Response by COL Randall C. made Dec 28 at 2022 7:27 AM

2022-12-28T07:27:56-05:00

PO2 Joshua Lancaster - Short answer is that MSgt Private RallyPoint Member is correct. Your active duty discharge eligibility won't be affected by the character of your reserve component discharge.

Long Answer: The VA determines the eligibility by the period of service. If you have a qualifying eligibility based on an honorable period of service it is not 'negated' by a period of bad service (OTH, BCD, etc).

For example, if you enlisted, had honorable service, got out, reenlisted, injured while doing 'dishonorable service' and got a 'dishonorable' characterization on your discharge, you might not be able to claim disability benefits on the dishonorable period of service. However, you would still be able to claim educational benefits based on your honorable period of service from your first enlistment.

The VA's language on this is, "A discharge characterized by the military as under honorable conditions is binding on VA and allows for VA to provide benefits if other eligibility requirements are met." If you review the VA factsheet* regarding the character of discharge, they address this on page 3 for the question, "What if the individual in question had more than one period of active military service?".

The same is in your situation. You have honorable discharge from active duty but an other than honorable discharge from the reserves. Your period of service on active duty will establish eligibility, assuming you meet whatever other requirements a benefit might have, based on an honorable characterization. Your reserve component period of service will not affect it.
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* VA Fact sheet - Claims for VA Benefits and Character of Discharge - https://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf
* https://www.swords-to-plowshares.org/guides/back-to-back-and-conditional-discharges

COD_Factsheet.pdf

Response by SrA Carl Harris made Dec 28 at 2022 7:18 PM

2022-12-28T19:18:24-05:00

Education benefits will be based off the 8+ years active duty. The OTH only comes into play with organizations that offer services to help veterans with things like housing, rental/utility assistance and other things. I am speaking from personal experience as I have been jobless, homeless and struggled to find job in the IT field.