Maybe.

Here is the link to the VA's Home Loan Guaranty Services.
http://www.homeloans.va.gov/elig2.htm
Give them a call, they have the authority to advise you.

Jay

Last edited by seacoyote (2008-06-17 18:38:32)

During and right after the War in Vietnam many veterans with OTH discharges got them upgraded to General Discharge Under Honorable Conditions when their original discharges were either Bad Conduct or Undesireable, not sure about the very few with a Dishonorable Discharge? I do not know if they still upgrade less than honorable discharges now?

dracula wrote:

Probably not. In the VA's eyes today a less then Honorable is equal to a Dishonorable, and could very well stop or reduce any benefit that is being received from the VA. My advice is if you are close enough to a VA medical facility, take a trip over to it and see one of the VSO's that are on duty and see what they say. NEVER listen to the VA as you could call 100 times and get 100 different answers. That place is just about the most screwed up place I have ever seen.

Another good place to look is your local County Veterans Service Officer, they should be able to at least get you started.

An Individual who received a OTH Discharge CAN receive VA Benefits IF it is for a Disability, and Only for that Disability.

There are other rules and Reg that do apply

dracula wrote:

As I said, go speak with the VSO's at your local VA medical center and they can not only tell you yes or no but they can site you chapter and verse on if you can do it and what you would need as well as if you cannot do it and why not.

Take the advice on this board as a thmbnail, but go to the experts for direct advice. What I mean by this is take the advice we give you and use that as a starting point, but check the VA regs to make sure.

I can e-mail you my VA e-mail address or phone number where you can reach me

vinman357 wrote:

CAN YOU UPGRADE A OTH DISCHARGE TO A GENERAL UNDER HONERABLE??

Yes there is a proceedure to apply for that request. Whether or not they approve  it is up to them. I remember escorting allot of men out the base gates who asked me the same question but can not recall the exact procedure.

muckeycl wrote:

I am curious. I need to find help to upgrade my discharge to at least a general to recieve benefits from the va or the nearest college. I recently just lost my civilian job do to post tramatic stress. I have only been out of the military for 10 months. I need to find assistance on what shoud be done and going in the right direction.

Get help from a Service Officer at DAV or VFW.  If anyone can help you they can.

DAV;
http://www.dav.org/veterans/NSOffices.aspx

VFW;
http://74.125.47.132/search?q=cache:_IB … =firefox-a

interesting question but more interesting is [ which always amazes me] 4 first time posters to this forum ?

anyway:

Other Than Honorable (OTH)
A OTH is the most severe form of administrative discharge. This type of discharge represents a serious departure from the conduct and performance expected of all military members. OTH discharges are typically given to service members convicted by a civilian court in which a sentence of confinement has been adjudged or in which the conduct leading to the conviction brings discredit upon the service. It can also be given as the result of certain civil hearings, like a divorce for adultery. OTH discharges can be accepted in-lieu of court-martial proceedings at the service-member's request. Persons facing OTH are guaranteed, by the Uniform Code of Military Justice, the right to have their discharge heard by an administrative discharge board, which is similar to a court-martial but is not a public forum.

Recipients of OTH discharges are barred from reenlisting into any component of the Armed Forces (including the reserves), and are normally barred from joining the Army National Guard or Air National Guard, except under rare circumstances which require exception-to-policy waivers. As of September 2006, all 50 states had policies barring the reenlistment of UOTHC discharge recipients.

In addition, the majority of veterans' benefits are not available to individuals who receive an other than honorable conditions discharge, including the Montgomery GI Bill and (in most cases) VA healthcare benefits

If you received anything but an "Honorable" Discharge, this may affect your VA Benefits. Here's how you can apply for consideration in having your discharge upgraded:

1.Obtain a copy of DD Form 293, "Application for the Review of Discharge or Dismissal from the Armed Forces of the United States."

2.Complete personal information in Section 1.
3.If you are making the application on behalf of another individual, complete Section 2.
4.Indicate the action you wish the board to accomplish in Section 3.
5.In section 4, indicate whether you wish to appear before the board in Washington D.C., wait for a traveling board, or have a records only review.
6.If you are being represented by another person, complete section 5.
7.Complete Section 6 if you elect not to be represented by counsel.
8.List supporting documentation in Section 7.
9.In Section 8, tell the board exactly why they should consider upgrading your discharge.
10.Sign and Date the Form in Section 9.
11.Mail the completed form to the address listed on the reverse side of the DD Form 293.

http://usmilitary.about.com/gi/o.htm?zi … dd0293.pdf

Tips:
1.Most of these requests are not approved. To maximize your chances, it is a good idea to be represented by an experienced attorney.
2.If the Discharge is over 15 years old, you must apply for a Correction of Military Records.
3.It may take several months for the board to review your application and make a decision.

Last edited by SSGMike.Ivy (2009-10-22 16:15:51)

You can definitely get a loan with an OTH discharge.  I just recieved the COE of a client with a OTH today.  Have your loan officer work with the VA in getting it for you, and if you run into problems, give me a shout on here.

Benefit Description:

To be considered a “veteran"  eligible for Department of Veterans Affairs (VA) benefits, a former service-member must have been discharged “under conditions other than dishonorable."  Under VA regulations, administrative discharges characterized by the armed services as “Honorable"  or “General Under Honorable Conditions"  are qualifying, and punitive discharges (“Dishonorable"  or “Bad Conduct" ) issued by general courts-martial are disqualifying.

The in-between categories, administrative “Other than Honorable"  discharges, and punitive “Bad Conduct Discharges"  issued by special courts-martial, may or may not be disqualifying for purposes of general VA benefit eligibility or VA health benefits eligibility specifically. In assessing whether such discharges were issued “under conditions other than dishonorable,"  VA must apply the standards set forth in Title 38 Code of Federal Regulations (C.F.R.) §3.12.

Long story short, its a case by case basis.  With each one I have had approved, they always have had continuous honorable service of more than two years.  If anyone has issues, let me know so I can try to help.

Here is a pdf file fact sheet link covering 'other then honorable discharges impact on va disability. dated October 2008

http://www4.va.gov/healtheligibility/Li … orable.pdf

I recieved an oth discharge in 1986. I was issued a COE for a va loan in 1996 that I never used. I recently applied for a home loan andwas told the COE couldn't be any older than 6 months and I would have to reaply for the COE. The VA said that I would have to go through the vetting process again to see if I was eligible for VA benefits. They said it could take up to 180 days before I would receive an answer. Is it possible to go to my local VA office to speed up the process. I don't want to step on anyones toes, just want to tell my side of the story face to face with someone. Can anyone  share any expriences like mine so I could have some direction to work with?
Thanks Jeff

docsyv wrote:

Question?   After receiving a Honorable discharge from the National guard I received a letter stating that if I do not return TA-50 that was lost while we were returning from Iraq I could face penalties up to and including criminal charges if the gear is not turned in within 15 days of receiving the letter.  Does anyone have any advice or guidance?

The first thing I would do is contact them, explain what happended and have them do a Report of Survey.

Also get statements from anyone that has knowledge of the loss.