Some may refer to entry-level separations as Basic Training separations or a Basic Training discharge. This is the highest discharge a military member can receive. It indicates the service member performed duties well, faithfully executed the mission, and was an asset to the branch of the military where the member served. This type of military administrative discharge is motivated by different things depending on the branch of service.
The overall conduct of the military member may have been exemplary in some areas, but other areas of misconduct or failure to adapt to the military environment may have resulted in such a discharge. Depending on the severity of the problems mentioned in the DD Form , the veteran may receive a reenlistment code that determines the service members eligibility for any future military service.
This is the most severe of the administrative discharges which do not require a court-martial. Reasons for the OTH discharge may depend on the severity of the offenses, how a particular branch of the military has traditionally handled such issues, and other variables. Security violations, trouble with civilian authorities, assault, drug possession or various degrees of drug violations or other problems could all potentially motivate an Other Than Honorable Discharge.
The OTH should be considered to be a barrier to future military service. A Bad Conduct Discharge comes as the result of a court-martial and may be followed by prison time depending on the nature and severity of the conduct. This type of military discharge is not considered an administrative one and is a barrier to future military service.
This is the most punitive of all military discharges and is given as the result of a court-martial. Desertion, murder, fraud, and other crimes performed in uniform can result in court-martial proceedings that lead to a Dishonorable Discharge.
No military benefits or future military service is possible with a military discharge characterized as Dishonorable. These separations generally happen before the new recruit has served more than days. A Medical Discharge may be given to service members who become sick or injured to the point where military duty is no longer possible based on a medical evaluation of the medical condition.
This process can be lengthy and may or may not be appealed depending on a variety of factors. Military members who receive Medical Discharges should apply for VA compensation for service-connected medical issues, especially those that resulted in the discharge.
Certain VA benefits and other perks of military service require certain types of military discharges. Using the information contained on this website does not form an attorney-client relationship. An attorney-client relationship is only created after an agreement for your particular case has been established between you and Devil Dog Defender. Contact us for more information. Lawyer Marketing by Digital Logic. Call Toll Free. Wilkie Law Firm Military Defender.
Need help? Free Consultation. Medical Discharge. Military Medical Discharge Attorney. Contact Us Today. Medical Discharge Under Title 10 of the United States Code, chapter 61 , the Secretaries of the Military Departments may retire or discharge a service member who is found to be unfit for duty based on a disabling physical or mental condition. How Does Medical Discharge Work? A placement in a MEC 4 may result in:. The term 'Medically Unfit for Further Service' MUFS is no longer an official category although delegates may find the ADF medical and discharge papers relating to most old medical discharge cases will use this term or variations of it.
During the period of its currency, it meant a mild, a partial or a temporary state of incapacity for a particular military employment and was equivalent to the present MEC2 or MEC3. The term BMS has never 'officially' indicated a fitness category requiring involuntary medical discharge from the ADF.
A person who has been medically discharged is, virtually by definition, incapacitated for defence service. However, not all persons who have been medically discharged are incapacitated for civilian work.
The ADF requires, as a condition of continued employment, high standards of personal physical fitness and functional ability from its members. ADF members must be capable of deployment to operational service and to reliably perform physically and mentally demanding tasks under combat conditions, in locations where there may be no medical support for an ongoing condition. An injured member may therefore be medically discharged from the ADF for a failure to meet the high fitness and health standards for deployment, yet still be capable of earning an income in suitable civilian work.
This is because civilian work does not require combat readiness or the ability to serve in a war zone. Nevertheless and regardless of the residual capacity for civilian work, a medical discharge provides a medical opinion that the person is incapacitated for the full range of requirements of Defence service. On the basis of the loss of Commonwealth employment due to the medical discharge, it is policy to accept the MECRB decision for medical discharge that is related to an accepted service injury or disease as medical certification of up to twelve weeks incapacity, from the date of discharge.
Important note: Following this period, the person must, if payments are to continue, produce further medical certificates from their treating doctors, to demonstrate continuing incapacity for civilian work or be participating in a vocational rehabilitation plan. The presumption should not be made that a member discharged as BMS 'Below Medical Standard' is entitled to incapacity compensation.
Medical and other evidence should be collected before approving compensation for incapacity.
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