A conviction in a court-martial can have numerous consequences for a military service member, including confinement/incarceration and discharge, and other penalties. However, when a service member faces discipline through a court-martial, a conviction can also have significant consequences for their eligibility for veterans’ benefits. As a result, when you face a court-martial, understanding the effect of a conviction on your right to military veterans’ benefits can help you make informed decisions about how to proceed with your case.
Overview of the Military Justice System
In the military criminal justice system, service members may face discipline for violations of the Uniform Code of Military Justice through various procedures. Less serious offenses may result in nonjudicial punishment through an Article 15 proceeding, which may include forfeiture of pay or a reduction in rank. However, more serious crimes may result in a service member facing a court-martial. The military has three types of court-martial: summary, special, and general. A summary court-martial handles the least serious offenses, with a single commissioned officer presiding. Special courts-martial typically handle offenses that would constitute misdemeanors under civilian criminal laws, with cases involving three officers and a military judge. A general court-martial handles the most serious crimes, equivalent to felonies under civilian law.
How Court-Martial Convictions Affect Military Discharge Status
A service member convicted in a special or general court-martial has a high risk of discharge from the military as part of their punishment, usually as a bad-conduct or dishonorable discharge. However, even if a conviction does not immediately result in discharge from the military, a service member’s record may ultimately lead to a general discharge or other-than-honorable discharge when they leave the military.
Effect on VA Benefits Eligibility
A veteran who received anything less than an honorable discharge may face disqualification from various VA benefits. For example, a veteran who received a general discharge (under honorable conditions) can still qualify for VA home loans, healthcare, and disability benefits, but may not qualify for various benefits under the GI Bill. An other-than-honorable discharge typically disqualifies veterans from many VA benefits, though a veteran can restore eligibility for certain benefits through a VA character-of-discharge review. A bad-conduct discharge disqualifies a veteran from VA home loans, GI Bill benefits, and most VA healthcare benefits unless benefits are restored.
Of note, dishonorable discharges permanently disqualify veterans from VA benefits. The only avenue to recover benefits lost to a dishonorable discharge is through appeal or a board of corrections of military records.
Possibility of Retaining or Restoring Benefits
When a veteran’s general or other-than-honorable discharge disqualifies them from specific VA benefits, they can request a character of discharge review to restore their eligibility for benefits. In a character of discharge review, the VA will evaluate the reasons for a veteran’s discharge, frequently looking to see whether the veteran’s service involved willful and persistent misconduct. The VA will also consider mitigating circumstances surrounding a veteran’s conduct that led to their discharge, such as cognitive or mental health issues (including traumatic brain injuries or PTSD), suffering sexual assault or harassment, physical health issues or trauma, or duress/coercion. A character of discharge review does not upgrade a veteran’s discharge type but instead only restores eligibility for various VA benefits.
Contact Our Firm Today
A court-martial that results in a conviction can have consequences beyond the penalties imposed by the court, including potentially affecting your right to veterans’ benefits after your discharge from the service. Contact Patriots Law Group today for a confidential consultation with a military discipline attorney to learn more about what a conviction in a court-martial may mean for your eligibility for veterans’ benefits.