Leaving “Other than Honorable” Soldiers Behind: How the Departments of Defense and Veterans Affairs Inadvertently Created a Health and Social Crisis

Daniel Scapardine

This Comment discusses how OTH (“Other than Honorable”) veterans are negatively affected by their discharge characterizations. It also explores how upgrade appeals' processes and benefit-acquisition systems typically operate against veterans' interests, despite their “pro-claimant” labelling, and disparately affect those with mental health issues or those who have experienced military sexual trauma. Part I of this Comment discusses the rationale and methodology of discharging a service member from the military. Part I also discusses the types of discharge characterizations and how each characterization affects a veteran'saccess to benefits. Part I further discusses the statutory and regulatory bars that preclude OTH veterans from benefits and the methods in which OTH veterans may attempt to seek relief. Part II discusses the systemic issues among statutory and regulatory interpretations, the inefficiencies of each appeals process, and the unintended consequences that result from these institutional inadequacies. Part II also analyzes recommendations to ameliorate the growing issue OTH veterans face in failing to obtain the benefits they deserve.