Servicemembers who receive “Other Than Honorable” or “Bad Conduct” Discharges (“OTH” and “BCD”) are denied VA benefits, including mental health treatment and must report the discharge on job applications, making employment nearly impossible. These servicemembers are often unemployed, homeless, and still suffer from the mental health condition acquired or aggravated while in service. Frequently, the cause of an OTH or BCD is related to mental health, for example, PTSD acquired in service, depression aggravated while in service.

A law school clinic assists former servicemembers, primarily from Vietnam era, in applying for mental health benefits in two ways: (1) a petition for treatment for a specific condition, by demonstrating that specific mental health condition is service connected, or (2) a petition for a character of discharge upgrade by demonstrating that the reason for discharge is related to mental health, which entitles them to a broad array of benefits. Many servicemembers received an OTH or BCD for small offenses, like “disrespect” towards a superior, refusal to wipe down lockers, or a period of AWOL following a sexual assault.

Most servicemembers' military medical records silent on mental health issues. Many mental health conditions recognized today were unknown at the time of service, like PTSD. Recent policy change acknowledges that there are “limited records” available to show “invisible wounds,” and requires “liberal consideration” of the servicemembers mental health claim. Without legal assistance claims are frequently denied. Decades pass without access to needed benefits, both monetary support for disability and mental health treatment.

Servicemembers should receive care for harms caused by service. The number of servicemembers with OTH and BCD discharges far outweighs the current capacity to petition for benefits and to review petitions. Recent policy change is a beneficial step to rectify decades of detriment to servicemembers with mental health needs. Three training areas can further assist: (1) training review boards on service connected mental health, (2) training VA entities on eligibility criteria, and (3) training present-day discharge boards on the lifelong impact of the discharge to ensure the reason for granting an OTH or BCD is appropriate in light of the long-term consequences.