Discharge; other than Honorable

BVA Citation Nr: 0703274

The term "veteran" means a person who served in the active 
military, naval, or air service, and who was discharged or 
released therefrom under conditions other than dishonorable. 
38 U.S.C.A. § 101(2); 38 C.F.R. § 3.1(d). A discharge or 
release from active service under conditions other than 
dishonorable is a prerequisite to entitlement to VA pension 
or compensation benefits. 38 U.S.C.A. § 101(18); 
38 C.F.R. § 3.12(a). "Discharge or release" is defined to 
include: (A) retirement from the active military, naval, or 
air service, and (B) the satisfactory completion of the 
period of active military, naval, or air service for which a 
person was obligated at the time of entry into such service 
in the case of a person who, due to enlistment or 
reenlistment, was not awarded a discharge or release from 
such period of service at the time of such completion thereof 
and who, at such time, would otherwise have been eligible for 
the award of a discharge or release under conditions other 
than dishonorable. 38 U.S.C.A. 101(18).

BVA Citation Nr: 0710761

The term 'veteran' means a person who served in the active 
military, naval, or air service and who was discharged or 
released under conditions other than dishonorable. See 
38 C.F.R. § 3.1(d). If the former service member did not die 
in service, pension, compensation, or dependency and 
indemnity compensation is not payable unless the period of 
service on which the claim was based was terminated by a 
discharge or release under conditions other than 
dishonorable. See 38 U.S.C.A. § 101(2); 38 C.F.R. § 3.12. 
A discharge under honorable conditions is binding on the VA 
as to the character of discharge. See 38 C.F.R. § 3.12(a).
 
A discharge or release from service under specified 
conditions, including being AWOL for a continuous period of 
at least 180 days, is a bar to the payment of benefits unless 
the appellant was insane at the time of the offense causing 
such discharge or there was compelling circumstances to 
warrant the prolonged unauthorized absences during service. 
38 U.S.C.A. § 5303(b); 38 C.F.R. §§ 3.12(b), 3.354 (defining 
insanity for purposes of determining cause of discharge from 
service).
 
Acceptance of an undesirable discharge to escape trial by 
general court-martial is considered to have been issued under 
dishonorable conditions and is a bar to VA compensation 
benefits (but not to benefits under Chapter 17 of Title 38). 
38 U.S.C.A. § 5303; 38 C.F.R. § 3.12(c).