Veteran Lawbreaking: Understanding The Complex Relationship

Military veterans are defined as individuals who have served in the active military, naval, or air service and have been discharged under conditions other than dishonorable. This definition encompasses those who have completed service for any branch of the armed forces, including the reserves and National Guard, as long as they were not dishonorably discharged. While the specific benefits available to veterans may vary, veteran status generally confers access to a range of benefits, including education, healthcare, and VA home loans.

However, there are instances where veterans may find themselves on the wrong side of the law. For example, a federal law has forced over 120,000 veterans to return the money they received as special separation pay when the military needed to downsize. This law prohibits veterans from receiving both disability and special separation pay, resulting in financial hardship for many. Additionally, some veterans may struggle with mental health issues or substance abuse, which can lead to legal problems if left untreated.

Understanding the legal rights and benefits available to veterans is crucial, and seeking assistance from organizations specializing in veteran affairs can help ensure that veterans receive the support and benefits they are entitled to.

What constitutes a military veteran?

The definition of a military veteran differs depending on the context. In general, a military veteran is a person who has served in the military, naval, or air service and has been discharged or released under conditions other than dishonorable. This definition is established in Title 38 U.S.C. section 101.

According to the U.S. Department of Veterans Affairs (VA), a military veteran is "a person who served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable." This definition is crucial in determining whether an individual qualifies for VA benefits.

The term "military, naval, or air service" includes members of the Reserves, Air or Army National Guard, and certain military academies. It also applies to commissioned officers in specific government agencies, such as the Public Health Service and the National Oceanic and Atmospheric Administration.

To be considered a veteran, the individual's service must be classified as "active." Active service refers to full-time duty, where the individual works solely for the military and can be deployed at any time. Reservists and National Guard members are considered active during periods when they are ordered into service by the President or for specific training exercises.

In addition to active service, certain periods of inactive duty can also qualify an individual for veteran status. This includes cases where an individual is disabled or dies from an injury caused or worsened in the line of duty, or from specific medical conditions during training.

To be eligible for veteran benefits, the individual must have been discharged or released "under conditions other than dishonorable." The VA has its own set of regulatory and statutory bars to determine eligibility for benefits, which may differ from the military's characterization of discharge.

It is important to note that the requirements for veteran status and benefits eligibility may vary, and individuals should refer to official sources or seek legal guidance for specific information.

Factors influencing veteran status

There are several factors that influence veteran status. Firstly, the legal definition of a veteran is someone who has "served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable." This definition is important as it sets the baseline for veteran status, but it is also notable that there is no minimum time of service required to be considered a veteran.

However, when it comes to benefits, there are other considerations. For example, reservists and National Guard members must have served on active duty for at least 180 days to be considered a veteran. Additionally, medical discharge or retirement for a service-connected disability is often referred to as a "Golden Ticket" when it comes to veteran benefits.

Other factors that can influence veteran status include the individual's trade or role in the military, their rank, and their gender. For instance, women may be less likely to identify as veterans due to historic treatment by organisations and society, or because they feel that the veteran identity conflicts with their view of what a woman should be. On the other hand, men may initially hold more salient military identities while serving due to fitting the normative template of what it means to serve.

The individual's perception of civilians and civilian life can also play a role. Negative attitudes or a lack of appreciation for their military experience from civilians can increase the salience of an individual's military identity. Similarly, a sense of othering and a belief that civilians behave in contradiction to military values can reinforce a veteran's identity.

Finally, factors such as age, race, and education level can also influence veteran status. For example, individuals with less educational attainment are more likely to identify as veterans, and older veterans tend to have longer hospital stays.

Veteran benefits

• Disability compensation for conditions related to military service.
• Education benefits, such as the GI Bill, to help with college and training programs.
• Vocational rehabilitation services and support for veteran-owned small businesses.
• Monthly payments for wartime veterans and survivors who meet certain age and disability requirements.
• VA-backed home loans and housing grants to help veterans live more independently.
• Life insurance options for veterans and their families.
• Burial in a VA national cemetery, memorial items, and survivor and dependent benefits.
• Veteran ID cards and benefit letters.

To be eligible for veteran benefits, individuals typically need to have served in the active military, naval, or air service and have been discharged under conditions other than dishonorable. However, the specific requirements for different benefits can vary, and reservists and National Guard members may also be eligible for certain benefits. It is important for veterans and their families to understand their eligibility and apply for the benefits they are entitled to receive.

Types of military discharge

Military discharges fall into two distinct categories: administrative and punitive. Punitive discharges are decided by courts-martial, while administrative discharges can be either voluntary or involuntary, depending on the type and the offence. Here is a breakdown of the types of military discharge:

Administrative Discharges

• Honourable Discharge: Most service members exit with this type of discharge, meaning they did their job diligently and followed the rules. This entitles veterans to benefits such as hiring preference for federal jobs, the GI Bill for education, home loan assistance, VA medical benefits, and retirement pay.
• General Discharge: This usually means something prevented the service member from performing their job adequately or from meeting expected standards of conduct. A general discharge still provides access to most veteran programs, and in some cases, VA medical coverage. However, they cannot reenlist and are not eligible for the GI Bill.
• Other Than Honourable Discharge (OTH): This is generally given when a service member's conduct results in punishment for violating the Uniform Code of Military Justice (UCMJ). Examples include security violations, civilian convictions, assault, abuse of authority, and drug violations. An OTH discharge disqualifies the individual from veteran benefits and reenlistment.

Punitive Discharges

• Bad Conduct Discharge (BCD): This is a punitive discharge that can be imposed as a punishment by a military court-martial for serious offences. It may also be given if someone exhibits a pattern of convictions indicating they are unfit to serve. A BCD results in the loss of military benefits, disqualification from federal employment, and a ban on owning firearms.
• Dishonourable Discharge: This is the most severe type of discharge, often given along with a sentence in military prison. It is given for serious offences such as felony-level crimes and results in the loss of civilian rights, disqualification from federal employment, and a ban on owning firearms.

Other types of discharge include medical discharges, which are given when a service member becomes ill or injured and can no longer perform their duties. Entry-Level Separations (ELS) are given to those who leave within the first 180 days of service for reasons such as medical issues or failure to adapt to military life. ELS discharges do not qualify individuals for veteran status or benefits.

Veteran rights

In the United States, a veteran is defined as "a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable." This definition is per Title 38 of the Code of Federal Regulations.

Veterans have certain rights and protections under the law, including employment protections. Two federal laws prohibit discrimination in employment based on a person's status as a veteran or service member: the Uniformed Services Employment and Reemployment Rights Act of 1994 and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).

Under the Uniformed Services Employment and Reemployment Rights Act, veterans are protected from discrimination based on their prior service, current service, or intent to join the uniformed services. This protection applies regardless of whether the employer is a private employer or a government entity.

Additionally, the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) protects veterans who are employees of federal contractors or subcontractors and meet the definition of a "protected veteran."

Veterans with disabilities are also protected by federal laws such as the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). These laws prohibit employers from discriminating against individuals with disabilities and require employers to make reasonable accommodations for them.

Veterans who feel they have been discriminated against because of their status or for enforcing their rights have the right to file a complaint and participate in an investigation without retaliation.

Frequently asked questions