A OTH is the most severe form of administrative discharge. This type of discharge represents a serious departure from the conduct and performance expected of all military members. OTH discharges are typically given to service members convicted by a civilian court in which a sentence of confinement has been adjudged or in which the conduct leading to the conviction brings discredit upon the service. It can also be given as the result of certain civil hearings, like a divorce for adultery. OTH discharges can be accepted in-lieu of court-martial proceedings at the service-member's request. Persons facing OTH are guaranteed, by the Uniform Code of Military Justice, the right to have their discharge heard by an administrative discharge board, which is similar to a court-martial but is not a public forum.
Recipients of OTH discharges are barred from reenlisting into any component of the Armed Forces (including the reserves), and are normally barred from joining the Army National Guard or Air National Guard, except under rare circumstances which require exception-to-policy waivers. As of September 2006, all 50 states had policies barring the reenlistment of UOTHC discharge recipients.
In addition, the majority of veterans' benefits are not available to individuals who receive an other than honorable conditions discharge, including the Montgomery GI Bill and (in most cases) VA healthcare benefits.
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Is an OTH pretty much the same as an Dis-Honorable?
ReplyDeleteNO! Having a OTH is a lesser punitive discharge than an DD. An OTH still leaves with you with limited benefits, but having a DD leaves you with nothing! Having a DD on your record is almost having a felony.
ReplyDeleteWhat benifets are available with an OTH discharge
ReplyDeleteHi I was enlisted in the Navy and recieved a OTH for drug use.. I would like to know is there any help avaliable for many who have served honorably but fell short of the Honorable discharge, to recieve some kind of benefits I feel this is unfair acts of the Armed Forces. I can explain my story if someone can say otherwise...Please help My email mrodriguez0862@yahoo.com .. Much appreciated for reply.....
ReplyDeleteIf you feel that the discharge you received was invalid or unfair, your best bet is to hire a lawer who specializes in overturning bad conduct or OTH discharges. Try googling such lawers and you will find a few that can help you. Because if you dont find a way to fight this, then you are as good as done! You have to become very pro-active in getting this thing overturned!
ReplyDeleteAnd sadly there really isnt any good benefits for anyone who has an OTH other than you can still receive some sort of medical benefits. You have to contact your local VA for that type of information.
Retaining a lawyer probally will start out around 10K --As the saying goes If ya have enough Money you can buy your way out of anything--some political help doen't hurt either. As far as getting ANY Veteran Organization to help with a OTH discharge--GOOD LUCK WITH THAT-- You may have like a 2% chance of getting help from any of them.Hell you could even been Diagnosed with PTSD while in and still get a OTH discharge for misconduct. being messed up maybe living on the streets --who cares--NO ONE--Now if your a Illegal Alien there would be help for you.OTH discharges keeps the VA from PAYING$$$$$$$$ its their OUT!!
ReplyDeleteI too was in the Navy and was discharged with an OTH not much after Desert Storm. I was told I couldnt get my discharge overturned until I had been out for atleast 13 years. This was told to me by the military itself. I now have found out I should have done it earlier. Although it has been almost 20 years since my discharge I have made a better life for myself. I was discharged with OTH due to popping positive for marijuana. Since then I didnt do it anymore and havent since. I dont even drink anymore and havent for 10 years or more. I went back to school and got an associates degree in computer aided design and have worked in civil engineering. I got married and have had two kids. My first son died 8 years ago and I have a 6 year old now. I would really like to get my discharge changed to General under Honorable but I keep on hearing I have a snowballs chance in hell getting it changed. I have although since my discharge have been having breathing problems and I think it is from all the crude oil smoke I inhaled for almost 75 days in the Persion Gulf during the war. I lost my job 7 months ago and barely making it so I really cant afford an attorney but would really like to get the discharge changed for my son. He means alot to me and I am embarrased with my discharge and really would like to tell him I got it changed some day. I still lie to family and friends and tell them I just got out early. I have had to live with this for almost 20 years and I want it changed. Anyone have any suggestions on what I can do.
ReplyDeleteYou do not have to be ashamed. I too was OTH in 86 and although I could never get it changed after spending alot of money I decided to just let that go. Ive raised my Kids, have a Masters and a Doctorate , fish n hunt like everyone else. There is life after a OTH. Peace to you.
DeleteI am applying for medical school. I got an OTH for unauthorized absence multiple times. I was upset because I wanted to be a corpsman. But my recruiter had other plans for me. I went into the Navy 'Undesignated." I did not have a job in the Navy. My DD214 says that I was infantry and gun crews. I just laughed to myself when I saw it. I never held a gun in the Navy. I was in deck dept cleaning, and just doing misc and odd jobs. I graduate from college with a B.S. in biology. If I am rejected from medical school because of the OTH, then I will go to graduate school and get my PhD in virology. I learned Chinese in college just in case I have to leave the country to make a decent living. But I have met a few folks here in Washington D.C. that have been very helpful. I feel that I will be okay and that I could make a good living here in the U.S.. Look, I just wanted to be a doctor. I thought the Navy would help me gain experience in the medical field, but the truth is..I should have just went to college in the first place. anyhow, I will carry on smartly.
DeletePlease take a look in the 2009 Archive of this blog, you will find links to forms that you can fill out and have faxed to start the process for overturning your OTH. Hope this helps.
ReplyDeleteI recieved an OTH back in '96. The Navy was going to give me a medical discharge but my Air Force command didn't like it and decided to court martial me for recieveing married pay after I was divorced (found out about the mistake and was paying it back at the time). Court martial discharge trumps all other discharges. Decidied to take the OTH. I am currently recieveing disability pay, the va paid for my school (Chapter 13, voc rehab) and I get medical benefits free of charge for conditions other than disability. I've also read the DSS files regarding security clearances and it is possible. It seems, I may be wrong, that you can be discharged OTH under dishonorable or non-dishonorable conditions. The VA had to verify my non-dishonorable condition before the voc rehab.
ReplyDeleteHi currently my unit sent the packet for my OTH discharge. I am in the Army reserves and don't know any information as to what happened afterwards. I didn't get the OTH for anything criminal, but I was depressed and suicidal during that period and thus failed to show up to drill.
ReplyDeleteSo I was just wondering what happens to reserves like me who is about to receive the OTH and was not involved in any criminal activities. Thanks.
Nothing.... You were in the reserves and not considered "active" duty. When you go up for a job interview for a possible career, the employer is going to ask about your "active" duty service... They could care less about your "reserve" duty...
ReplyDeleteSimply put, leave the reserve issues in the past, they cant effect your future unless you bring it up during and interview.
what about a government job
DeleteHi I am in the national guard and I am due to receive an OTH discharge because I didn't attend drill for like 2 months after my husband died! I really don't think this is fair because my husband was in the military too! We were in the same unit and it was emotionally hard for me to attend drill seeing all his friends and all the people we knew! I told them this, however, they did not care and are trying to give me an OTH discharge! I even tried to come to drill like probably a month later and I cried the whole time I was there! Is there anything I can do?....Is this even fair?
ReplyDeleteNow thats just simply sad! Not only does this upsets me, it also just makes me sick to my stomach!... Listen, immediatly go and fine a military lawyer within the National Guard and get them involved. Also notifiy your chain of command of your actions... This will do two things; it will first get your prepared to understand your rights after a tramatic incident such as your husband passing away, and they will probably file a motion to get your pending discharge overturned due to your current hardship situation. Second; Trust me, when you inform your chain of command that you are seeking counsel from your military lawyer, they will do one of two things, they will either get pissed and tell you that you cant do that (and yes you can! they can go to hell if they say this too you!), OR they will become VERY helpful and understanding, because they know that this is a bad time for you and instead of supporting you, they are trying to get you kicked out. Trust me my friend you have options... Try seeking counsel from a military lawyer and keep me posted....
ReplyDeleteI read all who post, and I wouldn't to thank you (Critic101) for helping these people or at least pointing them in the right direction. You're a blessing. Take Care.
ReplyDelete-Latisha Torres
Thank you Latisha, I really appreciate the support from you as well as the others who have sent me good wishes and thanks...
ReplyDeleteI have a friend who is getting a other than honorable discharge for petty offenses (drinking in iraq, 1 previous company grade art. 15, and a dui that was dropped in court) They never sent him to asap after his previous offenses and are fast tracking the hell out of him. His last meeting with behavioral health was today and they made him do it over the phone. In thier conversation he was told that he cannot opt for a court martial because he hasnt been in for 6 years. They pretty much told him he was screwed and he would be back in the states on out of the army in 10 days. Anybody know anything he might be able to do? A attorney is probably gonna be to expensive
ReplyDeleteI have a friend who is getting discharged for petty offenses (drinking in iraq, a previous company grade art. 15, and a dui that was dropped in court). They never sent him to asap after his past offenses. Today they had Him talk to a defense attorney on the commanders phone that they contacted first. He told him that he could not opt for a court martial because he had not been in for 6 years. Then the commander told him he was going to be back in the states and discharged within 10 days. Does anybody know what he can do. I have a feeling they are fast tracking the hell out of this so he wont have time to fight it.
ReplyDeleteim a army reservist who has never been to drill since feb 2009 can i reenlist for active duty
ReplyDeleteOoooh, thats a tough one because you already have a Dishonorable Discharge from the reserves, but the Army has been known to be pretty easy lately due to the war on terror. You just might have a chance, call your local Army recruiter to check your options.
ReplyDeleteI am in the national gaurd and just recently been discharged oth for a drug offense. i served in the marine corps back in 99-03 and recieved an honorable discharge. i enlisted in the gaurd in 07 and was mobilized for a tour in iraq. i also recieved an honorable disharge for my active service. but since i was demobilized is when i recieved the oth. which dischare takes into effect of my military service???
ReplyDeleteI am a Marine Corp Reservist currently pending an OTH discharge due to missing drills for the last year. I havent been to drill since April 2009 and my unit has since sent my OTH discharge packet to be finalized by Head Quarters Marine Corp in Quantico, VA to be processed. My question is this, my unit will be actived for active duty on Oct 1, 2010 and im still on the current roster as of right now. Will the Marine Corp deploy me even though i am in the process of receiving an OTH? Thanks.
ReplyDeleteDid they deploy you
DeleteI would like to start out by sincerely thanking you critic 101 for your time. I am 19 I am 19 years old and I am currently awaiting an OTH because one slip up with coccaine. Both my mother and father died of substance abuse and I am now determined not to follow in there path. I have 2,000 dollars to my name and I am completely on my own. I want to change and do the best I possibly can in life as a civilian. Is it possible to get fafsa college tuition aid with an OTH? Are there any support groups that could help a financially troubled individual straighten out? Do insurance companies have record of an OTH? Thank you for your time! Any advicr at this point is GREATLY appreciated.
ReplyDeleteHi I went awol while I was in the Navy, I was gone for about a year and half. The reason I went awol was because I became pregnant and I was assigned to a ship at the time. I really wanted to keep my child but I could not stomach the fact that I would be away from child once I gave birth because of Sea Duty. To make a long story short I received an OTH I wanted to know if I can be pointed in some sort of direction so can I reenlist into the military. I know what I did was very foolish and I'm a lot wiser and more mature now.I want a 2nd chance to serve my country.
ReplyDeleteYes! My husband has an oth. Unless you were convicted of actually dealing drugs you can apply for federal aid via fafsa. By the way his oth had nothing to do with drugs and everything to do with the machismo of his commanding officers :( I'm sorry, I'm educated and I very much dislike the Navy for how they treated my husband, he still wants to serve our country.
ReplyDeletei got a oth discharge from the marine corps and now i am trying to use my fathers DEA va benefits to go to school the va sent me paperwork saying i had to summarize the events that led to my discharge and they will make a decision based on that to see if i can use the benefits has anyone gone through this before or have any information on this topic thankyou
ReplyDeletehello My Son recently returned from Afghanistan. He has been in the Marines since his Senior year of High School he served 1 year in the DEP then he Went to PI when he graduated. During his post deployment leave he made a foolish mistake and smoked pot. His urine showed this when he returned to Hawaii. They are fast tracking him out on an OTH discharge. What can I do to help him. He feels he made a mistake but was not thinking clearly. He has nothing else on his record. I think he should be punished but I am very upset that they are saying he was other then honorable for smoking a joint right after getting back from deploying. I am not excusing him but I have to think the things that went on really impacted him. He feels very let down right now and feels he is being tossed to the side by the very institution he dreamed of being part of. He too knows he made a poor choice but feels they should take the circumstances into consideration. Any help appreciated.
ReplyDeleteRegretfully, there isnt nothing he can do right now. However, he needs to immediately start thinkking about doinging something thats going to help create a moral value... Meaning, make sure that he starts going to a community college and also volunteer at a big brother and sister clubs showing mentoringship qualities. That way, if a future employer sees the negative discharge, he will also see that your son is a college student or graduate, AND he is showing a great deal of maturity for helping with the big brothers and sister clubs (or any voluneering organization with children).
ReplyDeleteTell him to be strong and keep his head up. He may have made a mistake with the Armed Forces, however its not the end of the world. He can bounce back, but its completely up to him.
Just wanted to remind all those that have recieved their OTH due to drug abuse, your military career is completely over and there is no going back. I myself recieved this type of discharge and believe me it hurts like hell, but you cannot drop your pack, you gotta keep on trekkin. If you take anything from the marines you take the concept of never giving up without a fight, turn it around...i work two jobs and go to school to be an emergency room nurse. Your life is up to you, but you must turn away from the military that part of your life is over forever.
ReplyDeletetim,
Deletemy son got oth for drug abuse of a substance called flawless that millitary called, spice. He is gonna apply for nursing school. Will Nursing school accept him with that discharge?. does he have to mention the military at all?. Can they deny him a liscense?.
We are trying to fight it, because he was instructed about the order after the incident with his unit and also that was 1 day before the NJP was given. And Flawless is not mentioned in the order in name or alias name. Her direct superiors a GSgt. other 1 other superior stated and wrote letters stating, they did not even know about the order until after his incident and they were not briefed on it post deployment. Also the order came out while he was deployed. and the incident happened within 1 week after he came back from deployment. Even if they mentioned the order, he probably would not have known that it was illegal, cause the name of the stuff was not in order.
There is more, but it would take to long. I just really need to know what did you say when you applied to nursing school.?
He will be fine for nursing school. Don't mention the military at all. I worked for the federal govern as a contractor armed security 2 months after my OTH discharge in 2002. I am applying to medical school this fall. I will most likely not mention the military as I usually don't. But it does weigh heavy on my heart that to thrive in my own country and to get a job, i have to lie to survive. I mean, I didnt commit a crime in my case.
Deletei myself recieved an OTH four years back for drug use . it hurt like hell at first but as they say time heals most wounds. i have since went to trade school and started an apprencship with a union. although i still regret my actions to this day i have been able to turn my life around. to thoses of you who have recently recived an OTH keep your heads up . life goes on.
ReplyDeleteI just received an OTH for the illegal use of drugs. I had 6 years in the Marines, no prior infractions, and three deployments to Iraq. I also had received a 60,000 dollar re-enlistment bonus which I am now paying back. I am sitting reminiscing on what went wrong. Never did any drugs prior to the military....Oh yeah I married a freakin whore who decided to screw a middle easterner while I was in Iraq! I'm not racist, I just thought it was ironic. So with that said I've started the process to overturning my VA benifits and my discharge. I refuse to let one mistake drag me down. Keep your heads up it could always be worse!
ReplyDeleteYou know, after I try to help my son get upgraded. I think I'm going to try to go to congress with the idea that for those that serve, should not be punished for life for items that may have happened one time. and if they were for minor incidences and did not hurt anyone. I mean to destroy someones life after they volunteer and serve is wrong.
DeleteIt seems to me that the Military in this economic times, recruit young adults and hand them promises of travel, money for school, money for living, honor in their name. Instruct on orders. Then deploy them ASAP, then reduce their ranks for nonsense, reduce their pay and still make them work but for less. When they return catch them on more crazy items. and even if they come foward with stuff for guidance and honesty, They punish them, make them continue to work with again less pay..Ask for the money back that they gave. Give them awful discharges, so they can't get benefits like unemployment that the Military would have to pay into. Like burial, life insurance. They take back the items they made you buy in boot camp. And last take your GI Bill. So essentially, you worked for free like a slave. And destroy your future for life.
What nerve the united states has to be apart of that type. It is purposefully done to get as much as they can and give little back. How many really get out with honorable and how many get to the point to retire.
They put y'all into sleep deprivation, giving you medications when deployed, (some of which have a 4 month maximum to take, like doxy for malaria) that you may get reactions to. Scare you into talking about disrespectful ways your superiors may act, then write you up if you are subordinate.
There is an article where a Gen. conway speaks about the need to slash 30,000 marines. How do you think they are doing it. And those giving the Discharges are directed to do it by any means necessary. So that their jobs and those they like are preserved.
So, they destroy young lives of those that volunteered for our country. and treat them as enemies of the state.
It's a disgrace and I hope I will be able to help one day. But, in my opinion all discharged for stupidity should find a way and band together like through face book or twitter or whatever. and Rally to let the truth come out. Meet on a specific time and and in few different states to tell your story and invite the politians to hear it. with public tv newspapers and etc.
The shame is not on the ones who served and received bad discharges. It's on the one's that you served for. they need to find a different way to save money while getting volunteers to serve and put their lives on the line. Instead of Discharging them and leaving them in a worse place then when they went in.
Finally, I've noticed that some Military on blogs write about the same people that served with them as if some are dirt cause some get discharged. Well I thought they were to consider all that serve,family. If that is how they treat family and then turn their backs on their family, I would be scared to even know them. Let anyone who has not sinned, throw the first stone, Ya know.
Well, I wish all who served good luck and those that are thinking about it, better think twice. Cause joining during these years seems to be like a lottery, will you get the prize at the end or will you end up loosing money and time.
Wow. I feel similar. I want to join a class action lawsuit or policy hearing of some sort. How do you get something like that started? I live in Washington D.C. I want to legally fight back for myself and others. I got an OTH for going UA multiple time. I was upset that my recruiter lied abt my contract. I wanted out. I didnt realize that an OTH is like living with a felony. I mean Gees, I didnt want to be there anymore cleaning and doing nothing on the ship. I was suppose to be a Corpsman. Anyway, I am trying to fulfill my goals with an OTH. I hope I get into medical school this fall.
DeleteVic, spot on and I hope you make it to congress.
DeleteAnonymous, I feel your pain.
I spent an enlistment as a Marine infantrymen. Meritoriously and without incident. I reenlisted and lat moved to EOD. Graduated honor grad, commendatory fitrep, life was good. Got a bonus, got stationed back in good old jville.
Few months down the road: life happened. Getting ready to deploy to Afghanistan. Family
Got sick, older brother on first pump to afghan, sister needed a loan. Between all that rising casualties of -1 and stress related to that and upcoming -2, I fell apart.
A lot of details excluded, I popped with 45ng/ml and accepted NJP.
To whomever said couldn't get courtmartial because lacked time in service is preposterous. People accept NJP to avoid courtmartial. Whoever "your friend" is should have refused NJP if they wanted to go to federal court (courtmartial). If there is one there that you always have, is the right to trial by courtmartial.
That said, six years IS required for the right to an adsep board, unless you are being separated with OTH, in which case you also have right to board, regardless time in service.
Now, that said. What might have been talking about was adsep board.
Here I am, I did not want to go to courtmartial. I was guilty, I fucked up. I didnt not want a federal court conviction. Had I lost, which I would, I would have had to have been given a BCD. That wouldn't be devastating.
So I was NJP all the way.. But I also wanted the board, that I had a right to. Whether it was 6 years or not, because of OTH, I had right. However it is completely in their right, apparently, to leverage that in accepting NJP in lieu of courtmartial. I was forced to waive my adsep board hearing in order to avoid courtmartial. Also prosecution refused summary coirtmartial, only special.
Did I make right choice? I don't know.
Fortunately, on my last day as a marine, I tought some boot how to properly I'll out a dd214, his job, and I made him enter a section 18 comment "continuous honorable service" for my first enlistment.
So now at least I have a some credit for my first enlistment. But they kick you out and stigmatize you with an undesirable characterization which makes unemployment unavailable and employment hard to come by:
Meanwhile, pay back 36000 dollars at 988 a month for 36 months. No, they wouldn't accommodate and different payment plan. They said they are giving me a very good interest rate.
I don't have a job... And pay 988 a month. Well, fuck me.
What's most painful was, like Vic said.
I can no longer be buried in a national cemetery or receive any honors.
I was forced to give up uniforms I definitely pay for. Sorry 500 a year allowance didnt cover that, I did. But sure have them, so I may have final pay.
Dont pay for the 90 days of leave accrued, just take
Them sure.
Ahh. This all is frustrating. If
It's currently happening to any of you I'm sorry. It's tough to see how quick the military will turn their back on their people.
I should say personnel; people would mean you are fallable.
There's always the NDRB.
Go to boards.law.af.mil and look at
Archives
If you don't mind me asking was that 36,000 payment on your credit?
Deletecan someone with an oth still buy a hand gun
ReplyDeleteyes you can.
Deleteonly a dishonorable discharge will keep you from buying a gun.
DeleteQuestion.. I'm getting oth in the reserves for pt . Do I have to pay back my enlistment bonus?
ReplyDeleteYes... If you didnt honor the conditions of your bonus, you very well may have to pay it back.
ReplyDeleteI am getting a OTH I am active duty but it was for medical reasons and they told me it would change to honorable after six months is this true
ReplyDeleteIf you haven't received a response to this question yet I can answer by unfortunately saying no. There isn't any automatic upgrade to an OTH discharge. This myth started because back in 1972 the military discharged a large number of service members due to erroneous drug tests. But this has since come and gone close to 40 years ago. I had an OTH back in 1995 and it's still an OTH. Sorry the news isn't better.
Deletecritic101 thanks for responding to all these posts ive read them all!
ReplyDeleteI have a weird situation in my case, the air guard tried pushing for seperation due to a civilian situation that happened with my families business's. I was no where involved and it was proven in court that my family is even innocent, but they filed for seperation anyways in my case, and its had a damper on my entire military career so far, even on my own personal morale, ive never committed a real crime, i dont lie steal or hurt people, im actually just a 20yr old student in college, but i smoked pot, literally because ive been upset with all this stuff happening...i failed a drug test, was suspended for 6 months from returning, and the month i returned i was given another random drug test, i havn't heard if i failed yet but im 100% positive i will, i was already facing discharge before the drug test and will for sure after a 2nd failed drug test in a few months, i really am just wondering if anyone could give me advice on what is going to happen and what kind of benefits will i still have if any? and will i have to pay back all my g.i. bill for schooling ive collected?
I have an OTH and I am applying for medical school. There is life after OTH. But I learned to work together with other OTH folks or just folks who want to help. We send scouts to test and assess hiring agencies. I have been testing various agencies ie Fire EMS and Police to see how they react to OTH and drug use. Unfortunately, I do have an OTH but I never did drugs. But I do not want to be a police officer either. So I volunteered to test the police dept. I applied at Baltimore Police recently, and Prince george's police a few years back. BP first use psychology and empty threat while mentioning the polygraph to get you to spill ur guts. But other than the OTH, they have no way of knowing drug use. The polygraph works well with those with a guilty conscious. They will ask for an explaination and will confer with other agencies in the region to see if you applied. They will take that data which makes their job easier. They don't take drug use mostly. They will not accept OTH unless for lesser offenses. However, they dont tell u why you were disqualified. They know that people scout. So I am left with these conclusion about BP. They have a Lt. that make the final decision. PG County Police will take OTH but depends on why as well. P.G. Police's methodology is less obvious. But in the end, I was not disqualified for drug nor OTH, it was my credit. I scouted Fairfax County Fire for a friend who had just got out with an OTH for drugs. They are more accepting of weed, but anything harder than that is for the most part disqualified. Even if u meet their stated criteria (no drug use for 2 years/ will review OTH) So I literally wrote down on the application that I had and OTH <--true, but I added drugs indicating that I used them over 2 years ago. I was testing the true nature of their drug policy. When these kinds of employers write 2 years or more, its just a trick to get you to admit. They told me that the OTH did not disqulify me, it was the drugs. So my shipmate applied to fairfax fire a week later and indicated no drugs at all but admitted to the OTH. The individual got in! There was a polygraph, but that just requires mental exercises to pass. The first few questions (the control questions) is where you focus on not believing yourself. But personally, i think it was just luck that they passed. So here is a warning, do not scout out an agency if you think you might be interested in the agency in the future. Although my friend is in the fire dept, I will never be able to apply with them again. But, it has come to this my fellow veterans. Using military tactics to get our fellow veterans employed in the great United States of America. This is sad, but damn folks need to eat and provide. By the way, anyone with a science degree, an OTH and a great MCAT score want to scout a few medical school for me. lol. No one raise their hand all at one time please.
DeleteI'm 19 in the marine corp and getting oth on account of a cocaine pop. Right now I'm standing by to receive my board to fight it. So any information on what I could say or do at this point to stay in would be greatly appreciated.
ReplyDeleteget a lawyer and get clean. Never use drugs of any kind. Try to stay in and get your Honorable if possible.
ReplyDeleteGod Bless...
HI,
ReplyDeleteI'm currently facing an OTH for Larceny. The person who actually stole the items in question is now out of the Navy and won't be called into question unless a US Attorney pursues the matter (fat chance according to my lawyer). My question is would it still be considered a felony as it holds a maximum jail time of up to or over a year? My dream was to become a US Marshal and now no matter what that is out the window. I've decided to instead finish my Criminal Justice degree and go to law school to try and make sure no one has to go through my situation. If I take a plea deal with an OTH, would I be spinning my wheels trying to go to law school?
Getting an oth discharge and waiting on board to fight it. How long do I have to wait before going to board? Received oth May 9, 2011 and now it is June 17, 2011. I am still on active duty in marine corp.
ReplyDeleteMy son had a summary court martial and is awaiting to see if he is going to get a oth discharge which the sgt major pretty much told him he would. My son has ptsd and was suppose to get oput on july 16th but he will probably get out before. The day after the incident he went to speak to the sgt major. the sgt asked him if he was suicidal and my son said yes. The man did nothing for him nothing. If anything would have happened to my son or if anything happens to my son I am holding him responsible. My son has an excellent service record and he was snowballed because of this incident. They nailed him to the cross but yet a few weeks before this incident he saved a soldiers life. lways faithful my ass. What is the matter with these people is there no respect and honor. My son is no angel but did not desreve the court martial and the marine corp know it. I will continue fighting for his honor
ReplyDeleteHey, its vic. I feel your pain. I keep trying to keep my childs head up. But this so hard. As i said before, usa needed to reduce military spending (2010). This is how it is being done. Its cheaper to train our young then to keep them and pay them correctly. But, I think its a disgrace because there is this need to reduce spending America is allowing Miliatry to destroy lives of future leaders so that a few chosen can save there jobs. USA was asking for generals and commanders to retire early. This was the answer they gave. We will discharge these kids and save our butts. They can care less about what it does for our children. Just google reducing military, 2010. Then google how discharges have increased in military. Why doesn't the USA, just ask if anyone wants to leave the Military without punishment, I'm sure people would step up. And thoses that want to stay will. But to ruin lives of those that volunteer to protect our country is sad. America say's protect our children but what happens to the protection after they join our Military. Never thought I had to protect my child from my own country. I'm so disxusete
DeleteUmm..1/3 of the military would leave if someone asked who wants to leave. There is SO much that goes on in the military; too much for a young mind to understand. I was 19, 20, 21,22 years old when I was in the Navy in 1999-2002. Only now, do I sit back as a parent and think, Jesus Christ I was so vulnerable and mishandled. I did commit unauthorized absence. But I was pissed that I did not get the A school I was promised on my contract. Or i should say my recruiter never put it on my contract. I didnt know the difference between Seaman apprenticeship and an A school. I went in a suffered a lot to get out. I am so sorry about ur son. We got to band together an get some policies to protect people like me and ur sons. By the way, I have been a volunteer EMT for 7 years. I save American lives every day I work. That has to count more than 2.5 years in the Navy.
DeleteI have a feeling I am facing an OTH discharge, if not worse. I was caught in possession of drugs in a random dorm room inspection, and admitted to opium use. I have lost my security clearance and have been moved to a mundane job temporarily while I wait for the dust to settle. Is there anything I can do to remain in the military? I pleaded, practically begged to my first sergeant to let me stay in the military, and that I would do anything to do so. Should I consider hiring a defense attorney? I was told I can use the ADC (air defense council) when I am officially charged. Any info is appreciated...
ReplyDeletehi,
ReplyDeletei have a friend who had a dui while underage last year october. he lost rank and pay also put on restriction and license suspended. now a few weeks ago he got another dui (now 21) and now is about to be separated from the marines. i was reading and reading and other marines have told me that he will most likely get an OTH, is this true? also will he be able to collect unemployment? he has no friends or family to turn to and nowhere to go once out due to he is from another state. he might even have to file for bankruptcy. im trying to get as much information and help him out as much as possible. please let me know thanks.
How long does it take for a oth to go thru before ur out n wont get paid
ReplyDeleteI need help! i was active for 6 years. was honorably discharged 2 times. went to afghanistan and seen my fair share of the ugly! i came back and was going through a med board for ptsd and some other physical issues. i was 11 months through a med board ready to be retired. i was looking at a 70% rating. then a month before i was out i pissed hot for marijauana and had a verbal outburst tward my chain of command. i said some ugly things but all i did was say them. never put my hands on anyone or nothing. they had me thrown in jail for a month then came at me with a bullshitt list of charges for a court marshall. so i was offered a OTH not fully understanding what it meant. with a week to ets i called my congressman and tried to get his help. he tried but got no results. ive been out since july and the va wont even see me in the er unless im bleeding out. nnow im fighting with the va to try and get some heath care. they were all combat related injuries how can the kick me out with nothing when they were ready to retire me because my conditions were that bad? im stuck for ideas. can anyone help?
ReplyDeletethe navy is very unfair in its discharges im stationed in san diego and awating a oth discharge for cocaine my friend who on the same boat is getting a general for prescription drug abuse i dont understand because according to the navy we both should get oth wtf
ReplyDeleteA guy on my ship was given a general after being accused of rape. They transfered the victim. He was left on board the ship to finish his term. Another sailor was caught committing adultery (consentual sex) and was discharge with an OTH. My friend was force out of the Navy for not being physically fit-->she had a LIGHT duty FILE from a doctor!!! I mean, I could go on. Some say, u dont know the details of each case, yea..well, I know my own case, and I was screwed from the moment I walked into the recruiter's office.
Deletemy best friends husband got an OTH for getting sent to jail for hitting her. he has been trying to get it overturned for awhile now. does he have any chance getting this overturned? is he wasting his time?
ReplyDeleteHi, My son belongs to a reserve unit. He has missed 13 drills this last yr. 3 should have been excused due to dental work. There was also bad communication about drills ect. from his higher up. Im not making excuses for him, but he has since rec. seperation papers with OTH discharge. He has no criminal offenses, the Sargeant wanted to let him make drill up, but the commanding officer refused. He did not want to tell us so he just stashed the papers, it said he had 20 days to sign and return, however he didnt do that, I dont think he realized really what he should have done or had the right to do. The paperwork said he had 20 days to respond, He rec. the paperwork Feb. 14. Im assuming its too late to do anything, is it worth him calling his commanding officer at this point, I dont think the CO. even knew that he missed the one drill due to dental work. He is very upset about this, I just feel that maybe they could have warned him about his absences and what the penalty would be before they just seperate him with an oth. Im feeling soo frustrated and bad that its consuming me. He is a great guy, and Marine. Is it worth getting an attorney or can he even do that since he didnt return the paperwork within 20 days. I feel for anyone in this situation. I wish the best to all.
ReplyDeleteI know a guy that went AWOL for over a year, was on drugs and the Army found him took him back and gave him a Other than Honorable discharge. He is now drawing over $3000 a month for PTSD. I can't believe the VA would actually do this. Does this sound true or is lying about drawing $3000 a month?
ReplyDeleteHe could possibly qualify for some disability if the disability wasn't related to the reason he got the OTH and if the VA determined the OTH wasn't for dishonorable reasons. The amount of the payment could be a question though. I would doubt very much if he would get 3K per month as disability would be a % of what you were paid when you were on active duty. $3000 would indicate the person would have had to have been fairly high in rank for a partial payment to be that much. Also and most importantly. If someone went Awol for over a year they would more than likely be charged with being a deserter not AWOL. Once he was AWOL for longer than a month he would become a Deserter, which would more than likely warrant a Dishonorable Discharge.
DeleteHe was a SGT. He had served 3 years and had been to Iraq. He re-enlisted and that is when he "deserted" the Army. He was gone for over a year and was into drugs bad. I would have thought he should get a Dishonorable Discharge but he didn't. He also said the VA approved him to buy a $160K house. If the VA is doing all of this for him I am truly dissapointed in them. I am all for disability if you deserve it but not people that take advantage, etc.
DeleteI dont want a dime from the Navy. I dont want VA nor Un Emply. I just want them to get this OTH off my back. Just burn my entire file!
DeleteI am disgusted too... My 20yo son has been in since 1 month after his 18 birthday. He served in Afghanistan..returned home.. I didn't see him until about after 2 months of his return.. he was home for Christmas.. I felt like there was SOMETHING but he reassured me he was ok.. he had to go thru a PTSD training..profile screening..yadda yadda..he is in Washington State his home is in Florida.. so it's very difficult to know what is going on.. anyway... After returning to WA. Following the holidays.. he met a girl.. got married.. and one day just stopped reporting.. he would get up his wife said and put on uniform and leave..so she had no idea.. fast forward.. he was out for over 60 days...turned himself in..popped positive for pot....and admitted he had sold some of his military issued stuff.. he is now facing courts martial...with dishonorable discharge.. HE IS 20!!! Yes he is an adult..but I feel the ARMY owes him more than that.. he messed up.. at 20..he feels he is ruined. He was ready to separate.. but now...he will have equivalent of a FELONY ON HIS BACKGROUND FOREVER...as far as I'm concerned.. keep all the benefits at this point... But give him a GENERAL..NOT A DD... if he had done this as a civillian.. he would get a slap on the wrist and could exspounge it later..but he served honorably up until that point..and it's all gone.. he wants to be a nurse...but now...poof..it's over because of a FEW poor decisions made post deployment. Thanks!!
ReplyDeleteI to received an O.T.H.discharge,why?because I was A.W.O.L.I was a seventeen yr old,kid when I joined ,what I thought was going to be the start of my new life as a proud young United States of America United States Marine,oh yeah!My third week in boot camp,(MCRD SAN DIEGO CA)my drill Instructor(SSGT CLARK,PLT 1011,FEB,1979)took me into his duty hut by myself,during the evening during mail call,told me to stand against the wall in his duty hut at attention,which I did,then he chocked me with his right hand until I almost passed out,then he kneed me in my balls twice,I lost my breath and fell to the floor in agony and severe pain!my balls were the size ofmelons for 3 weeks and he would everyday act like he was going to kick me in my balls ,always!this man put a fear in me that I will never forget,and Im lucky I was still able to continue on.they put me from my original plt to another plt,same company,different plt no longer 1011,now it was 1009,and all the drill Instructors looked at me as a major fuck up and until my graduation day,Ssgt Clarke threatened to kick my ass so bad ,that I was a proven piece of shit in the Corps?Now Im proud I handled it the way I did,otherwise I might have been In prison today as a first degree felon.So I will take a stupid piece of paper saying Im a O.T.H. loser,rather than a first degree felon,know what I mean?I made a good choice for my life by going A.W.O.L.,,SURE DID!
ReplyDeleteI got an OTH from the Army for pissing hot multiple times, on my DD214 it says "Under Other Than Honorable Condiditons - Misconduct" Any job application since then I just say I was never in the military. I'm a full time college student getting federal financial aid and have never been questioned about my discharge. Nobody cares, just don't bring it up.
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