What is the Impact of a Dishonorable Discharge?
- If the military member is discharged dishonorably, he loses his Veterans Administration (VA) educational benefits, housing loans, medical and funeral benefits and other military benefits. The serviceman also loses his veteran status. If the serviceman, however, served previously and earned an honorable discharge, VA benefits may accrue under the original honorable discharge.
- Generally, a person with a dishonorable discharge is precluded from working for the federal government. This is especially the case when the job requires security clearance. The Smith Amendment to the 2001 Defense Authorization Act amended Chapter 49 of Title 10 of the United States Code to bar the granting or renewal of a security clearance by the Department of Defense if an individual was discharged dishonorably from the armed forces. The secretary of defense and the secretary of the relevant military branch may authorize exceptions in meritorious cases.
- A dishonorable discharge, and the underlying felony, may disqualify a person from state employment. If a soldier has a dishonorable discharge based on embezzlement, she would probably be disqualified from working for a state fiscal agency. The dishonorable discharge may be a disqualifying factor regardless of the underlying felony; for example, a dishonorable discharge specifically disqualifies a person from working as a police officer in New York City. Some states will disqualify a candidate from employment not because of the type of discharge but because of the underlying felony.
- The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm. A person who is convicted of a crime that is punishable by imprisonment for more than one year is prohibited from possessing a firearm. Under 18 U.S.C. 922(g), a felon who is found guilty of gun possession may serve up to 10 years in prison.
- Each decides whether to restore voting rights to a convicted felon. Many states analyze the underlying crime to determine whether the individual discharged from the military dishonorably is eligible to have his voting rights restored. Maine and Vermont allow felons to vote, even from prison.
- A dishonorable discharge will not prevent an otherwise qualified candidate from seeking civilian employment or applying for credit or college. On the other hand, the U.S. Constitution does not recognize the category of "felons" or "dishonorably discharged" individuals as a protected class. This means that a bank or company may legally discriminate against someone on the basis of the individual's dishonorable discharge.