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Military Law

Military Law Questions, Answered

Should I hire an attorney to handle veterans benefits for a medical condition and discharge for other than honorable conditions?

An administrative separation for mental health reasons usually results in an honorable discharge with qualifying veterans benefits. The discharge can take a while and will sometimes require that you undergo a medical review board and receive an exit physical to determine your level of disability, if any. But an administrative discharge for “other than honorable” conditions, or “OTH” as you stated it, is very different. This level of discharge requires proof that you committed some sort of misconduct. Furthermore, if the Navy desires to have your discharge characterized as OTH, you have the right to a board of inquiry of at least three officers who will hear evidence against you and determine whether there is any basis for your discharge.

Can the military keep me from enlisting for mental illness?

Yes, they can legally do this. Each military service (Army, Navy, Air force, Marine Corps, and Coast Guard) sets their own enlistment qualifications and its own minimum medical and mental health standards for enlistment.

Can the military kick me and my kids out of base housing while my husband is deployed?

Without knowing the facts, on an Army base, the post commander has authority to revoke base housing for reasonable cause, which can include reasons involving nuisance, physical violence toward others, or repeated violations of the base housing rules.

A revocation of base housing privileges can happen with due notice but is customarily subject to an appeal. In an appeal, you can sometimes get a probation period to demonstrate that you are capable to remaining in housing without any other problems. On the other hand, if you have had any other problems during your stay in base housing, probation may not be available. There is no exception that we are aware of preventing the revocation of housing because your husband (sponsor) is deployed.