When you serve in the military, you expect your benefits to be there for you after your service, especially if you’ve put in years of hard work or faced injuries along the way. But a court-martial conviction can significantly impact your VA benefits, depending on your discharge status.
Veterans who receive a dishonorable discharge or a bad conduct discharge from a general court-martial are typically ineligible for most benefits. A bad conduct discharge from a special court-martial is reviewed individually, and in some cases, benefits may still be granted through a “character of discharge determination.”
This blog explains what you need to know about how a court-martial conviction might affect your access to VA benefits—and what you can do about it.
What VA Benefits Could Be on the Line?
First, it helps to understand what’s at stake. The VA offers a wide range of benefits to veterans, including:
- Disability compensation
- VA healthcare
- Education programs like the GI Bill
- VA-backed home loans
- Pension benefits
Your discharge status can impact all of these after a court-martial. In some cases, you may lose access entirely. In others, you may still qualify for limited support.
How Does Your Discharge Status Impact VA Eligibility?
Not all discharges are viewed the same way. The VA looks closely at the type of discharge you received when deciding whether to approve benefits, according to federal law governing bars to benefits (38 C.F.R. §3.12).
If you were given a dishonorable discharge or a bad conduct discharge (BCD) from a general court-martial, the VA will typically consider you ineligible for most benefits. These are often viewed as punitive discharges and can result in the loss of access to disability payments, education assistance, and even VA healthcare.
However, a bad conduct discharge from a special court-martial is a little different. The VA will usually take a closer look at your record to make a final decision. You won’t be automatically disqualified, but you’ll have to go through a process to determine whether you’re still eligible.
Is There Any Way to Still Get Benefits?
Yes, in some situations, you can still apply for VA benefits—even with a negative discharge on your record. The VA allows for something called a “character of discharge determination.” This is where they take a deeper look at your service history and the details of your case to decide if you should qualify.
During this process, the VA might consider:
- How long and how well you served
- The nature of your offense
- Any mental health or personal struggles that may have played a role
For example, if you served honorably for several years but got into trouble near the end of your enlistment, that could weigh in your favor. In some limited cases, you might still be eligible for VA healthcare related to a service-connected injury, even if other benefits are denied.
What Are Your Legal Options After a Conviction?
If you’ve been convicted at a court-martial and received a discharge that blocks your benefits, you’re not out of options. You may be able to appeal the conviction or seek post-trial relief through the military justice system. In other cases, you can apply to have your discharge upgraded.
Two main boards handle this:
- The Discharge Review Board (DRB)
- The Board for Correction of Military Records (BCMR)
These boards review your case and decide whether your discharge should be changed to something more favorable—like general or honorable. If you succeed, your eligibility for VA benefits could be restored.
The process isn’t quick, and it requires strong supporting documents and a clear explanation of why a change is justified. But it’s often worth pursuing, especially if your benefits are the difference between staying afloat and struggling after service.
Why Legal Guidance Matters
Trying to make sense of military discharge rules and VA eligibility requirements can be challenging. The terms are confusing, the rules are complex, and the process can feel stacked against you. That’s why working with an experienced legal team is so important.
At Court Martial Law, we’ve helped many service members facing serious charges, discharges, and the risk of losing their benefits. We understand what’s on the line—not just legally, but personally. Whether you’re facing a court-martial or trying to repair the damage from one, we’re here to walk you through your options and fight for your future.
Talk to Someone Who Understands Military Law
If you’ve been convicted at a court-martial and are unsure about your benefits, don’t wait and hope it works out. You may still have options to protect your healthcare, your income, or your education support—but you have to take the first step.
Contact Court Martial Law today to schedule a confidential consultation. We’ll take the time to listen to your story and help you figure out the best path forward.
People Also Ask
1. What should I do if I’m falsely accused in the military?
If you’re falsely accused in the military, do not try to “clear things up” on your own. Invoke your right to remain silent, request legal counsel immediately, and avoid discussing the case with anyone except your attorney. Quick, strategic action is essential to protect your career and prevent damaging statements from being used against you.
2. Can you be discharged from the military for a false accusation?
Yes. Even if the allegation is false, it can still lead to administrative separation or other career-ending consequences if not challenged effectively. A strong defense, backed by evidence and experienced legal representation, is key to preventing a wrongful discharge.
3. How can you prove your innocence in a military investigation?
Proving your innocence often involves collecting exculpatory evidence, identifying inconsistencies in the accuser’s story, calling credible witnesses, and challenging the legality of how evidence was obtained. A skilled military defense attorney can use these tools to expose weaknesses in the prosecution’s case.
4. Why hire a civilian military defense attorney?
While JAG defense counsel are capable, they often carry heavy caseloads. A civilian military defense attorney can devote more time and resources to your case, coordinate with your JAG, and bring additional strategies to defend your name, rights, and career.