“PROSE”: “the ordinary language people use in speaking or writing.” – Merriam Webster
By far more than anyone else, United States Marines and their supporters have reacted to and commented on this solemn, snow-shrouded image that I posted on Facebook mere hours ago. It’s an anecdotal truth for this author that those in and around the USMC are quick, respectful, and openly compassionate when it comes to honoring the noble dead. Collectively, the kind of fight that our Marines take to America’s enemies is a lot different than that we ask of our airmen. So, WTF? The VA has effectively decided that Marines are more than five times more “Dishonorable” than Airmen.
Here’s an excerpt from the following March 2016 report as accessed online 21 December 2018:
Swords to Plowshares, in conjunction with National Veterans Legal Services Program and the Veterans Legal Clinic at the Legal Services Center of Harvard Law School have published Underserved: How the VA Wrongfully Excludes Veterans with Bad Paper.
Complete report available at:
Not all who have served are “veterans” in the eyes of the Department of Veterans Affairs. If the veteran has less than a General discharge, the VA creates obstacles to getting health care, benefits, homeless resources and other services. Most of these veterans are simply turned away. Congress never meant for eligibility to be so exclusive, it intended that only veterans who served dishonorably be denied access. The VA’s own discretionary policies unnecessarily deny hundreds of thousands veterans benefits, who are often those most in need of the VA’s support. These former service members are more likely to have mental health disabilities and twice as likely to commit suicide. They are more likely to be homeless and to be involved with the criminal justice system.
KEY FINDINGS FROM THE REPORT
- Marines are nearly ten times more likely to be excluded from VA services than their counterparts in the Air Force
- Current era service members are excluded at higher rates than other eras– more than twice the rate for Vietnam Era veterans and nearly four times the rate for World War II Era veterans
- Mental health and combat have little effect on eligibility
- 3 out of 4 veterans with bad-paper discharges who served in combat and who have Post-Traumatic Stress Disorder are denied eligibility by the Board of Veterans’ Appeals
. . .
(Excerpted from p. 12 and following)
VA Regulations Result in Unequal Exclusion Rates Between Branches
The historically unprecedented exclusion rate today
is due almost enti rely to the VA’s discretionary choice
to presume ineligibility for veterans who received
administrative Other Than Honorable discharges.
That choice deprives tens of thousands of veterans of
needed care, despite the fact that their service would
not be considered “Dishonorable”—and was not
deemed Dishonorable by the military. What is more, significant disparities exist among the administrative separati on practices of the various service branches. The Army, Navy, Air Force, and Marine Corps each has its own separation regulations and policies. Moreover, within each branch, different units and commands may implement those regulations and policies in a different manner. Thus, service members who engage in similar misconduct may receive disparate treatment: one may be retained, another may be discharged under General conditions, another discharged under Other Than Honorable conditions.
This is due to different leadership styles, not differences in degrees of “dishonor.” A report of the Government Accountability Office (GAO) on discharge characterization documented the range of discharge practices and ascribed disparities to differences in leadership and management styles rather than a measurable difference in “honor” or “character.” The GAO compared Marines and Airmen with the same misconduct, service length, and performance history, and found that the Air Force was thirteen times more likely to give a discharge Under Honorable conditions than the Marine Corps.
Because the VA presumptively excludes veterans
with non-punitive Other Than Honorable discharges,
this discrepancy results in significant differences
in VA eligibility. For service members with equivalent conduct histories, Airmen are 13 times more
likely than Marines to be deemed presumptively
eligible—and recognized as a “veteran”—by the VA.
This results in significant differences in aggregate.
Whereas 98% of veterans who have served in the Air
Force since 2001 can access the VA when they leave
the service, only 88% of Marines from the period are
presumptively recognized as “veterans” by the VA.
(See Table K.9). The VA has effectively decided that
Marines are more than five times more “Dishonorable” than Airmen.
This disparity provides a potent reminder for why Congress decided to exclude only veterans who received or should have received a Dishonorable discharge by Court-Martial. Although there are wide discrepancies among services in their administrative discharge practices, the service branches are remarkably similar in how they use punitive discharges. Congress specifically noted that the discretion given to commanders for administrative separations can result in unfair outcomes, and gave veterans the benefit of the doubt by only excluding those who received or deserved a Dishonorable discharge by court-martial. Because the VA’s regulations have presumptively excluded all veterans with administrative Other Than Honorable discharges, the VA is failing to act in accordance with Congress’s decision.
Eligibility Decisions Fail To Adequately Consider Mental Health Conditions that May Have Contributed to Discharge.
Overall, the VA’s COD regulations prevent consideration—except in narrow and specifi c circumstances—of facts that Congress intended the VA to take into account: mitigating factors, extenuating circum-
stances, and positive facts. As one example, the VA’s regulations provide little room for consideration
of whether any mental health condition explains
or mitigates the conduct that led to the veteran’s
bad-paper discharge. It is deeply unfair—and contrary to Congress’s intent—to exclude veterans from basic veteran services for behavior that is symptomatic of mental health conditions that may be related to their service.
It is well established that post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), depression, operational stress, and other mental health conditions can lead to behavioral changes. In some cases, military commanders incorrectly attribute those behaviors to bad character, rather than as signs of distress and disease. Indeed, a 2010 study of Marines who deployed to Iraq found that those who were diagnosed with PTSD were eleven times more likely to be discharged for misconduct and eight times more likely to be discharged for substance abuse than Marines without a PTSD diagnosis.
Yet, the VA’s regulati ons contain only one narrow
provision related to mental health: misconduct
leading to discharge may be overlooked if the veteran
was “insane” at the time of the misconduct leading
to discharge. The VA’s definition of “insanity” is
antiquated—out of step with the practices of modern
psychology and psychiatry, which no longer deem
people “insane.” . . .
Eligibility Decisions Do Not Consider Whether the Veteran Served In Combat or Other Hardship Conditions
Another example of the failure of the VA’s regulations is the absence of any generally applicable provision for considering whether the veteran served in hardship conditions, including whether the veteran served in combat. . . .
Among additional expert analyses of what bad paper discharges do to those who’ve served and their families is:
“Bad Papers”: The Invisible and Increasing Costs of War for Excluded Veterans
Ali R. Tayyeb and Jennifer Greenburg (2017)
In a forthcoming article, this author points to another problem facing those with bad paper discharges:
“Veterans with bad paper discharges can get screwed all the way around. Not only are they often – but not always – excluded from VA services and healthcare, they “may be excluded from access to community resources also; many community programs follow the eligibility requirements set by the VA.”
Research Review: Underserved, How the VA Wrongfully Excludes Veterans With Bad Paper. Iraq and Afghanistan Veterans of America (IAVA) iava.org/blog May 3, 2016
BAD PAPER UPDATE
Veterans may sue over discharges they say were result of untreated mental health problems