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Legal Definitions - undesirable discharge
Definition of undesirable discharge
An undesirable discharge is a type of administrative separation from military service that is considered "less than honorable." It is typically issued for serious misconduct, such as repeated violations of regulations, drug abuse, or other acts that do not warrant a court-martial but are deemed detrimental to the military's good order and discipline. This form of discharge carries significant negative consequences for the individual, often affecting their eligibility for veterans' benefits and future employment opportunities.
Here are some examples to illustrate this concept:
Example 1: Repeated Drug Offenses
A soldier in the Army repeatedly tests positive for illegal drug use, despite having received multiple warnings and opportunities for rehabilitation. While the military decides not to pursue a court-martial, the consistent drug abuse is considered serious misconduct that undermines military readiness and discipline.
This illustrates an undesirable discharge because the soldier's repeated violation of military drug policies constitutes serious misconduct that warrants administrative separation due to its detrimental impact on military standards, resulting in a less-than-honorable discharge.
Example 2: Pattern of Disregard for Orders
An Air Force airman consistently fails to follow direct orders, is frequently late for assigned duties, and exhibits a pattern of insubordination over several months, accumulating numerous non-judicial punishments. Although no single infraction is severe enough to warrant a court-martial, the cumulative pattern of disregard for regulations and authority is deemed unacceptable.
This demonstrates an undesirable discharge because the airman's persistent failure to adhere to military regulations and orders, despite lesser punishments, signifies a pattern of misconduct that is prejudicial to good order and discipline, leading to an administrative separation with a less-than-honorable status.
Example 3: Off-Base Conduct Bringing Discredit to the Service
A Marine is found to have engaged in off-base conduct that, while not a felony, brings significant discredit upon the service. For instance, the Marine is involved in a widely publicized public disturbance while in uniform, or participates in activities that are deemed morally reprehensible and reflect negatively on the integrity of the military as a whole.
This exemplifies an undesirable discharge because the Marine's actions, even if not criminal, are considered serious misconduct that damages the reputation and public trust in the military. Such conduct is deemed detrimental to good order and discipline, justifying an administrative separation with an undesirable discharge.
Simple Definition
An undesirable discharge is a form of separation from military service that is less favorable than an honorable or general discharge. It is typically issued due to a pattern of misconduct or serious offenses, and can lead to the forfeiture of certain veteran benefits.