An individual received a bad conduct discharge by special court martial as a result of going AWOL for 90 days. Is he barred from receiving benefits?

An individual who receives a bad conduct discharge as a result of going AWOL for 90 days is not automatically barred from receiving veterans’ benefits. The type of discharge and the circumstances surrounding it play a crucial role in determining eligibility for benefits.

Under VA regulations, a bad conduct discharge is considered a less than honorable discharge, which can affect benefits. However, a period of AWOL (absent without leave) generally does not itself constitute a bar to benefits unless it is of a certain duration or severity. Specifically, VA regulations state that a discharge is not disqualifying if it results from a period of AWOL that is less than 180 days. Therefore, AWOL for 90 days does not automatically disqualify an individual from receiving benefits.

Additionally, the specific circumstances surrounding the discharge are also relevant. Factors such as the reason for going AWOL and any mitigating circumstances can influence the VA's determination of eligibility. Thus, while a bad conduct discharge can complicate the eligibility for certain benefits, it does not provide an outright prohibition in this case, making the choice that the individual is not barred from receiving benefits the correct one.