Is It Illegal To Ask About Military Discharge?

Will an OTH show up on a background check?

Probably not, as the background check involves convictions.

The OTH is an administrative characterization of your military service not evidence of a criminal conviction..

What should you never ask a veteran?

20 Things You Should Never Say to Someone in the Military”How many people have you killed?” Shutterstock. … “What kind of action did you see in combat?” … “When are you done?” … “I’m glad you made it back in one piece.” … “How could you leave your family for so long?” … “What do you think about what’s going on in the news?” … “What’s it really like over there?” … “Did anyone you know die?”More items…

Can you ask an employee if they are a veteran?

Is there anything I can do? Yes. The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits all employers from discriminating against any veteran, reservist, or National Guard member because of his or her past, present, or future military obligation.

What is the difference between a general discharge and an honorable discharge?

In contrast, a “General, Under Honorable Conditions” Discharge (commonly referred to as a General Discharge) is for service members whose service was satisfactory, but involved situations where the Soldier’s conduct and/or performance of duty were not so meritorious to warrant an Honorable Discharge.

Does a dd214 show up on a background check?

Typically, military service is provided on a background check as part of employment history. Be aware that generally the only way an employer can verify military service is with your DD 214. Provide either a scan or photocopy, never give them the original.

Can I upgrade my discharge from the military?

Can I Get a Discharge Upgrade? You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service).

Are military discharge records public?

Military personnel records are open to the public 62 years after they leave the military. … Records of any veteran who separated from the military 62 (or more) years ago can be ordered by anyone for a copying fee (detailed below under “cost”).

Do I have to disclose my military service?

Disclosing your military affiliation and military experience is pretty much required if you plan on using the experience for career progression. Whether you have four or 20+ years of service, your support for the country counts as career experience, and you should be proud of it.

Can you ask if someone is a veteran?

Asking veteran applicants questions about their disability is illegal according to the Uniformed Services Employment and Reemployment Rights Act and the Americans with Disabilities Act.

Why do job applications ask if you are a veteran?

The data allows companies to measure the results of their veteran recruiting efforts. … This requirement is to ensure that companies doing business with the government are not discriminating against veterans or protected veterans and that they’re taking active steps to recruit and hire them.

Can employers see your military discharge?

Federal and state laws prohibit businesses from discriminating against honorably discharged military service members, but employers may also face discrimination lawsuits if they have policies against hiring less-than-honorably discharged veterans.

Can an employer ask for a DD 214?

Generally, employers will ask those claiming prior military service to provide a copy of their discharge form, DD214. … Of course through credit verification, address verification and reference checks employers can easily determine if a falsified or forged DD214 has been tendered.

Are you considered a veteran with a bad conduct discharge?

Other Than Dishonorable Conditions: VA Determinations of Eligibility. Many veterans assume that when they get a less-than-honorable discharge, they are ineligible for benefits. … However, veterans with an OTH Discharge or, more rarely, a Bad Conduct Discharge can be deemed eligible for some VA benefits.

How bad is a other than honorable discharge?

The most severe type of military administrative discharge is other-than-honorable conditions. … In most cases, veterans who receive an other-than-honorable discharge cannot re-enlist in the Armed Forces or reserves, except under very rare circumstances.

How do I know if Im a protected veteran?

“A veteran who served on active duty in the U.S. military during a war, or in a campaign or expedition for which a campaign badge was authorized under the laws administered by the Department of Defense.”

What is veteran status in job application?

Other Protected Veteran means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.

Can you be a cop with a dishonorable discharge?

Commissioned officers cannot be reduced in rank by a court-martial, nor can they be given a bad conduct discharge or a dishonorable discharge. If an officer is convicted by a General Court-Martial, then that officer’s sentence can include a “dismissal.” This is considered to be the same as a dishonorable discharge.

What is the difference between dishonorable discharge and other than honorable?

Service members who meet or exceed the required standards of duty performance and personal conduct, and who complete their tours of duty, normally receive honorable discharges. A dishonorable discharge (DD) is handed down for an offense the military considers the most reprehensible conduct.