Update: Discharged!

FOXNews.com - Single-Mom Discharged From Army After Refusing Deployment


Wins all around. The Army gets rid of an unreliable soldier who refused to fulfill her obligation and make good on her oath, and she has all the time she needs to be with her child.

Dishonorable discharge is going to make it hard for her to find a good paying job with a decent company.

I will not hire anyone with one now for my business nor when I worked for Frito Lay.

Now we will have another mouth to feed on WIC, food stamps and welfare while she sits on her ass.

That article doesn't say she got a 'dishonorable' discharge. It only says it was administrative, which literally means her CO ordered her to be discharged before her enlistment term expired.

She could very possibly have just gotten what's called a 'General, under honorable conditions' discharge. That type of discharge is not considered a strike against you for future employment, and actually comes with the same benefits as an Honorable discharge.

There is also a discharge called "Other than honorable", "Bad conduct", and then the dreaded "dishonorable".

I'd like to actually see what the specific discharge type was.

"She's excited that she's no longer facing jail and can still be with her son, which is the most important thing," said Rai Sue Sussman, Hutchinson's civilian attorney. "We're very happy about it right now."
The decision still carries consequences for Hutchinson. She is being demoted in rank to private and will lose benefits afforded to military service members and veterans, Fort Stewart spokesman Kevin Larson said.

"She's excited that she's no longer facing jail and can still be with her son, which is the most important thing," said Rai Sue Sussman, Hutchinson's civilian attorney. "We're very happy about it right now."

The decision still carries consequences for Hutchinson. She is being demoted in rank to private and will lose benefits afforded to military service members and veterans, Fort Stewart spokesman Kevin Larson said.

Larson said the Army had evidence that Hutchinson, regardless of her family situation, would have resisted deploying "by any means." He said commanders decided a court-martial would be too disruptive to the Army, requiring soldiers now in Afghanistan to return to the U.S. to testify.

"This case wasn't about a soldier having to choose between her duty to the nation and her family," Larson said. "There is evidence both from Pvt. Hutchinson and her fellow soldiers to indicate she had no intentions of deploying."

General
General discharges are given to service members whose performance is satisfactory but is marked by a considerable departure in duty performance and conduct expected of military members. Reasons for such a characterization of service vary, but are always preceded by some form of nonjudicial punishment utilized by the unit commander as a means to correct unacceptable behavior prior to initiating discharge action (unless the reason is homosexual conduct or drug abuse, in which case discharge is mandatory). A commander must disclose the reasons for the discharge action in writing to the service member, and must explain reasons for recommending the service be characterized as General (Under Honorable Conditions). The service member is normally required to sign a statement acknowledging receipt and understanding of the notification of pending discharge memorandum. They are also advised of the right to seek counsel and present supporting statements.

In addition, service members are required to sign documents acknowledging that "substantial prejudice in civilian life" may be encountered under a general discharge.[1] Despite this, some personnel think because the discharge is described as general under honorable conditions, it is as good as or the same as an honorable discharge. Concerning VA disability and most other benefits that is true, however, a general discharge may preclude participation in the GI Bill, service on veteran's commissions, and other programs where a fully-honorable discharge is required.

Other Than Honorable (OTH)
An OTH is the most severe form of administrative discharge. This type of discharge represents a serious departure from the conduct and performance expected of all military members. OTH discharges are typically given to service members convicted by a civilian court in which a sentence of confinement has been adjudged or in which the conduct leading to the conviction brings discredit upon the service. It can also be given as the result of certain civil hearings, like a divorce for adultery. OTH discharges can be accepted in-lieu of court-martial proceedings at the service-member's request. Persons facing OTH are guaranteed, by the Uniform Code of Military Justice, the right to have their discharge heard by an administrative discharge board, which is similar to a court-martial but is not a public forum.
Recipients of OTH discharges are barred from reenlisting into any component of the Armed Forces (including the reserves), and are normally barred from joining the Army National Guard or Air National Guard, except under rare circumstances that require exception-to-policy waivers. As of September 2006, all 50 states had policies barring the reenlistment of UOTHC discharge recipients.

In addition, the majority of veterans' benefits are not available to individuals who receive an other than honorable conditions discharge, including the Montgomery GI Bill and (in most cases) VA healthcare benefits.

According to the article she was demoted and lost benifits. This seems to fall under OTH rather than General discharge when it is taken into consideration they had evidence she would not have deployed any way.



Here are the reasons for and types of admin. discharges.

An administrative Discharge can not be other then honorable. That requires an action by a court. She can be reduced in rank with out a court action. That can happen several ways. I am not sure how they are denying her benefits but the article clearly says administrative discharge.

An OTH is the most severe form of administrative discharge.