Okay the Lt. was ALLOWED to resign his Commission while facing a General Court Martial..
Ehren Watada will be granted a discharge Oct. 2, "under other than honorable conditions,"
Making the leap that this somehow meant he won on the grounds that "Iraq was an Illegal War" is a stretch of the facts in the case to say the very least.
Under Other Than Honorable Conditions. OTH Discharges are warranted when the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Military Services, or when the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Military Services. Examples of factors that may be considered include the use of force or violence to produce serious bodily injury or death, abuse of a special position of trust, disregard by a superior of customary superior-subordinate relationships, acts or omissions that endanger the security of the United States or the health and welfare of other members of the Military Services, and deliberate acts or omissions that seriously endanger the health and safety of other persons.
Persons awarded an OTH characterization of service: are not entitled to retain their uniforms or wear them home (although they may be furnished civilian clothing at a cost of not more than $50); must accept transportation in kind to their homes; are subject to recoupment of any reenlistment bonus they may have received; are not eligible for notice of discharge to employers (which may affect unemployment benefits); and, do not receive mileage fees from the place of discharge to their home of record.
It is generally believed that an OTH Discharge will render an individual ineligible for all VA Benefits. This is not necessarily so. The Department of Veterans Affairs will make its own determination with respect as to whether the OTH was based on conditions which would forfeit any or all VA benefits. Most veterans' benefits will be forfeited if that determination is adverse to the former service-member, such as when based on the following circumstances: (1) Desertion; (2) escape prior to trial by general court-martial; (3) conscientious objector who refuses to perform military duties, wear the uniform, or comply with lawful orders of competent military authorities; (4) willful or persistent misconduct; (5) offense(s) involving moral turpitude; (6) mutiny or spying; or (7) homosexual acts involving aggravating circumstances.
Puts him in some rather elite company.
Ehren Watada will be granted a discharge Oct. 2, "under other than honorable conditions,"
Making the leap that this somehow meant he won on the grounds that "Iraq was an Illegal War" is a stretch of the facts in the case to say the very least.
Under Other Than Honorable Conditions. OTH Discharges are warranted when the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Military Services, or when the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Military Services. Examples of factors that may be considered include the use of force or violence to produce serious bodily injury or death, abuse of a special position of trust, disregard by a superior of customary superior-subordinate relationships, acts or omissions that endanger the security of the United States or the health and welfare of other members of the Military Services, and deliberate acts or omissions that seriously endanger the health and safety of other persons.
Persons awarded an OTH characterization of service: are not entitled to retain their uniforms or wear them home (although they may be furnished civilian clothing at a cost of not more than $50); must accept transportation in kind to their homes; are subject to recoupment of any reenlistment bonus they may have received; are not eligible for notice of discharge to employers (which may affect unemployment benefits); and, do not receive mileage fees from the place of discharge to their home of record.
It is generally believed that an OTH Discharge will render an individual ineligible for all VA Benefits. This is not necessarily so. The Department of Veterans Affairs will make its own determination with respect as to whether the OTH was based on conditions which would forfeit any or all VA benefits. Most veterans' benefits will be forfeited if that determination is adverse to the former service-member, such as when based on the following circumstances: (1) Desertion; (2) escape prior to trial by general court-martial; (3) conscientious objector who refuses to perform military duties, wear the uniform, or comply with lawful orders of competent military authorities; (4) willful or persistent misconduct; (5) offense(s) involving moral turpitude; (6) mutiny or spying; or (7) homosexual acts involving aggravating circumstances.
Puts him in some rather elite company.
