Someone please answer my question

[jdh24]

Was in the navy and was discharged with other than honorable. Can I still get a job with the MSC or any other mariner company?

[jdh24]

Was in the navy and was discharged with other than honorable. Can I still get a job with the MSC or any other mariner company?

Oh btw I already have 3 years of sea time from the navy. Can I use that time to upgrade my MMC? Thx in advance!

[Capt Bob]

Read and comprehend.

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 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 OTH discharge recipients.

How far in the past did this occur? How has your life changed since the occurrence? If the incident occurred in the near past a SWAG would be your chances are not good.

[Capt Bob]

Read this an contact an attorney familiar with military issues.

About the author

Mathew B. Tully is an Iraq War veteran and founding partner of the law firm Tully Rinckey PLLC. Click here to send an email. The information in this column is not intended as legal advice.



Q. I am being separated under other-than-honorable conditions. Will this hurt my job prospects when I re-enter the civilian workforce?

A. Service members forfeit many protections and rights when they are separated under other-than-honorable conditions. So it might be worth seeking an upgraded discharge on appeal. More on that later.

One of the most important benefits they lose is their preference in the federal hiring process. Under the Veterans Employment Opportunity Act, veterans who meet certain criteria — which includes discharge under honorable conditions — are afforded extra points on their examinations for competitive service positions.

Similarly, veterans must have been separated under honorable conditions to be appointed to federal agency positions without competition under the Veterans’ Recruitment Authority.

Without the benefits of federal hiring preferences, veterans with an OTH may turn to the private sector for employment, but they may find themselves vulnerable.

The Uniformed Services Employment and Reemployment Rights Act provides veterans employment and re-employment rights and protects them against discrimination on the basis of military service. However, service members lose their USERRA protections when they are separated under other-than-honorable conditions. This law applies to both public- and private-sector employers.

Veterans who do find work at a federal agency or contractor may have difficulty advancing their career because an OTH will make it harder for them to obtain a security clearance.

However, during the adjudication process an attorney could raise mitigating factors, such as passage of time, to convince an administrative judge the applicant is trustworthy and should be granted a clearance.

Lastly, an OTH discharge would prevent a veteran from re-entering the service. With their job options looking bleak, veterans may want to consider pursuing a discharge upgrade from a Discharge Review Board or a Board for Correction of Military Records.

Generally, as long as they were separated within the past 15 years, veterans can pursue the former by filling out an Application for Review of Discharge from the Armed Forces of the United States (DD Form 293). They can pursue the latter by filling out an Application for Correction of Military Record (DD Form 149) within “three years since the alleged error or injustice was discovered.”

[cappy208]

Do you have your TWIC and MMC yet?

If not you have to apply for both. One of the questions on the CG app is:

Have you ever been convicted by any court -including military court- for an offense other than a minor traffic violation?

Well?

[jdh24]

Do you have your TWIC and MMC yet?

If not you have to apply for both. One of the questions on the CG app is:

Have you ever been convicted by any court -including military court- for an offense other than a minor traffic violation?

Well?

Yes I have both of them. And I've never need convicted by any court.

[cappy208]

then you should be good to go for anything BUT a military job. Read MSC.

[jdh24]

then you should be good to go for anything BUT a military job. Read MSC.

REALLY!!!! Where on the site did you read that? I been trying to answer that question for a while now.

[cappy208]

have you checked the conditions to receive a security clearance? IIRC, one of the questions is have you received any thing EXCEPT an honorable discharge. If you can't get a security clearance then MSC is a no go.


Here is a snipit from the US website among others, it lists several ways to ameliorate past incidents. Can you meet or prove this to their satisfaction?


Although adverse information concerning a single criterion may not be sufficient for an unfavorable determination, the individual may be disqualified if available information reflects a recent or recurring pattern of questionable judgment, irresponsibility, or emotionally unstable behavior. Notwithstanding the whole person concept, pursuit of further investigation may be terminated by an appropriate adjudicative agency in the face of reliable, significant, disqualifying, adverse information.

When information of security concern becomes known about an individual who is currently eligible for access to classified information, the adjudicator should consider whether the person:

a. Voluntarily reported the information;
b. Was truthful and complete in responding to questions;
c. Sought assistance and followed professional guidance, where appropriate;
d. Resolved or appears likely to favorably resolve the security concern;
e. Has demonstrated positive changes in behavior and employment;
f. Should have his or her access temporarily suspended pending final adjudication of the information.

Also: what was the reason you received a LTH discharge? that may be a HUGE part of the answer.

This is the disqualifying paragraph for military: PART 710—CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO CLASSIFIED MATTER

Conditions of Military Discharge: Applicants often claim "honorable discharge" from military service when, in fact, they were given a "general discharge under honorable conditions." The latter means the individual was discharged for cause. The cause is often inability to adapt to military life or some other form of unsuitability, such as a drug, alcohol, criminal, or emotional/mental problem. The personnel security questionnaire contains one easily recognized clue that a so-called "honorable discharge" may actually be something else. If the applicant served less than the minimum time of service (e.g., only 18 months of a four year enlistment), or was discharged on a date other than the anniversary date of his or her enlistment, it may be a general discharge under honorable conditions. In this case, adjudicators may wish to evaluate the reasons for the subject’s early discharge.


Note: there is only mention of discharge other than Honorable. One could assume that a LTH would be below this in preference of obtaining a clearance?

[jdh24]

have you checked the conditions to receive a security clearance? IIRC, one of the questions is have you received any thing EXCEPT an honorable discharge. If you can't get a security clearance then MSC is a no go.

Sounds like I have to find a job else where then😢

[crawdaddy 1.5]

I know the answer for your question, no msc, but other outfits dont see why not, I had a friend who had OTH, and tried to apply for MSC, he tried twice did you also get your twic before or after

[jdh24]

I know the answer for your question, no msc, but other outfits dont see why not, I had a friend who had OTH, and tried to apply for MSC, he tried twice did you also get your twic before or after

I got it afterwards