Can a Dishonorably Discharged Veteran Receive Burial Benefits?

A person who received a dishonorable discharge is generally not eligible for Department of Veterans Affairs (VA) burial benefits. This includes burial in a national cemetery, a government-furnished headstone or marker, a burial allowance, and a U.S. burial flag. The VA considers the character of discharge as the primary factor in determining eligibility for all burial-related benefits.

However, the answer is not always black and white. There are narrow exceptions, alternative options, and a formal process that may allow someone to change their discharge status. If you are trying to figure out what is and is not available, the details below will help.

What Does "Dishonorable Discharge" Actually Mean for Burial?

A dishonorable discharge is the most severe type of military separation. It is typically issued only as a result of a general court-martial conviction for a serious offense. It is different from a "bad conduct discharge" or an "other than honorable" (OTH) discharge, which carry their own consequences but may qualify for certain benefits depending on the circumstances.

For burial purposes, the VA categorizes discharges into two groups:

• Eligible: Honorable, general (under honorable conditions), and in some cases entry-level separations.
• Not eligible: Dishonorable and bad conduct discharges resulting from a general court-martial.

The VA is legally barred under 38 U.S.C. § 5303 from extending burial benefits to anyone whose separation was dishonorable.

What Burial Benefits Are Specifically Denied?

When someone is ineligible due to a dishonorable discharge, they lose access to the full range of VA burial benefits, including:

• Burial in any of the 155+ VA national or state veterans cemeteries
• The VA burial allowance (a partial reimbursement of funeral costs)
• A government-furnished headstone, marker, or medallion
• A Presidential Memorial Certificate
• A U.S. flag for draping the casket
• Burial at Arlington National Cemetery

Without these benefits, families bear the full cost of funeral arrangements on their own. The average cost of a funeral in the United States ranges from $7,000 to $12,000, which can be a significant burden.

Are There Any Exceptions for Dishonorably Discharged Individuals?

There are very limited exceptions, but they do exist:

Combat-related special cases. In rare situations, a dishonorably discharged individual who was a prisoner of war or who is listed as missing in action may receive certain memorial considerations. Families of POW and MIA veterans can sometimes access specific state-level burial programs even when federal eligibility is unclear.

State-level programs. Some states operate their own veteran burial programs with separate eligibility requirements that may differ from the VA's. For example, Tennessee's burial allowance for combat veterans and Kentucky's burial allowance for retired military personnel each have their own rules. A state program may still deny someone with a dishonorable discharge, but it is worth checking because eligibility criteria vary.

Private cemeteries. Nothing prevents a family from burying a dishonorably discharged individual in a private cemetery. The burial simply cannot be in a VA national cemetery, and no government headstone or marker will be provided.

Can a Dishonorable Discharge Be Changed?

Yes, this is one of the most important things to know. A discharge upgrade is possible through two main paths:

1. Discharge Review Board (DRB) Each branch of the military has a DRB that can review and potentially upgrade discharges. Applications must generally be filed within 15 years of discharge. The board considers the applicant's military record, post-service conduct, and any evidence that the original discharge was improper or inequitable.
2. Board for Correction of Military Records (BCMR) For cases older than 15 years, or when the DRB denies a request, the BCMR has broader authority to correct military records, including upgrading a discharge.

If the discharge is upgraded to "general (under honorable conditions)" or "honorable," the individual becomes eligible for VA burial benefits. This is the single most impactful step a family can take.

The VA's discharge upgrade guidance provides detailed instructions for each branch.

What About a "Bad Conduct" or "Other Than Honorable" Discharge?

Many people confuse these with a dishonorable discharge, but they are not the same and may lead to different outcomes.

• Bad Conduct Discharge (BCD): If issued by a special court-martial rather than a general court-martial, the VA may still grant burial eligibility on a case-by-case basis after a "character of discharge" determination.
• Other Than Honorable (OTH): Individuals with an OTH discharge can apply for a character of discharge determination from the VA. If the VA determines the service was "under conditions other than dishonorable," burial benefits may be restored.

A dishonorable discharge from a general court-martial, by contrast, does not qualify for a VA character of discharge review. The only path for these individuals is a discharge upgrade through the military review boards.

What Are Common Mistakes Families Make?

Assuming no options exist. Many families do not realize a discharge upgrade is possible. If the discharge happened decades ago, it may still be reviewable.

Confusing discharge types. A person with an "other than honorable" discharge is not in the same category as someone with a "dishonorable" discharge. Checking the DD-214 form carefully is essential before assuming ineligibility.

Not checking state programs. Even when federal benefits are denied, state-level burial assistance may be available. For example, North Dakota's veteran cemetery plot program for families has its own eligibility standards that may differ from the VA's.

Waiting too long to apply for an upgrade. While the BCMR can hear older cases, having the discharge reviewed as soon as possible is always better. Evidence degrades, witnesses become unavailable, and memories fade.

Not seeking free legal help. Organizations like the National Veterans Legal Services Program and local legal aid clinics help veterans with discharge upgrade applications at no cost.

Practical Next Steps If You Are Dealing With This Situation

If you or a loved one has a dishonorable discharge and you need burial arrangements, here is what to do right now:

1. Obtain the DD-214. Confirm the exact characterization of discharge. You can request a copy from the National Archives.
2. Check the discharge type. If it is anything other than "dishonorable," you may still qualify for some benefits or a VA character of discharge review.
3. Contact a Veterans Service Organization (VSO). Groups like the DAV, VFW, or American Legion can help you understand your options for free.
4. Explore discharge upgrade options. File with the appropriate Discharge Review Board or BCMR. An upgrade from dishonorable to general or honorable restores full burial eligibility.
5. Research your state's programs. State veterans affairs offices sometimes have burial assistance that applies regardless of federal eligibility.
6. Plan ahead if possible. If the veteran is still living, starting the discharge upgrade process now gives the family more options later.

Quick Checklist: Steps to Take

• □ Get a copy of the DD-214 and verify the discharge characterization
• □ Determine whether the discharge is dishonorable, bad conduct, or other than honorable
• □ If dishonorable, consult a VSO or attorney about a discharge upgrade
• □ Contact your state's Department of Veterans Affairs for local burial programs
• □ If eligible after an upgrade, apply for VA burial benefits through the nearest VA regional office
• □ Keep all military records, medical documentation, and post-service records organized and accessible

A dishonorable discharge makes federal burial benefits unavailable, but it does not have to be the final word. Checking the discharge type, pursuing an upgrade, and looking into state-level assistance are all real steps that can make a difference. Do not assume the door is closed without verifying the details of your specific situation.