Moving Upstream: Why Rehabilitative Justice in Military Discharge Proceedings Serves a Public Health Interest

Abstract

The cultural divide between US military and civilian institutions amplifies the consequences of military discharge status on public health and criminal justice systems in a manner that is invisible to a larger society. Prompt removal of problematic wounded warriors through retributive justice is more expedient than lengthy mental health treatment. Administrative and punitive discharges usually preclude Department of Veterans Affairs eligibility, posing a heavy public health burden. Moving upstream--through military rehabilitative justice addressing military offenders' mental health needs before discharge--will reduce the downstream consequences of civilian maladjustment and intergenerational transmission of mental illness. The public health community can play an illuminating role by gathering data about community effect and by advocating for policy change at Department of Veterans Affairs and community levels.

Military Service and Lifetime Arrests: Examining the Effects of the Total Military Experience on Arrests in a Sample of Prison Inmates

“…More recently, Seamone et al (2014) explained that it is much easier for the military to criminalize conduct associated with combat service—such as PTSD and aggressive behavior—and to dishonorably discharge these individuals than to address the underlying issues. As a result, service members receive either a dishonorable or bad conduct discharge which will bar them from receiving care from the Veteran’s Administration (VA) to treat their service-related problems.…”

Veterans in Prison for Sexual Offenses: Characteristics and Reentry Service Needs

“…Sexual offenses have been linked with a history of psychiatric hospitalizations for serious mental illness and substance use disorders (Fazel et al, 2007); thus, ensuring treatment access and engagement may help attenuate this link. However, in some cases, rather than treating mental health or substance use disorders, military personnel are discharged from the military with a status rendering them ineligible for VA treatment (Seamone et al, 2014). Others may experience delays in initiating treatment (Maguen, Madden, Cohen, Bertenthal, & Seal, 2012) or be uninterested or ambivalent about seeking mental health care (Hearne, 2013).…”

Pathways into homelessness among post-9/11-era veterans.

“…Gundlapalli et al (2015) linked problematic military discharges with high levels of homelessness. However, the overall impact of such discharges, which are relatively rare but increasing in number (Seamone et al, 2014), on veteran homelessness has yet to be assessed.…”