Expert: MARK A. HOWELL - 9/27/2010

Question
Respected Sir,
I was in Army Active duty and was discharged from US Army on 20th Apr,2010 Due to Medical condition and given an Uncharacterize discharge.I did not even complete 180 days and thus i think i am given this type of discharge.My question is , as i am discharge due to Medical condition, is this kind of discharge is Dishonorable,or Other than honorable or comes under honorable or general. As i want to apply for US citizenship and only confusion is the discharge type. I am applying under section 329 which says , If you served even 1 day during Hostile conflict period then you are eligible so i am satisfying that thing and i have no dishonorable discharge.So will i be able to get make this?I will appreciate your help.Thank you.

Answer
Shreyas,
That sounds like an Indian name, correct?  (I'm just curious#

Because you've been in for less than 180 days, if they were to discharge you it would be an Entry Level Separation #ELS).  It would also be an "Unclassified Discharge" meaning they simply did not have sufficient time to evaluate you, so it's neither good nor bad.  So you definitely do NOT have a Dishonorable Discharge.

Section 329 says "you must have served honorably in the U.S. Armed Forces during an authorized period of conflict."  Yes, you served during a hostile conflict period, and because you did not have a Dishonorable Discharge you service can be considered honorable for citizenship purposes.

However, have you read Section 328, which says "you must have served honorably for a total of one or more years, you are a lawful permanent resident and you will be filing your application for naturalization within six months of being discharged."

I would recommend you consult the following U.S. Citizenship and Immigration Services (USCIS) website:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a...

They have a special Military Help Line to give you exact answers for your specific situation.

Good luck,
Colonel H