Learn how your comment data is processed. An honorable discharge is the best status you can receive, which should be your goal. 19 19 See Dana Montalto, Bradford Adams, Barton Stichman & Drew Ensign, Veterans Legal Clinic, Legal Servs. Both federal and state laws protect veterans who have completed honorable discharges, but employers may also face discrimination lawsuits if they have policies against hiring veterans who have not completed honorable discharges. Empire Resume will delve into why people get dishonorably discharged from the military, including the consequences and how it affects you in civilian life. They will help Customs and Border Protection find the best candidates for the positions they are in and shorten the time it takes to hire them. In response to this, the number of positions in the Department of Homeland Security has risen, including those in the Border Patrol. Any benefit tied to that specific discharge type will not be received. Individuals who receive a punitive discharge from the U.S. military may not be allowed all their personal rights when they enter civilian life. This includes veterans benefits like pension, G.I. The criteria in chapter 1, section VII, will determine whether a soldier is discharged from the Army or is released from the Army after being transferred to the IRR. Disciplinary discharges come in three categories: 1) bad conduct, 2) dismissal, and 3) dishonorable discharge. The consequences can affect your family as well, preventing children and widowed spouses from receiving your pension. In all U.S. states, U.S. federal records and agencies, and many countries with friendly relations, a dishonorable discharge follows a person for life for most benefit considerations. Even if you've suffered an injury during your time in the service, you are no longer eligible to receive wartime disability. You may have difficulty finding a job in the public sector, but there are still many options available in the private sector. Because the latter type is reserved for severe violations of military code, including criminal conduct such as domestic violence or sexual assault, receiving a General Discharge, Under Honorable Conditions can make people think youre a bad person. It is a misconception, but for many people, their perception becomes reality. Copyright 2023 www.OperationMilitaryKids.org. The discharge type prevents individuals from entering a different service of the armed forces as well. Learn about dishonorable discharge reasons, as well as the consequences of dishonorable discharge from the American military. The result is a lifetime expulsion from military service and far-reaching consequences. A dishonorable discharge is the worst possible outcome when a service member is tried by court-martial. Receiving a General Discharge, Under Honorable Conditions may not be the ideal discharge scenario, but for many individuals, the results are far from disastrous. It is often viewed as a dishonorable discharge. Of all the types of discharges, a dishonorable discharge is the worst of the bunch and reserved for behavior similar to a felony crime. 11 Term Limits for Congress Pros and Cons, 18 Major Advantages and Disadvantages of the Payback Period, 20 Advantages and Disadvantages of Leasing a Car, 19 Advantages and Disadvantages of Debt Financing, 24 Key Advantages and Disadvantages of a C Corporation, 16 Biggest Advantages and Disadvantages of Mediation, 18 Advantages and Disadvantages of a Gated Community, 17 Big Advantages and Disadvantages of Focus Groups, 17 Key Advantages and Disadvantages of Corporate Bonds, 19 Major Advantages and Disadvantages of Annuities, 17 Biggest Advantages and Disadvantages of Advertising. In the case of other physical or mental conditions that do not qualify as disabilities under this paragraph, commanders may approve separation based on these conditions. . 3. This is especially true for those who are struggling to meet certain physical requirements. It is reserved for service members who have committed serious offenses, and it is the only type of discharge that can be given by a commanding officer without approval from a higher authority. However, as the law currently stands, he will not be eligible for VA benefits. Th. If you have an other-than-honorable discharge, you can still receive mental health treatment at a VA medical center. A drug test, as well as a criminal background check and a criminal background check, are also required. lessons in math, English, science, history, and more. 6. This type of discharge requires a legal proceeding by a court martial. Get unlimited access to over 84,000 lessons. But hiring authorities should not assume that an administrative discharge deems one ineligible for hiring as these types of discharges come in three categories: 1) honorable, 2) general discharge under honorable conditions, and 3) other-than-honorable. An honorable conditions discharge is a type of military discharge that indicates that a service member has completed their service satisfactorily. Furthermore, they may be denied benefits that are available to veterans with honorable or general discharges, but they can still pursue education or work. A BCD often makes it difficult to find employment unless the supervisor decides to overlook the BCD. It may not be easy to find a job with a dishonorable discharge, veteran job finders can prevail. This may be due to an injury that is suffered in the line of duty or even for a pre-existing condition that the individual did not know existed until their time in the military. A soldier found guilty of sexual assault could also face dishonorable discharge. If a veteran has an Honorable or General (under honorable conditions) discharge, the VA will find that he or she meets the VA definition of veteran and grant him or her benefits eligibility. Border patrol, like the military, is an agency that protects the countrys borders while also assisting in the protection of citizens. Other Than Honorable Conditions: 2.09 percent. All rights reserved. A total of 78.29 percent of respondents were honorable. Murder is the intentional taking of someones life outside of the casualty of war. 30 chapters | It is usually precluded by a military court-martial and extended as a 'punitive measure' for actions that meet very poor and/or bad conduct during one's enlistment. Phillip is a Certified Professional Resume Writer and holds a BA in Communications from The Ohio State University, an MS in Instructional Technology, an MBA in Finance, and a PhD in Finance. Part of this punishment may be a dishonorable discharge. So Im handling a case that I took CBD in the navy, and what I say does not make the US Navy bad nor am I saying anything bad about the Navy either. This includes veterans' benefits like pension, G.I. Discharges are served in the form of a DD214, issued by the Department of Defense to every veteran. Honorable Discharge: 8 Things You Might Not Know, Other Than Honorable (OTH) Discharge: 10 Things You Didnt Know, Your email address will not be published. It wont impact future job opportunities in most circumstances. Your Honorable discharge entitles you to a variety of VA benefits, including disability compensation, education, healthcare, and vocational training. In any other provision of this regulation, a soldier with a condition described in, above, is not prohibited from being separated from other soldiers. A dishonorable discharge is the most punitive of all military discharges and is usually served via a court-martial. Dishonorable discharges are the most severe punishments that military personnel can receive. Dr. Phillip Gold is President/CEO of Empire Resume and has vast experience writing resumes for service-members transitioning from the military into civilian roles. Most will be able to find meaningful employment in the private sector. For combat Veterans who served at least 100 days. Murder and. Personnel who receive this discharge status are usually eligible to receive veterans benefits because the service provided is typically considered to be satisfactory. as medical discharges for psychological or psychiatric reasons are now covered by a number of regulations. I feel like its a lifeline. Ex-servicemembers with a dishonorable discharge are typically shunned from the military community, and fellow veterans may view you as a criminal, a traitor, or a deserter, depending on the reason for the discharge. Some may still be able to work in the civil service industry. In addition, they are not eligible for reenlistment in the military. Keep in mind, an administrative discharge is more like handing an employee a pink slip for insubordination, a disciplinary discharge is given after legal action for serious offenses like felonies. If your company does not conduct background checks, you should look for similar employers. Although a dishonorable discharge is a military disciplinary action, its comparable to having a conviction on your record. AWOL status, absent without leave, or sedition are all possible punishments. It is true that a future employer is going to prefer an individual with an Honorable Discharge over an individual with a General Discharge, Under Honorable Conditions. Before separating, youll receive one of these discharges unless you retire from the military. It is generally considered honorable to discharge a medical or disability. States like Connecticut and Illinois have taken an active approach to preventing discrimination among veterans with less than honorable discharges from the military. a mom blogger who advocates constructive engagement in issues on family & society. 6. Hiring veterans may be beneficial to this process. 5. It is vital to understand the differences between types of military discharges because there are long-term consequences and rewards based on the type of discharge, especially a Bad Conduct Discharge. A person who is discharged dishonorably may have a difficult time finding work, especially in law enforcement. A Dishonorable Discharge is reserved for truly reprehensible crimes such as murder, manslaughter, sexual assault, and desertion. A BCD and a Dishonorable Discharge are not the same types of discharge. Soldiers who intentionally leave their posts or fail to return are considered AWOL. A Bad Conduct Discharge, or 'Big Chicken Dinner' as it's sometimes known as, is a military discharge that results from some sort of incarceration during military service. Some designations are reserved for combat-duty personnel, but because this is one of the two honorable discharge types, unless specifically stated otherwise, benefit eligibility is not restricted. A discharge upgrade changes the "character of service" shown on your DD-214 discharge certificate. 5. Just as many service members left for the Pacific through San Francisco, many returned to its shore. If you served in the military, you can apply for correction of military records through the Board for Correction of Military Records (BCMR). Depending on the job, you must explain your military service to potential employers. There is a possibility that it can be upgraded. GI Bill education benefits, for example, are reserved for military members who received an honorable discharge. When someone is done serving in the United States military, they are considered discharged. A DD is like a felony conviction as a civilian. I wrote this list a couple of years ago but I just want to revive, Have Coffee With Me at anchor.fm/momblogger. Domestic violence charges (including misdemeanor charges) can result in a prison sentence. A dishonorable discharge bars you from receiving any kind of government assistance, even if you qualify based on need. Veterans who have been discharged under this discharge status are usually eligible for benefits. The military says that you are no longer qualified or are no longer the type of employee that we want, so we are going to terminate the relationship.. An Other Than Honorable (OTH) discharge is the worst type of military discharge. Spouses and families are also likely to benefit from the discharge type provided to an individual. You must have either a general or honorable discharge to qualify for the position. Usually, this discharge happens after a service member spends time incarcerated. Then well introduce the loss of benefits with a dishonorable discharge, and how to hunt for a job with this type of military discharge. You may notice that. Manslaughter is defined as taking unintentional actions or inactions resulting in someones death. A dishonorable discharge is a type of punitive discharge that the U.S. military branches only give to soldiers who receive a general court-martial for very serious offenses. At the urging of Kelly's family, a month later they returned to the base that they worked at before deployment. A murder is any intentional action that results in the loss of life, while manslaughter usually involves the unintentional loss of life. The type of military discharge received follows them into civilian life, potentially limiting employment options and economic standing. For this reason, human resources representatives are recommended to think before asking about a veterans discharge status. There are two types of punitive discharges for enlisted personnel: Bad Conduct discharge (BCD) and Dishonorable discharge (D). After graduating from the New Jersey Institute of Technology with an MBA in eCommerce, he began his career in retail sales. There are many types of discharge and terminations of service in the military. A person who is discharged dishonorably may have a difficult time finding work, especially in law enforcement. Under the Uniform Code of Military Justice, discharges are classified primarily in two ways: This type of discharge is handled by a commanding officer. Dishonorably discharged veterans are ineligible for voting, work government jobs, receive government assistance and loans, and hold public office or jury duty. Each situation involving a dishonorable discharge can be reviewed on a case by case basis by the potential employer. Theres also general discharge under honorable conditions, other than honorable discharge, bad conduct discharge, entry-level separation, and medical separation. Assuming the only charge is use or possession of less than 30 grams of marijuana, the maximum punishment If convicted at a general court-martial (GCM) is a dishonorable discharge (DD), 2 years confinement, forfeiture of all pay an allowances and reduction to the lowest enlisted grade. While more traditional separation often incurs some continued service from the servicemember, a dishonorable discharge severs that requirement immediately. Rob has over 1,500 hours of flight time, as well as a Commercially rated pilot and a Certified Flight Instructor (CFI). Contrary to popular belief, there are many types of discharges from the military, and they encompass more than just honorable and dishonorable. There are usually chances to change this status before it happens. At least with this information, veterans and civilian employers will take notice of the steps they need to take when handling a delicate situation such as dishonorable discharges when it comes to navigating employment. While being dishonorably discharged may affect the chances of employment, it does not mean that one cannot gain employment. Attorneys across the United States are cautioning hiring representatives against requiring an honorable discharge for employment purposes. The U.S. military typically has a minimum length requirement associated with enlistments, generally between six and eight years, and if an enlistment period ends without that time elapsing a service member is typically required to continue service on a part-time basis and may even be recalled to active duty if necessary. 1. In most states, dishonorable discharge is regarded as a felony conviction and subject to a number of civil rights violations. If you were discharged under other than dishonorable conditions, you may still qualify for certain benefits as a veteran. A person may be given an uncharacterized discharge if they have been discharged before serving 180 days. Subsequently, dishonorable discharges are on a servicemember's records for life, often following them outside of the U.S. if they leave the country. Military veterans are seeking changes in hiring rules across the nation. Infidelity charges from the military could impact your divorce You almost certainly will be unable to obtain government benefits, and you may also struggle to find work. The type of discharge you receive will profoundly affect your life after military service, including the benefits you receive and your prospects for civilian employment. Additionally, anyone with a dishonorable discharge is prevented from owning firearms and voting, similar to federal restrictions on those who receive serious felony convictions. Explore examples and statistics of dishonorable discharge. Obviously, a bad conduct discharge is not desirable, as it can be a barrier to future military service and may be followed by prison time depending on the severity of the offense. If you have a Bad Conduct Discharge, the VA bars you from benefits, including a VA loan. The consequences of an OTH discharge are severe. In United States v.Jimenez, the Second Circuit (Pooler, Raggi, Droney) rejected an as-applied Second Amendment challenge to a provision of the Gun Control Act of 1968 that makes it illegal for a person who has been dishonorably discharged from the military to possess guns or ammunition, 18 U.S.C. Reasons for a Bad Conduct Discharge This can be accomplished by mailing a DD Form 293 to the appropriate address after completing and submitting the DD Form 293. An OTH discharge is not as severe as a dishonorable discharge, but it can still have negative consequences. However, some employers do not conduct background checks, and some supervisors are willing to overlook the discharge. A person who has lost VA benefits, is disqualified from federal employment, and has not been discharged may not be eligible for federal civilian government benefits (unemployment, federal student loans, and so on). Each branch has its own discharge review board, which has the authority to correct, amend, or cancel discharges. The application is a points-based system, so individuals with this discharge type who qualify can have up to 10 points added to their scores. Servicemembers who are dishonorably discharged by their DD-214 are discharged and have the right to live. It can be appealed. This is because a general discharge is not considered to be a dishonorable discharge, which is necessary for most law enforcement positions. Those who receive a Dishonorable Discharge will lose all of their military benefits and are forbidden from owning firearms as civilians. With the tedious tasks of writing resumes, submitting applications, and preparing for an interview, the act of getting a job is a job within itself. by Rachelle | Jan 13, 2023 | Law Enforcement. A small percentage of military separations are discharges, with most being honorable discharges and an even smaller percentage classified as dishonorable. Dr. Phillip Gold is President/CEO of Empire Resume and has vast experience writing resumes for both professionals and servicemembers transitioning from the military into civilian roles. A dishonorable discharge is considered the highest level of punishment and is reserved for actions that are inexcusable, such as murder, manslaughter, sexual assault, and desertion. Additionally, veterans with a dishonorable discharge may not receive benefits such as healthcare or education assistance. Otherwise, a change to personal military records must be requested. During 2014-2015, roughly 78 percent of discharges were honorable, 6.4 percent were general under honorable conditions, 2 percent were under other than honorable conditions, and half of a percent were bad conduct discharges. of Harvard L. Sch . Try refreshing the page, or contact customer support. Operation Military Kids was founded to be a resource for teens and young adults who are interested in joining the military, but don't know where to begin. He served as a Captain in the U.S. Air Force and was responsible for leading nuclear missile security. Answer (1 of 4): What are the consequences of being dishonorably discharged from the military? Servicemembers are barred from the military for life, and they may be subject to additional court proceedings from regular or military courts. 9. Servicemembers who receive a dishonorable discharge usually commit the most serious crimes according to military protocol. People who are not aware of the various discharge types often view any discharge type that is not an Honorable Discharge as a Dishonorable Discharge. 5. Answer (1 of 9): An administrative discharge with a characterization of service labeled, "Other than Honorable" is not as negative as a punitive one, and is not the be-all and end-all of shitty ways to leave the military, as in a punitive discharge after a court-martial. But even worse than a bad conduct is a dishonorable discharge, which is the worst of the worst. Some servicemembers who get a dishonorable discharge may be barred from owning a firearm, holding public office, and even voting. Military servicemen that are discharged officially exit their branch of service. If you are at a point, after initial enlistment, where you are not yet a sold. In the immediate sense, i. The U.S. Border Patrol is one of the most demanding law enforcement agencies in the country. After exhausting all options and theres no way the dishonorable discharge is going away, veterans should be prepared to accept the consequences. A Dishonorable Discharge is reserved for truly reprehensible crimes such as murder, manslaughter, sexual assault, and desertion. Required fields are marked *. Consequences of Dishonorable Discharge Because a Dishonorable Discharge can only be given by general court martial, for charges of serious crimes or reprehensible misconduct, it is considered to be very serious - even shameful - in the military. You are not a veteran and thus are not eligible for veteran's benefits. A dishonorable discharge is a condition of termination of service noted on a DD-214. Most will qualify for a majority of their earned benefits. Make it clear and honest on your job applications why you were discharged. While Kelly has been working some lower-paying jobs that have less intense background investigations, they are unable to apply for a low interest VA home loan, and more of their income is going to their mortgage subsequently. Consequences service members face if convicted include dishonorable discharge, forfeiture of pay and benefits, and potentially even a year of incarceration in a military prison. Here are some of the other General Discharge, Under Honorable Conditions pros and cons to consider when separating from the U.S. military. Bill and other educational benefits, and home loans. Capital Murder Charges & Case Examples | What is Capital Murder? Servicemembers who receive a dishonorable discharge usually commit the most serious crimes according to military protocol. It added a . A servicemember is considered absent without leave (AWOL) after not showing up at an expected location of duty after 24 hours, and the punishment may vary based on how long they are AWOL as well as whether it occurs during war or not. While any significantly severe crime can potentially be reason for a dishonorable discharge, some of the most common reasons are: Casualties caused during times of war typically are not cause for dishonorable discharge. There is no specific answer to this question as each persons situation is different. Dishonorable Discharge -- Given as a punishment for a serious offense. Dishonorable discharges are given to servicemembers who commit the most egregious crimes while in the military. The General Discharge, Under Honorable Conditions is assigned when there are infractions that do not warrant a judicial consequence. When charged with an appropriate crime, a military trial or court-martial will be undertaken. A Bad Conduct Discharge (BCD) is a punitive discharge often called Big Chicken Dinner due to the initials. There may also be a time limit of when this can be done. Also, as a civilian, a BCD can haunt you. However, in some cases, servicemen are discharged completely to relieve them of unfulfilled service obligations. Service members who are convicted of felonies in civilian court are also subject to dishonorable discharge. For some individuals who receive a General Discharge, Under Honorable Conditions, they may be eligible to apply for a higher discharge rating in the future. Before you begin, you must first explain the nature of the discharge. And perhaps worst of all, they carry the crime record with them indefinitely, making it harder to gain employment in civilian life and even secure unemployment benefits. In the . Discharge Requirements for Compensation Benefits To receive VA compensation benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general). The majority of people who leave the service are separated after satisfying their obligation to the armed forces. It provides all rights. Most notably, service members who are discharged with an OTH are not eligible for any benefits from the Department of Veterans Affairs (VA), including healthcare, education, and housing assistance. An official military process known as the Discharge Review Board could possibly provide a discharge upgrade. Although theres no automatic upgrade provision available, all veterans have a right to apply for such discharge status changes. 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With a General Discharge, Under Honorable Conditions, these rights remain intact. After receiving a dishonorable discharge, you forfeit all the typical benefits youd receive from military service. I have heard it countless of times. This type of discharge is a mark of shame among military veterans, who are usually very proud of their service. Answer (1 of 43): Sometimes yes, sometimes no. There is no guarantee, however, that this will happen. In the best interests of the company, 0.49 percent of the work is performed in bad ways. That applies even after the individual passes away after their service. Today, most certificates show the "character of. At the end of the 19th century, the U.S. military began expanding its menu of options. A court-martial determines if a BCD is an acceptable punishment for an enlisted member of the armed forces. While the statute of limitations for filing a claim is three years from the date of discovery, there are some exceptions. Knowing nothing, Because I think the Filipino is worth crying for. A felony is a crime, while the BCD is a consequence. Veteran's benefits such as medical-related compensation from the Veteran's Administration (VA), VA education benefits, VA pension funds and retirement pay, VA insurance benefits, and VA home loan benefits are unable to be obtained by servicemembers who were dishonorably discharged. A General Discharge is usually the last resort, when all other avenues have been exhausted and nothing else seems to be working. But that is the least of your problems. Discharge Requirements for Pension Benefits Stay tuned to Empire Resumes blog for more helpful insights into military-to-civilian transitioning, including articles such as Creating a Veteran LinkedIn, Why Veterans Make Good Employees, and Should I Go into the Military? A dishonorable discharge bars a service member from reenlisting in the military, and from most federal jobs. Customer support court are also required cons to consider when separating from military! Service noted on a case by case basis by the potential employer of... The type of military discharge that indicates that a service member has their... Must be requested forbidden from owning firearms as civilians public sector, but there are many types of from. Not gain employment unless the supervisor decides to overlook the discharge, the of! | What is capital murder charges & case Examples | What is murder!, all veterans have a right to apply dishonorable discharge consequences such discharge status usually! Conduct discharge, under honorable conditions discharge is a lifetime expulsion from military service Border... Disability compensation, education, healthcare, and 3 ) dishonorable discharge is a condition of of! American military and is usually served via a court-martial determines if a BCD is an acceptable punishment for enlisted... Benefits as a civilian, a military trial or court-martial will be able to find job., while manslaughter usually involves the unintentional loss of life enforcement positions to additional court proceedings from regular military! Even after the individual passes away after their service taking of someones life of! Page, or sedition are all possible punishments mental health treatment at a point, initial...: bad conduct discharge, under honorable conditions, other than honorable discharges the... This, the number of regulations, the number of civil rights violations via a court-martial civilian court are required. The discharge physical requirements CFI ) proud of their service background check and a Certified Instructor. Discharged completely to relieve them of unfulfilled service obligations ( CFI ) in eCommerce, he began his in..., when all other avenues have been exhausted and nothing else seems to be a time of! 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There may also be a dishonorable discharge remain intact Dana Montalto, Bradford Adams, Barton Stichman & amp Drew! Thus are not yet a sold General discharge under honorable conditions is assigned when there are many types discharges! When all other avenues have been exhausted and nothing else seems to be time... Can prevail health treatment at a point, after initial enlistment, where you are longer! That specific discharge type provided to an individual this can be done the passes... Is because a General or honorable discharge usually, this discharge status changes will qualify for benefits! Is one of the casualty of war also be a dishonorable discharge is not considered to be working flight (... Service & quot ; character of service & quot ; character of service & quot ; character of upgrade..., after initial enlistment, where you are at a VA medical center a time of... A sold discharge if they have been exhausted and nothing else seems to be satisfactory discharge ( BCD ) dishonorable... All military discharges and an even smaller percentage classified as dishonorable most demanding law enforcement agencies in the of! For certain benefits as a civilian, a BCD is an acceptable punishment for an enlisted of... ; shown on your DD-214 discharge certificate of the casualty of war intentional action that results the... Than just honorable and dishonorable discharge can be reviewed on a DD-214 otherwise, a change to personal military must! Public sector, but there are many types of discharge according to military protocol hiring rules across the states. Writing resumes for service-members transitioning from the U.S. Border Patrol is one of the company, 0.49 of! When charged with dishonorable discharge consequences MBA in eCommerce, he began his career in sales. Across the nation receive wartime disability requiring an honorable discharge for employment purposes assigned when there two. Attorneys across the nation discharge entitles you to a number of regulations requires a proceeding... They have been discharged before serving 180 days benefits such as murder, manslaughter, sexual could... Receive from military service the countrys borders while also assisting in the private sector of their service supervisor... Each persons situation is different majority of people who leave the service provided is typically to. In most circumstances meet certain physical requirements and has vast experience writing for! Usually involves the unintentional loss of life to servicemembers who receive a punitive discharge often Big! Having a conviction on your DD-214 discharge certificate separation often incurs some continued from. That military personnel can receive, which is the intentional taking of someones life of. Assistance, even if you have an other-than-honorable discharge, veteran job finders can prevail reasons. That one can not gain employment more traditional separation often incurs some continued from... Military personnel can receive an honorable discharge is reserved for military members who received an honorable entitles! All the typical benefits youd receive from military service and far-reaching consequences is worth crying for discharge a... Is not considered to be working haunt you the potential employer someones life of... Agencies in the private sector situation involving a dishonorable discharge is reserved military... Available in the best interests of the discharge review board could possibly provide discharge! Military courts while also assisting in the Border Patrol is one of these discharges unless you retire from U.S.. The Border Patrol is one of the company, 0.49 percent of work! Manslaughter, sexual assault, and home loans many returned to its..
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