Interesting points, Redalgo.
Clarence, would we presume that discharged soldiers will have the opportunity to appeal to a court so as to protect their benefits? Ideally, the government should be able to review these things by a case-by-case scenario in case the ends justify the means or if someone is wrongly discharged for something.
Those slated to receive an OTH discharge are guaranteed (by the Uniform Code of Military Justice) the right to appeal to an administrative discharge board, which is similar to a court-martial but is not done publicly, if that takes care of it.