Dishonorable Discharge Consequences

Posted on September 22, 2011 by

Before examining the dishonorable discharge consequences, let us look at what this means. It is defined as ‘the discharge of a person from military service for an offense more serious than one for which a bad-conduct discharge is given’ and is one of the severest punishments meted out. It can be handed out only by a general court martial. This form of severance from military services is given to people convicted of the most serious crimes such as murder, sexual assault, desertion etc. In many US states this is deemed the equivalent of a conviction of felony. These are the dishonorable discharge consequences for a serviceman:

•US Federal law prohibits those who have been dishonorably removed from the services from owing or using a firearm of any sort.

•The court martial will typically be followed with a jail term or other similar form of punishment such as hard labor without imprisonment.

•The soldier will be denied a military pension, insurance and other benefits given to defense personnel, such as government aid for education or business, preferences for jobs and reduced grade requirements for entrance exams.

•He / she will lose the title of ‘veteran’ as this term applies only to those who have concluded their career in the armed forced in an honorable manner.

•When the soldier re-enters civilian life he / she will be ineligible for bank loans and unemployment benefits.

•If an additional felony conviction is imposed, the individual loses the right to vote or hold public office.

There are many ways to leave active service, but leaving by dishonorable discharge is reserved for those who have committed the worst crimes. Therefore the consequences too are equally stringent and will adversely affect the soldier in almost every aspect of his life as a civilian.

Posted in Military Defense Lawyers FAQ | Tagged , , , , , , | Leave a comment

What Is A Court Martial?

Posted on September 21, 2011 by

When a citizen signs up for military service in the United States, they forfeit a select number of their Constitutional rights. One of these is trial by jury, which is replaced by the court martial system. What is a court martial? If you have ever seen the popular films “A Few Good Men” and “Crimson Tide”, you may have a vague idea of the armed forces justice system. The trial takes place in an instance when standard military discipline has broken down, involving cases as minor as jaywalking on a military base to cases as complex as mutiny and dereliction of duty in the service.

The process can begin when a commanding officer notices a breach of discipline or etiquette. If a lower-ranking solider exhibits belligerency (often known as insubordination), the officer has the right to punish the soldier by standard tasks like cleaning duty or restriction from unit activities. The soldier in question has the right to request a trial by military peers, although for minor offenses this is rarely exercised. For more severe offenses, like theft, it may be an automatic case for the military justice system.

In a court martial, both sides are represented by military attorneys and the presiding judge is a unit commander or a joint collection of officers. The trial is somewhat similar to civil cases, in which the prosecution provides condemning evidence while the defense attempts to negate the accusations. There are fewer of the legal formalities typical of civilian justice, including the grand jury summons and the pre-trial motions. Furthermore, the verdict is final and can be as severe a sentence as execution by firing squad (though this extraordinarily rare). When it is necessary to enforce martial law, it may also become the sole means of civilian justice for all those who are within its boundaries.

Posted in Military Defense Lawyers FAQ | Tagged , , , , , | Leave a comment

What Is Absent Without Leave (AWOL)?

Posted on September 20, 2011 by

Military service is not an off-and-on obligation but rather one that demands a soldier be on duty at the times that he is not cleared for leave by an official. The term used to describe the breach of military discipline is AWOL, or absent without leave. What is absent without leave (AWOL)? It depends upon the branch of the armed forces and the specifics regarding the case. In some instances, it may be a minor offense that only requires re-instating the soldier in question for the duty, but it other cases it may be a major accusation that can lead to a discharge from the military.

A pass or permission to leave a post is needed for all non-officers who are stationed on duty on a base or in a combat zone. Even if a soldier’s duty is simply to be confined to the barracks, if they are liable for their actions and will be charged with going AWOL if they are not present when a superior officer takes role. If the absence lasts past a certain point of time, usually thirty days, the soldier can be considered to have deserted his post, which is a major offense in military discipline and almost always necessitates discharge from the armed forces. In the instances when a soldier is discovered to have supplied an enemy with intelligence or joined their military, the man or woman will be charged with treason, which is a capital crime that automatically carries the death penalty.

In the history of the United States armed forces, deserters were flogged if found and then tattooed for future reference. Desertion in a time of war in a combat zone is punished by death by firing squad, making it a heavy penalty for going absent without leave. This has not been applied to a US citizen since World War Two, however.

Posted in Military Defense Lawyers FAQ | Tagged , , , , | Leave a comment

What Is Dishonorable Discharge?

Posted on September 19, 2011 by

There are many rewards of serving a long tenure in a military career, ranging from a pension to chance of finding a higher paying job upon retirement.  Yet not everyone exits the armed services in a fashionable and honorable manner.  In the instance when a soldier is seen to have tarnished the image of themselves, their unit, or the military as a whole, they are often expelled from the military with a dishonorable discharge.  What is dishonorable discharge?  As the name suggests, it is the act of a branch of the armed forces cutting all ties with you and discontinuing service.  It is punitive rather than administrative, meaning that further penalties may follow.

There are several levels of discharge from the armed forces.  Simple retirement comes at the end of a longer career; an honorable discharge occurs when a person voluntarily leaves at the end of their commitment or is injured; and a bad conduct discharge occurs when a person is either unfit for duty or has had a negative career with the military.  A dishonorable discharge is the worst of all, as it only follows criminal charges that have been made against a soldier.  These can range from theft or perjury to disobeying a direct order or even committing a war crime.

The most severe dishonorable discharges (known colloquially as a “duck dinner”, due to the alteration) must follow a court martial and a verdict by a commanding officer.  This verdict may be a reaction to a serious crime, such as murder or rape while on duty.  In cases where a soldier has deserted his post or given aid and comfort to the enemy, a court martial will often give the discharging verdict.  It strips the individual of any rank and privileges and may hand them over to civilian authorities for further prosecution.

Posted in Military Defense Lawyers FAQ | Tagged , , , , , , | Leave a comment

Is A Court Martial A Felony?

Posted on September 18, 2011 by

There are many levels and types of military justice action that members of a military service may have to go through. Is a court martial a felony is a question that can only be decided after taking into consideration the level of action that the service member has had to face.

Minor incidents of misconduct involve trial by a summary court established through officers of the same command. Punishments for such misconduct which is a relatively minor offense, more an infringement of service rules, are normally not applicable in civilian life. Punishment can involve confinement, loss of pay, and a reduction of grade.

A special court martial is held for more serious offenses and is a trial by judge and jury all appointed from within the services. Here again punishments are almost the same as for summary courts though periods and stringency may be greater. There is also the possibility of the service member being discharged from the service for the bad conduct.

The procedures listed above may not be considered for crimes that will be considered as felonies in civil law. Felonies involve serious crimes like murder, rape, robbery, arson , perjury, grand theft and damage to property that is above $500. In civil laws such felonies involve long term imprisonment and other strictures. In the case of service members such crimes are dealt with in a general court martial. It is a very serious level of military justice action that involves a military judge and five members of the court. There will also be separate counsel for the prosecution and for the defense of the member. Maximum punishments are decided as per the Manual for Courts-Martial and can even include death. Accused persons can opt for trial by only the judge, though this is never accepted for serious offenses in which the death sentence can be levied.

Posted in Military Defense Lawyers FAQ | Tagged , , , , , | Leave a comment