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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32834
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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would a soldier get discharged from active duty if charged

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would a soldier get discharged from active duty if charged with a misdemeanor in civilian court?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

They COULD get discharged.

The rules give the commander authority to separate a soldier (the Army calls it a "chapter") for misconduct. So it is possible that the commander could discharge. And they do not even need a conviction. Since a chapter is an administrative process, the rules of evidence do not apply and the standard of proof is low. So the could prosecute you based on the charge alone.

Or they can wait for the conviction.

If the sentence is to jail time, or to reporting probation, then you can expect the military will discharge.

If there is no jail time and no reporting probation, then it is possible the commander could decide to not separate. But as I mention, this decision rests with the commander.

As for the flag? The flag will stay in place until this is resolved. There is no time limit for a long as a criminal process is pending a flag will remain

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