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Bad Conduct Discharge

A bad conduct discharge is a discharge that can be given in a court-martial. It is given as a punishment to enlisted members in the defense services. In some cases, it is followed by imprisonment for a period of time. The Experts can answer your questions about bad conduct discharge, bad conduct discharge benefits, bad conduct discharge consequences and other issues related to the military law.

Experts answer a lot of questions about bad conduct discharge. Given below are the top questions related to the issue.

Can an Airman, who has been given a Bad Conduct Discharge (BCD), overturn this decision?

If an airman receives a bad conduct discharge, they will also receive an automatic review by the service court. If this review is not in the individual’s favor and the BCD is executed, then the individual may request the Air Force Board of Corrections for Records to upgrade the discharge. This can be accomplished only if the individual gives a strong reason to prove that the BCD was an inappropriate decision.

Can an Individual with a Bad Conduct Discharge serve Jury Duty on a Federal Jury?

If an individual receives a bad conduct discharge from a special court-martial, then the decision may be regarded as a misdemeanor. A conviction of a federal misdemeanor does not prevent an individual from serving on a jury. He/she can serve on a jury either in a state or federal court.

Can a person with a Bad Conduct Discharge own a gun?

If the bad conduct discharge was given at a court-martial with more than one year of imprisonment, it may be considered as a felony. In such cases, an individual will not be permitted to own a gun.

Can a BCD with a Criminal General Court-Martial be upgraded?

If the general court-martial was a criminal general court martial, it cannot be upgraded. The decision cannot be reviewed by any board. However, the individual can request for a presidential pardon or go through a clemency board. If the clemency board does not change the decision, then the decision cannot be upgraded without a presidential pardon.

Will a Bad Conduct Discharge from the Marine Corps have an impact on an individual’s employment in non-military companies?

Whether a bad conduct discharge from the Marine Corps impacts an individual’s employment chances depends on where the individual is seeking employment. If he/she is applying for a government job or a job in a large corporation that knows the significance of a discharge, it may affect the employment chances. However, the individual may appeal to the Board of Corrections for Naval Records for an upgrade in the form of clemency.

Will a Bad Conduct Discharge from a Special Court-Martial be considered a felony?

A bad conduct discharge from a special court-martial may not be considered a felony. In most cases, a felony is a crime that allows a punishment of one year or more. A special court-martial allows for a maximum punishment of one year or less.

It is important for individuals who get a bad conduct discharge to know as much about it as possible. Experts can provide information about bad conduct discharge and its details. Ask Experts for information about bad conduct discharge, military discharge, court-martial and other military law related issues.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11862
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Bad Conduct Questions

  • Hello, my son is currently in the Army basic training at Fort

    Hello, my son is currently in the Army basic training at Fort Benning, GA. He has incurred some serious injuries from his basic training regiment. He has (4) femoral stress fractures. They sent him home on a 30 day convalescent leave and when he returned he was still not recovered sufficiently to start back up in training. They pulled him from his original battalion and moved him to a temporary recovery unit for another 3-4 weeks. He was sent back into basic training with another unit and only lasted a week or so and the injures were still not recovered enough to continue. They have pulled him again and he is getting conflicting information from different people on he base. They have talked about a possible medical discharge or an "early separation". My son had NO prior medical conditions before he went into basic training, he did not play sports as a kid and has never had ANY issues medically. I am concerned if he is medically discharged what will happen to him? He will need medical care...will the Army provide this? He will probably have a disability to continue working in other fields as a civilian as he can't even stand for more than 15 minutes...is there disability available to him? What are the ramifications of an early separation versus a medical discharge? I feel like he needs some legal help so he can make the right choice for his future. He would love nothing more than to continue in the Army, but I am not sure if he leaves ow if he will have the opportunity to re-enlist at a later time if he can fully recover. I am also feeling that if the Army broke him then they need to take care of him (medical coverage and compensation for disability/injury) and help him figure out what he can do for the future.
    He needs to know what his rights are ASAP before he is bullied into making a choice without any realistic information. Please Help!
    Vicki
  • Can a retired officer administer the oath of enlistment

    Can a retired officer administer the oath of enlistment
  • How do I request a medical evaluation board before my ETS date

    How do I request a medical evaluation board before my ETS date in 120days?
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