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General Court Martial Questions

A General Court Martial is the highest punishment that is set for each offense under the Manual for Courts-Martial, and can even include death for certain offenses, confinement, a dishonorable or bad conduct discharge for enlisted personnel and many more other forms of punishment. Before a case goes to a general court martial, a pre-trail investigation under Article 32 of Uniform Code of Military Justice is to be performed, unless waived by the accused. Read below where Military Lawyers have provided legal answers regarding top commonly asked questions on army general court martial.

If someone has received a bad conduct discharge with a general court martial because of being mixed up illegal consumption in will this show up on someone’s civil sector also is this known as a felony?

The military does not classify things as “felony” or “misdemeanor” they have what is known as “special” or general court martial. With that being said, the agreement is that a special court martial is similar to a misdemeanor and general court martial is similar to a felony. To be convicted of a general court martial they will need to have gone through or waived the rights to an Article 32, UCMJ hearing. So, they would have been convicted at a general court martial. This should not affect their ability to obtain a job, but it could have some affect to their rights to own a firearm. As to if it will show up on their personal record when doing a background check, it all depends on if it was reported or not to the National Criminal Information Center (NCIC). Normally, the service will enter this kind of information at the time of the sentence, but if they don’t it would not likely show up on their background check, but it will be on their official military record, so if they apply for a job and they ask for a copy of their full record, it will most likely be there.

Why doesn’t an army general court martial conviction show up on a person’s background check?

Most likely because the command did not inform the Criminal Investigation Division (CID) and they didn’t put it in the system. If the Criminal Investigation Division was not involved in the investigation the person wasn’t titled at that time. There would be no record of an arrest or investigation. When the Criminal Investigation Division gets involved in a case, they have a form that is supposed to be filled out by the command and then they input that into the NCIC.

If someone got 9 months at a general court martial is that considered a felony? Also, are they able for work for the federal government?

A general court martial is not necessarily considered a felony. It will all depend on what they were convicted of and the law of the state in which they are living in. As for working for the federal government, they cannot work for the government or the state with a general court martial conviction and the dishonorable discharge. For more information on whether a general court martial is considered a felony or misdemeanor for you specific case, contact an Expert to help you further.

If someone was convicted in a general court martial for larceny and fraud, and the person that accused them of this, wrote a notarized letter stating that they have been wrongly accused. How can they get their conviction reversed?

In this case it will depend on if their appeals with the military are completed. If not, then they could still recognize the issue. That is if they are not too late to petition for a new trial. Another option would be is to petition for a writ of Coram nobis with the military appellate courts.

Is a Special court martial conviction for a violation of AWOL a misdemeanor?

A Special Court Martial can’t convict a person to prison longer than one year, and then it would be considered a misdemeanor under that law. If they had charged a person in General Court Martial, it would be considered a felony, because the potential punishment at General Court Martial for over 30 days, and terminated by arrest is 18 months.

Many times a person in the service performs an action that is against the law, there are punishments for them just as well as there are for those that are not serving. These punishments can be quite confusing for those serving in the Military. Contact a Legal Expert for answers to more specific complex questions needing more understanding insight and answers.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11944
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are Online Now

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent General Court Martial Questions

  • A military servicemen's wife called his commander to report him for domestic violence

    A military servicemen's wife called his commander to report him for domestic violence; the servicemen then threatened suicide and left his post and was later apprehended and returned to his unit and his unit is considering discharging him. He has been depressed and paranoid in the past as well as aggressive to all spouses resulting in problems on his service record. Will the military try to get him mental help before discharging him? The family believes he has mental issues and possibly had because he had a breakdown of sort recently, he has been indecisive, isolates himself and his family and has low self esteem and has been paranoid about every thing saying his family does not love him when he is the one that changes his phone number and address. He currently has to stay in the barracks possibly 60- 90 days as they consider discharging him. Will the military dishonorably discharge him without addressing his thoughts of suicide? If so how long does it take and what are the steps
  • one military lawyer says not to talk to the defense attorney

    one military lawyer says not to talk to the defense attorney and prosecutor. The prosecutor is saying that I have to testify at the article 32 hearing. So what should I do? The lawyer said to keep my shut but prosecutor says that I have to testify at the article 32 hearing then what are my rights about self incriminating myself if certain questions are going to put me on the pedestal? Do i say "I invoke article 31"? Once i say I invoke article 31, will someone try and dig deeper to find out what it is? Then eventually I'm being accused of that crime that i decided to invoke my rights for. The case I'm being asked to testify has no relevance to sexual assault but the defense counsel and prosecutor is questioning me on Fraternization and Adultery.
  • If dishonorably discharged/with military conviction from the

    If dishonorably discharged/with military conviction from the military does this prevent me from using a crossbow and or gun to hunt with in the state of Kentucky. This conviction was 30 years ago. Is there a way to remove this from my record and can I hunt legally
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