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P. Simmons, Military Lawyer
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Punitive Discharge Questions

What is Punitive Discharge?

A Punitive Discharge is a bad conduct discharge that can only be handed out by a court martial to a service member that is enlisted in the military. There are many issues that can arise if a person has had or is facing a military discharge other than an honorable discharge. Punitive Discharge questions are some of the most asked questions online and finding someone who knows the answers to the questions k can be expensive and very time consuming. People can seek the help from the Experts to get their punitive discharge related questions answered. Read below the top Punitive Discharge questions that have been answered by reputable Experts.

How would a punitive discharge article 120 carnal knowledge and article 134 adultery show up on FBI records?

Normally a Bad Conduct Discharge (BCD) wouldn’t show up on a persons report but the charges and conviction would. It would also show up on the persons Dd-214 form and the person would more than likely be asked to provide a copy of the Dd-214 form when applying for a job.

Is it possible for a person’s military retirement benefits be revoked if they were charged with a non-military related felony?

The only way a person could be relieved of any retirement benefits is if the person receives a punitive discharge.

What would the punishment be for a Marine going UA if the person is a student in SOI?

If the UA was for longer than 30 days the person would become eligible for a court martial and a punitive discharge. The person would also lose any Veteran Benefits (VA) if they were discharged with anything less than honorable.

What would a person that is in the Army National Guard Reserves face if they were to go AWOL?

The person would receive a Military Discharge Other Than Honorable characterization which is not as bad as a punitive discharge but it could affect the person’s ability to find word and likely loss of all the persons Veterans Benefits.

Is it possible for a person to get a early discharge without having to do something illegal or serving time?

It is possible to get an early discharge without having to do something illegal or serving time. A person could gain enough weight and fail their Army Physical Fitness Test (APFT) they could also claim to be a conscientious objector. Another way is to show homosexual tendencies. Each of these ways could take a great deal of time and if the military found out you were gaining the weight to get out of the military you could face some negative consequences.

Punitive Discharges are a Bad Conduct Discharge (BCD) and can only be handed out by a court-martial as a punishment to a person enlisted in the military. The punishments from a military punitive discharge other than honorary are usually military imprisonment and the forfeit of all Veteran Benefits. When faced with punitive discharge complications and questions many people are unsure of who to ask or where to turn. If you have any questions about punitive discharge or military discharges other than honorable you could ask a Military Lawyers for fast and affordable answers to all of your questions.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11871
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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Recent Punitive Discharge Questions

  • My ex spouse got awarded 17.2 % of my retirement pay prior

    My ex spouse got awarded 17.2 % of my retirement pay prior to my eligibility. since my divorce i got promoted can she be part of my promotion or the $ amount stop at my pay grade at the time of the divorce was finalized. Can i go back to court and dispute this?
    Thank you,
    Erwin
  • My ex is receiving 33% of my retirement pay, she got remarried

    My ex is receiving 33% of my retirement pay, she got remarried today and had promised to stop this upon remarriage if not will this work for me. She was married to a Man in the PI many years ago and never divorced him making all marriages after that illeagle, 3 of them. I have a copy of her 1st Marriage cert from the PI and he is still alive. Divorce is not permitted in the PI.
  • I am re-writing previous question. I have a client whose son is an officer of Marines.

    I am re-writing previous question.
    I have a client whose son is an officer of Marines. The son brought suit to remove his father as trustee of father's revocable living trust, paying his attorney's retainer with dad's credit card which he had been authorized for use by Dad for use to travel home, rent car and the like. Article 121 issue?
    Son also used Dad's air mile account for personal travel not related to coming home. How do I subpoena travel claims for the unaccounted-for travel to determine if he used miles for govt. travel?
    Dad loaned $60,000 to son as son has underwater mortgage on CA home and other debts which son told Dad might affect his ability to keep security clearances (according to Dad.) To what extent may his command be involved in the collection of the debt without violating Fair Debt Collection Act and, perhaps, the Soldiers and Sailors relief Act.
    Paul B. Paskey, Esq.
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