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Summary Court Martial

Since military law is much different than civilian law, many criminal charges are often tried by summary court- martial. Summary courts martial trials tend to lead to people wondering and asking what a summary court marital is and what is the summary court martial maximum punishment? Most people don’t know what their legal options are when dealing with army summary court martial or navy summary court martial laws. Listed below are five of the Top Summary court martial Questions.

If someone plead guilty at a summary court martial for a minor, and if summary court martial are for minor offenses, will that offense show up on a background check and will civilian personnel be able to access the party’s military records?

A summary court martial will not appear on the individual’s criminal record. Although, it will appear on the individual’s military record, the same way as Article 15 would. As for an employer having access to an individual’s military record, that depends. Some are happy with you DD124. Others will want you to give them a waiver to access the entire record.

Can someone be employable if he/she is facing summary court martial charges for AWOL (Absent without Leave) or would they be disqualified for employment within the Army?

Whether or not US Marshalls would employ the individual if he/she had a Summary court-Martial sentence would be addressed by the administrative employing regulations of the Marshalls Service. In most situations this would not be a military law question, but would be an employment law question. However, the Lawyers on JustAnswer can provide answers to many military law and other law related topics.

If someone signed a fast track summary court martial, what really does it mean and how long does the Other Than Honorable (OTH) usually take when they are a marine?

It is up to the persons command. The OTH can sit on it if they like. Typically after the person has a signed waiver the OTH will process the form quickly. It can be done in two weeks or less. However, the person must not get into legal trouble or the OTH could retract the fast track summary.

Can someone be held on a deployment because of a summary court martial via verbal threats from the commanding officer?

It is unlawful to threaten a person into accepting an Article 15 or summary court-martial. He/she should talk to the attorney’s at Trial Defense Service and they can complain to the Inspector General. If they make such a complaint they should try to have the names of reliable witnesses.

If someone is an E-1 in the Air Force and is facing a summary court martial, what is the maximum punishment someone could receive?

In most cases, it could provide the highest punishments of thirty days incarceration or hard labor with no incarceration for forty-five days, restriction to specified limits for forty-five days, forfeiture of two-thirds pay each month for one month, and reduced to the lowest pay grade to where the individual is already at that point.

Summary court martial procedures are just one of three different types of court martial’s. Since Military Law states that anyone that takes a summary court martial cannot be represented by an attorney, military legal questions often go unanswered. If you or someone you know is facing an Army summary court martial, ask the Experts for helpful insight.
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Recent Summary Court Martial Questions

  • I went through a summary court martial and was busted down

    I went through a summary court martial and was busted down in rank and served a 10 day sentence in the Marine Corps Brig. I served the rest of my contract and I was released with a Honorable Discharge and currently receiving 60% disability from the DAV. Will it show up on a background check when I am applying for a U.S. Customs job?
  • I went AWOL from the army in September of 2013. I now realized

    I went AWOL from the army in September of 2013. I now realized that i made a huge mistake and actually want to complete my contract. i completed OSUT at Fort Benning in may 2013 and was stationed at fort hood. Will i be able to complete my contract after i turn myself in? Also is there any chance of the army changing me from active to reserve? Any help would be really appreciated.
  • About three years ago I was given an order to tell a soldier

    About three years ago I was given an order to tell a soldier to perform an act (skip a doctor's appointment and clearing) in order to stand in a class a inspection. This was after the soldier was told for two weeks he was exempt, and then the day prior to the inspection I was instructed to tell him he had to stand in the class a inspection. The soldier was 6 days out from ets and had already mailed his class a's home. The post policy at the time was 10.duty.days to clear... I was recommended for a FG art.15 which I demanded a trial. A couple months later I was preferred charges in a summary court martial with the max punishment listed as reduction in rank one grade and forfeiture of money...

    I'm scheduled to go in front of ABCMR board middle of next month with the intentions of getting my discharge upgraded from general and to have my narrative changed to Secretarial authority...

    My justification for this will be impropriety in that I did not qualify for the chapter.10 because the court martial did not have the authority to impose a punitive discharge...

    My equity argument for the character upgrade will consist primarily of my service record. Airborne, Ranger tabbed staff sergeant with a CIB, EIB, two combat tours in Iraq, 1-1 ncoers, and other attaboys along the way...

    My main question is how far do you think the impropriety argument is going to get me. Do you know of anything others have done successfully with a chapter 10 discharge?

    I think I'm going to be sitting alright on the character upgrade, but the narrative is my biggest concern. Had I ever been informed along the way that with a chapter 10 comes an automatic RE4 I never would have done it. It makes since now but at the time I thought it was based upon your character, and thought I'd at least get a 3...

    Any thoughts would be appreciated
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