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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.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
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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2 Military Lawyers are Online Now

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Ask follow up questions if you need to.
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    Rate the answer you receive.

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 Summary Court Martial Questions

  • Recommendation for company grade article 15. I am a specialist in the Army. No prior disci

    Recommendation for company grade article 15. I am a specialist in the Army. No prior disciplinary actions, a couple awards, and a deployment. I have 3 years six months TIS. I am set to ETS in 6 months. I have been read an article 15 for violation of Article 91 of the UCMJ.
    The incident was over my refusal to take part in a detail. My squad leader told me to bring a set of keys to another NCO and I did so. Upon arriving I gave that NCO the keys. He then asked me if I was on the detail with him and I said "no, I'm not on this stupid detail" and he said okay see you later. I then returned to work and was never once asked about the incident or corrected or anything until I was counseled the next day. It said I told the NCO I wouldn't do the detail.
    The only issue I have is no one was present to be a witness. Should I accept Article 15 format and then argue my case or try my luck with an impartial SCM.
    Also I cannot extended for this I am etsing in six months
  • I enlisted in the navy in December of 1963. I served aboard

    I enlisted in the navy in December of 1963. I served aboard the USS George K. Makenzie DD 836 stationed out of Japan. Our ship escorted several different Air Craft Carriers for duty off the coast of Vietnam and we participated in shelling the Vietcong with what the spotter referred to as Willie Peters. On those occasions I loaded the powder cases prior to shells being loaded. I was a deck hand who of course served on watches both for and aft. I did have some minor offenses while abroad but never AWOL or missed a ship's movement. Upon returning to the US in December of 1966. I had 68 days of leave due me on the books. There was a push at the time for reenlistments. I was told I could have 7 days leave unless I would agree to reenlist. At the time I would lose one day as it could not be carried over any longer. I was not interested in reenlisting so I took the 7 days. Being young and stupid I met a girl and went AWOL. I believe had I been able to take enough of the leave due me I would have visited my home and family in Michigan and would have returned to duty on time for the rest of my duty. I received a Summary court martial and was told by an ensign from my ship to not say anything at the court martial and I would return to the ship. I was given 30 days and an undesirable discharge. I have been married to the same woman for 45 years, I have adopted two children and raised them along with 3 of my own. I retired from ford after 38.8 years. I have many signed diplomas from the Marines for my actions supporting Toys for Tots. I became a Journeyman Machine Repairman, and got an Associate Degree in CNC Numerical Control. I was elected a UAW Skilled Trades Representative for two 3 year terms and then was elected Plant Chairman for 3 consecutive terms by my peers. The embarrassment of the discharge bothers me even today. I have my discharge papers. I was of course notified at the Summary Court Martial that I had no rights or benefits due me as a result of my discharge. BTW I did turn myself in ending the AWOL. I am active in politics. I am truly sorry for my making a bad judgment but I also feel I was treated unfairly and had I not been told to not speak at my court martial I could have at least explained the denial of the leave that was owed me. I have my records that prove I did not have any leave for that 2.5 years after boot camp leave. Is there any chance to reverse or improve the discharge after all this time? I did write in after my discharge along with my pastor but a reply came signed by an ensign that I was denied. Thank you in advance.
    BTW my ship was in dry dock at the time of the AWOL.
    *****@******.***
  • Im applying for an armed security guard school and will then

    Im applying for an armed security guard school and will then apply for the licenses afterward or during the course. Now, my question is I was in the Marines and had a summary court martial. But when I did a background check through the NCIS, if I spelled that correctly, nothing shows up in my records. Will I have a potential problem when it asks if I have a felony or misdemeanor and I say no?
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