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PhilCave
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1069
Experience:  33 years military law experience.
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under what resaons can the army discharge me after getting

Resolved Question:

under what resaons can the army discharge me after getting a misdurmeanur assulat on a female that was trialed in civilian court and what can i do to stop from getting kicked out of the military
Submitted: 7 years ago.
Category: Military Law
Expert:  PhilCave replied 7 years ago.
Was this considered a domestic violence charge?
Customer: replied 7 years ago.
im not quite sure it was a plee bargen for a felony charge ( the charge i will not post on here because i dont know if this site post everything for eveyone to see) but the whole trial was in civilain courts
Customer: replied 7 years ago.
i will give the information because it might be of some help i was charged with a felony of a report of me attemping to rape a female minor then the DA changed it to a felony charge of indescent liberties with a minor i was given a plee bargen of a mistormeanor charge of assualt on a female now the army is waiting for a general to make up his mind wether to give me a letter of repromand or seperate me from the army they told me this and it halted me from out processing from my current duty station and from military training i requested in a reenlistment contract im due to report today before midnite and i dont know much about military law
Expert:  PhilCave replied 7 years ago.
OK, thanks.
I think the answer is yes, the Army can seek to separate you.
The first step they have to decide is whether the offense for which convicted could warrant a BCD if it was prosecuted at court-martial. To that the answer is yes. If you were prosecuted for indecent liberties with a minor and convicted at court-martial the potential sentence could include a BCD. The interesting issue is that with the plea bargain an assault and battery is what's left. An assault and battery can result in a potential maximum of a BCD and 6 months confinement at court-martial, more if it's an indecent assault or acts.
If they do decide to separate it will depend on what type of characterization they seek.

If they go for a general discharge, then your rights are limited to submitting a written rebuttal for consideration.

If they go for an OTH, then you have, and I would recommend you elect, a right to a hearing. At that hearing you can have legal counsel, call witnesses, present evidence, and make a statement. All of that is with a view to persuading the board to recommend retention or a better discharge. You should elect a board. If you don't you'll get the OTH AND that will prejudice you later if you try to upgrade the discharge.

Hope that answers the questions.

Sincerely.
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