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I am trying to determine , does the BCD I received is considered

a felony. On Sept 5, 1991...
I am trying to determine , does the BCD I received is considered a felony.

On Sept 5, 1991, I was found guilty of (2) charges: Vio of UCMJ Art 92 and 121

Pleady not guilty to both, Sentence to reduction in rank to E-1, forfeit $100.00 pay for four months, to be confined for 120 days; and be discharged w/ BCD.

Action Taken: on Oct 3, 1991 sentence was approved and, except for that part of the sentence extending to a BCD were executed. I only was confined for 81 days and the excess was suspend for one year.

On May 8, 1992, Art. 71(c), of the UCMJ was complied with and BCD executed.

I enterd the service in Sept 1978, except for the last enlistment period (3) years,
I recevied (3) honorable discharges covering (12) years.

Would the above charges constitute a felony and, can I appeal for upgrade of discharge. Sir.
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Answered in 5 minutes by:
5/25/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,549
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. Can you tell me if you were tried at a special court-martial or a general court-martial? Are you asking two questions, one about the felony and one about an upgrade?

I will be in and out of my office today, but I will reply to your response as soon as I am available.
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Customer reply replied 4 years ago

Hi, Marsha.


 


The BCD was by Special Court - Martial, I'm mostly concern with the issue of it being a felony. weather my rights are affected.


 


I've in the past and present been on jury duty, voted, but have concerns about applying for a permit.

Hello again Willie,

Thank you for the additional information. By definition a Special Court-Martial is a limited jurisdiction forum. What that means is that the maximum imprisonment possible for a SPCM is one year (actually six months when you were convicted.) That means that it is not a felony court, it is a misdemeanor court since no crime can result in imprisonment of over one year, which is what is required in order for it to be considered a felony. Had you been tried at a GCM, then because the crimes you were charged with could have received more than a year sentence (even if that is not what you were to get), then those would have been felonies. But because you were tried at SPCM you have a misdemeanor conviction. So, that is good news.

Please let me know if you have any related follow up questions. I am leaving my office for a bit, but I will get back to you as soon as I return if you do.
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Customer reply replied 4 years ago

Marsha,


 


Knowing this is great news, thus far. My next question related to the BCD is it considered a dishonable discharge.


 


The reason for my questionong involves applying for weapons permit in GA.


 


GA law will not permit individuals that have been discharged from military service with a dishonable discharge.

Hello again Willie,

No, a DD is a completely different discharge and can only be awarded as a result of a General Court-Martial for certain crimes. Your discharge is a step down from that and is a Bad Conduct Discharge and not a DD.
Marsha411JD
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