How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34754
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

Was discharged in 1970 from Marine Corp due to AWOL. Have

This answer was rated:

Was discharged in 1970 from Marine Corp due to AWOL. Have Undesireable Discharge for the good of the service. Is this a felony?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

No sir. That is NOT a felony. In fact it is not a conviction at all.

An Undesirable Discharge (UD) was the precursor to the current "Other Than Honorable" conditions discharge (OTH). It is a less than honorable characterization, and typically results in loss of VA benefits. But it is not a felony conviction.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 4 years ago.

I applied for a CCW and was denied because the prosecutor did a background check and he said that I have a charge of deserter and that this is a felony even through I was discharged for the good of the service. I went to a court marshal, was sentenced to the brig and about 3 months later was discharged in 1970. Is this considered a felony being AWOL?


That depends on the type of court.

THere are two types of courts martial.

Special courts martial, which are the equivalent of a federal misdemeanor court.

General courts martial, which are the equivalent of a federal felony

If your court martial was a general court? You have a felony conviction

If the court was a special court? It was a misdemeanor.

Consider requesting your records. You can get them here

They will state what type of court you went to.