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My son has a General Discharge under honorable conditions…

Customer Question
My son has a...

My son has a General Discharge under honorable conditions misconduct serious offense sepration code jkq- in 2012. He like to work in security but is concerned about his past limiting him. What can he do figure out what he is eligible to do in the private or govt?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Not sure what you mean by that? He's been discharged and is worried if he applied for a job, say a Policeman that he may get rejected because of the past and he would never even know why he wasn't accepted.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I guess I would like to know the chances of getting a upgrade on his discharge?

Submitted: 5 months ago.Category: Military Law
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Answered in 8 minutes by:
3/22/2018
Military Lawyer: Marsha411JD, Lawyer replied 5 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,990
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. There is no per se rule that would prohibit any employer from hiring your son. Each employer will make a case by case decision based on the facts of a particular employee's case. So, there could be situations where he will not be selected because of his background, or any other non-discharge related issue, just like any other applicant, but there isn't going to be anything in writing that says he cannot be hired.

That said, if he applies for a job that requires a NAC background check (fingerprints/FBI check), this issue will come up. In other words, it should (if it was entered correctly into the system) show on a background check. The good news is that he apparently did not have a conviction, since you don't mention it. If that is the case, then he wouldn't have to say yes, when filling out a form that asked if he had ever been convicted of a misdemeanor or felony.

You haven't shared what the underlying misconduct was, but that would tend to make the difference in hiring decisions. Drug use or violence is more likely to end up with a non-hire decision, than some other charge like an order's violation or a DUI, assuming his job doesn't include driving.

So, he should go forward with his applications but be prepared to explain what happened in this situation that led to his involuntary discharge.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 5 months ago
He was convicted for a violent(fight with peer) act and accepted a deal. In theory it could translate to a felony but that was in a military setting and I'm not sure I would tell employers that he has a felony, because it's not. It's not the same conviction. So after 5 years is there a chance to get this discharge upgraded?
THX
Military Lawyer: Marsha411JD, Lawyer replied 5 months ago

I'm sorry but you have supplied some conflicting and different information that I need to clarify. A general discharge is not part of a court-martial sentence. Are you saying that your son went to a court-martial but was not given a punitive discharge (bad conduct or dishonorable), but was later administratively processed for the General discharge? Or, are you saying he just went to an Article 15 hearing, was punished and then processed for separation? Please explain the "conviction" part of your statement by answering the above question please.

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Customer reply replied 5 months ago
He was given a choice during his trial or after 1. dishonorable discharge out immediately or 2. go to brig for 6 months and be a general discharge under honorable conditions. He chose option 2. His papers say separation code JKQ - Misconduct (serious offense).
Military Lawyer: Marsha411JD, Lawyer replied 5 months ago

Thank you. I understand the separation and the code. Do you know the specific charge he was convicted of? For example, simple assault, assault consummated by a battery, assault with a dangerous weapon or other means of force to produce death or grievous bodily harm, or what specific Article 128 subsection he was charged with? I ask because that makes a difference in terms of whether it was a misdemeanor or felony. It doesn't matter what is actual punishment was, only what the punishment could be under the UCMJ. Each type of assault can result in a different sentence. Thus my question.

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Military Lawyer: Marsha411JD, Lawyer replied 5 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 22nd. I had sent you a few follow up questions so that I could address your additional questions you added to your original one that I had answered. However, I didn't hear back from you with that information so that I could address those new questions for you.

For some reason we are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. Thus why I am checking with you about that information I requested. If you didn't want to provide that information, that is fine, since I addressed your original question. If that is the case, then if you could take a moment to leave a positive rating of my efforts to assist you, the Site will compensate me.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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