Military Dishonorable Discharge
What is a dishonorable discharge?A dishonorable discharge from the military is the act by which a service member is alleviated from all unfulfilled military duties because of acts of disgraceful conduct of the worst caliber including but not limited to as murder, sexual assault, desertion or conduct that does damage to the integrity of the military. Dishonorable discharges are a sentence handled by the general court martial proceedings.
Is there any way to revert an Absent With Out Leave (AWOL) to a dishonorable discharge?In most situations, if this was more than twelve years ago, then the odds are extremely poor, more probable nothing, to revert an AWOL charge to a dishonorable discharge. If it was less than 12 years ago, he/she can appeal to the Discharge Review Board for the person’s specific service. He/she will need facts to support interests of justice, and usually the discharge would be upgraded
Can someone be tried in Military court as well as civilian court for AWOL with a dishonorable discharge?The dishonorable discharge is not a civilian criminal law, so this would not be a conviction for civil courts. However, many times the conviction that leads to the dishonorable discharge can be tried in both military courts as well as civilian courts.
Is a bad conduct discharge the same as a dishonorable discharge. Is a dishonorable discharge a felony?No , a bad conduct discharge and a dishonorable discharge are both punitive discharges, but a dishonorable discharge (DD) can only be awarded at a general court martial, it is more severe than a bad conduct discharge. In both cases the person will lose the majority of their Veteran Affair benefits. But with a Dishonorable discharge their chance of getting any benefits is very slim. A dishonorable discharge is the most severe discharge the military can give to an enlisted person.
If someone was given a dishonorable discharge 30 years ago for a drug possession charge, is there a way to get it changed to anything other than Honorable discharge?A dishonorable discharge can only have come from a general court martial. General court martial decisions cannot be reviewed by either the upgrade board or the military corrections board. There was an appeal period, which applies to all general court martials, which is well passed.
Having a dishonorable discharge can affect a person’s life in and out of the military. For instance having this type of blemish on one’s record could cause loss of voting rights in the civilian world as well as, the person may lose all veterans benefits, including unemployment insurance, retirement income and medical care, that have accrued during the duration of service. Because medical care is often necessary for those who have served combat duty and comes without expense, this can be a devastating consequence. Often there is a social stigma to having a dishonorable discharge. If you or someone you know is facing these types of charges or issues and you have questions, you can ask an Expert to get fast insightful answer.