Can you get an honorable discharge after a court-martial?

Commissioned officers cannot be reduced in rank by a court-martial, nor can they be given a bad conduct discharge or a dishonorable discharge. If an officer is convicted by a General Court-Martial, then that officer’s sentence can include a “dismissal.” This is considered to be the same as a dishonorable discharge.

Can a person be discharged without a court martial?

No regulation specifically authorizes retirement in lieu of court-martial; however, no regulation prohibits such action. A retirement-eligible servicemember may not be administratively discharged without the member’s consent. In other words, only a punitive discharge, awarded at court-martial, will divest retirement.

What do you need to know about a court martial?

Court martials pertain to matters of military law. People are tried by court martial for violations of military law, rather than civilian law, although military law encompasses many civilian crimes, such as theft. Most militaries have a code of justice such as the Uniform Code of Military Justice (UCMJ) in the United States.

Can a person be tried twice in a court martial?

The right to defense counsel in a general court-martial or in a special court-martial when the accused may face a bad-conduct discharge; and Protection against double jeopardy — the accused cannot be tried for the same offense twice by court-martial.

How is a dishonorable discharge handed down in the military?

Also referred to as the “Big Chicken Dinner”. Dishonorable A dishonorable discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge. It can only be handed down to an enlisted member by a general court-martial. Dishonorable discharges are handed down for what the military considers

Can a court martial be an administrative discharge?

The Administrative Discharge as a Personnel Decision. On the one hand, this makes sense. A court-martial is ostensibly a criminal justice function and requires proof beyond a reasonable doubt for a conviction. It comes with a criminal record, possible jail time, and, where applicable, sex-offender registration.

Can a dishonorable discharge be handed down by a general?

A dishonorable discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge. It can only be handed down to an enlisted member by a general court-martial. Dishonorable discharges are handed down for what the military considers the most reprehensible conduct. This type of discharge may be rendered only by

How does a bad conduct discharge work in the military?

Unlike an administrative discharge, a Bad Conduct Discharge (BCD) is a punitive discharge that can only be given by a court-martial (either Special or General) as punishment to an enlisted service-member. Bad conduct discharges are often preceded by a period of confinement in a military prison. The discharge itself is not executed until

Can a defense attorney be admissible in a court martial?

Statements made by the accused or defense counsel in connection with the discharge request are not admissible against the accused in a court-martial should the discharge request be disapproved. In most cases, the approval authority for discharge in lieu of court-martial is the appropriate General Court-Martial Convening Authority.