FAQ

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Yes, it is possible to appeal or request an upgrade of your discharge status, particularly if it was other than honorable. The process involves submitting an application to the Discharge Review Board (DRB) or Board for Correction of Military Records (BCMR). A successful upgrade can lead to reinstating benefits such as healthcare and GI Bill eligibility.

An attorney specializing in military law can help guide you through the process and improve your chances of a favorable decision.

The military discharge process involves several steps, including:

• Notification of discharge: The service member is informed of the impending discharge, which may be voluntary or due to misconduct or performance issues.
• Separation board: In some cases, a board of officers will decide whether to discharge the service member or retain them based on their conduct.
• Final decision: Depending on the discharge type (honorable, general, other than honorable, or dishonorable), the service member’s separation will be finalized.

Consulting a defense attorney is essential to ensure the discharge is handled appropriately and to explore options to upgrade your discharge status if needed.

Preventing a court-martial generally begins with early intervention and effective legal counsel. Here are some ways to potentially avoid a court-martial:

• Seek legal advice immediately if you are under investigation.
• Explore alternative resolutions such as Article 15 or administrative separation, which may be preferable to a court-martial for minor offenses.
• Negotiate a plea deal or favorable settlement if the evidence is strong against you.
• Ensure your rights are protected during the investigation and trial process.

An experienced military defense attorney will assess the situation and guide you in choosing the best course of action to prevent the escalation of charges.

A clemency request is a formal appeal submitted to a convening authority or military appellate court asking for leniency or reduction of a court-martial sentence. Clemency may be requested for various reasons, such as showing remorse, presenting new evidence, or citing personal circumstances that justify a reduced sentence. A skilled attorney can help craft a clemency request that presents the strongest case for a reduced penalty.

The Judge Advocate General (JAG) is the senior legal officer in each branch of the military, overseeing all legal matters within that branch. JAG officers serve as both prosecutors and defense attorneys in court-martial cases and provide legal advice to commanders on military justice issues, including investigations, courts-martial, and military policy.

JAG officers are responsible for maintaining the integrity of the military justice system, and they may represent either the prosecution or defense in specific cases depending on their role.

Yes, a civilian attorney who specializes in military law can represent you in a court-martial. A civilian attorney can provide valuable expertise and individualized attention to your case. While you are entitled to a military defense attorney at no cost, many service members choose to hire civilian counsel for their specialized knowledge and experience with military justice matters.

If you are found not guilty in a court-martial, the charges are dismissed, and you are acquitted. In this case, there are no penalties, and you will resume your duties without any criminal record related to the charges. However, the process can still affect your career due to the stress of the investigation and trial. It’s crucial to consult with an experienced military defense attorney to ensure the most favorable outcome possible.

A Dishonorable Discharge is the most severe form of punitive discharge from the military, issued only as part of a sentence in a court-martial for the most serious offenses under the Uniform Code of Military Justice (UCMJ). Crimes warranting a dishonorable discharge include murder, sexual assault, desertion, or other acts deemed egregious and incompatible with military service.

A Bad Conduct Discharge (BCD) is a punitive discharge imposed following a conviction in a general court-martial. It is less severe than a dishonorable discharge, but it still has significant consequences. Individuals with a BCD often lose military benefits, including health care, pension, and eligibility for Veterans Affairs benefits. A BCD can make reintegration into civilian life more difficult, as it may harm your reputation and employment opportunities.