A dishonorable discharge causes a service member to leave the military under less-than-favorable circumstances. A service member could potentially be denied certain benefits as a result of a dishonorable discharge, including education debt relief and VA benefits.
Naturally, military members want to know what they should do first if they are facing the possibility of a dishonorable discharge. Here is what you should know about the process, your rights and the steps you can take to protect yourself:
Understand the court-martial process
A service member could face a dishonorable discharge after a general court-martial. A general court-martial is the highest level of military judicial proceeding. The court-martial process investigates serious criminal charges against a service member, including:
- Murder
- Fraud
- Desertion
- Treason
- Sexual assault
If the military judge finds a service member guilty of their crimes after a trial, the service member could face maximum sentences, including life imprisonment and dishonorable discharge. The dishonorable discharge means that they lose their veteran’s benefits and the right to own firearms — and it can also mean permanent difficulty finding future employment.
Gather evidence to counter negative claims
It’s important to remember that charges don’t equal a conviction. During a general court-martial, the service member can present evidence to defend against charges, including video recordings and witness statements. The service member can argue their case before a military judge and, typically, a panel of service members.
To protect yourself, exercise your right to legal counsel immediately. An experienced advocate can challenge the evidence, identify procedural errors and even present mitigating factors that could lead to a lesser sentence or discharge characterization. Pre-trial agreements and plea negotiations may also reduce penalties and avoid a dishonorable discharge.
Appealing a dishonorable discharge
A dishonorable discharge can severely harm a military member’s future and stain their record. There are very few options after a service member is given a dishonorable discharge. A dishonorable discharge does not normally expire from a service member’s record. Typically, a dishonorable discharge stays on a service member’s record for life.
There are ways to combat a dishonorable discharge and receive VA benefits. A service member could successfully defend against charges during a court-martial. Alternatively, a service member can appeal the outcome of a court-martial or request a military discharge upgrade to receive benefits. Professional legal guidance can help service members protect their rights.