Understanding the Context of Military Service
Military service is governed by its own unique legal system, distinct from the civilian court system. This is an important point to consider from the outset, as it plays a key role in understanding the nature of a dishonorable discharge and the nature of its connection to civilian criminal law. This separate system, called the Uniform Code of Military Justice (UCMJ), oversees legal proceedings and disciplinary actions within the armed forces.
The military expects a high standard of conduct from its members. Enlisted personnel and officers are expected to adhere to regulations, orders, and ethical standards. When these standards are violated, the UCMJ provides a framework for addressing the misconduct. The severity of the alleged offense and the circumstances of the case determine the type of disciplinary action taken.
What Exactly Is a Dishonorable Discharge?
A dishonorable discharge represents the most severe form of separation from the military. It is reserved for the most egregious acts of misconduct, reflecting behavior considered fundamentally incompatible with continued military service. This type of discharge signifies a significant breach of trust and a complete lack of respect for the military’s values.
The process of issuing a dishonorable discharge is far from simple. It is a consequence that only a General Court-Martial can issue. A General Court-Martial is a formal military trial, akin to a felony trial in the civilian system, and is the only court that can impose such a severe outcome. This level of judicial scrutiny underscores the seriousness with which the military treats the decision to dishonorably discharge a service member.
Some of the serious offenses that may lead to a dishonorable discharge include:
- Serious Criminal Acts: Conviction for serious crimes like murder, rape, aggravated assault, or other violent felonies, whether committed within the military or civilian life, can lead to this severe discharge.
- Desertion: Abandoning one’s post or duty station with the intent to remain away permanently constitutes desertion and often carries severe consequences, including dishonorable discharge.
- Fraudulent Enlistment: Enrolling in the military through deception, such as providing false information or concealing a criminal record, can result in a dishonorable discharge.
- Espionage and Treason: Acts of espionage, revealing classified information to the enemy, or betraying one’s country are considered among the gravest offenses and can lead to dishonorable discharge.
- Acts of Disloyalty: Showing a serious lack of loyalty to the United States, such as openly supporting its enemies, can result in a dishonorable discharge.
- Drug Offenses: Serious drug offenses, including the manufacture, distribution, or sale of illegal substances, can lead to a dishonorable discharge.
- Other Serious Offenses: Actions that are inherently against military regulations and expectations.
The Other Types of Military Discharge
To fully understand dishonorable discharges, it’s useful to consider the other types of military separations. Each type of discharge carries its own set of consequences and affects a veteran’s eligibility for benefits and future opportunities.
- Honorable Discharge: This is the most desirable type of discharge, awarded to service members who have performed their duties satisfactorily and met the standards of conduct expected. It opens the door to the widest range of benefits and career opportunities.
- General Discharge: A general discharge is given when a service member’s performance or conduct has been satisfactory but not exceptional. It may indicate some shortcomings or minor disciplinary issues. While less severe than a dishonorable discharge, it can still affect access to some benefits.
- Other Than Honorable (OTH) Discharge: An OTH discharge is issued for significant misconduct, but not severe enough to warrant a dishonorable discharge. It is frequently issued when a service member engages in misconduct, but has not committed any serious offense. An OTH discharge often leads to a loss of most veterans benefits.
Dishonorable Discharge and Felony Status: The Key Distinction
Now, let’s directly address the central question: Is a dishonorable discharge a felony? The answer, in its simplest form, is no. A dishonorable discharge itself is not a felony. It is an administrative action taken by the military, a separation from service. A felony, on the other hand, is a serious crime punishable by imprisonment for more than one year in a civilian court. The two systems – the military and civilian – operate separately, with distinct legal processes.
However, the relationship between a dishonorable discharge and felony convictions is complex. While the discharge itself isn’t a felony, the underlying actions that lead to a dishonorable discharge *often* involve crimes that *are* felonies. The military court might have based its decision to grant a dishonorable discharge on the same actions that would result in a felony conviction in a civilian court.
For instance, if a service member is convicted in a Court-Martial of armed robbery, which is a felony, the Court-Martial could order a dishonorable discharge. Or, if a service member is convicted of a felony, a civilian court could grant a dishonorable discharge. The dishronable discharge itself is not the felony, but rather the result of underlying felonious actions that would have a felony conviction.
The Connection Between Dishonorable Discharge and Felony-Level Offenses
To further clarify, let’s examine how a dishonorable discharge connects to felony-level offenses. The following are some of the most common instances where the connection is significant:
- Violent Crimes: Cases of aggravated assault, domestic violence, or murder would probably result in a dishonorable discharge. These offenses almost always carry felony charges in civilian courts.
- Theft and Fraud: Embezzlement, financial fraud, and other forms of theft are considered felony offenses. If a service member is convicted of such crimes, they will likely be dishonorably discharged.
- Sex Offenses: Sex crimes, such as sexual assault, rape, or child molestation, are considered felonies with severe consequences, including a dishonorable discharge.
- Drug-Related Crimes: The production, distribution, or trafficking of controlled substances is a federal felony. Military members convicted of these crimes will also be subject to a dishonorable discharge.
- Crimes Against National Security: Actions like espionage, treason, or sabotage are always considered felonies, and the accused will be charged in both civilian and military courts.
The Critical Distinction: Administrative Action vs. Criminal Conviction
It’s crucial to understand that a dishonorable discharge itself is not a criminal conviction. It’s an administrative action by the military. The military’s actions are distinct from the actions of the civilian court system. The UCMJ provides a framework for addressing misconduct and conducting trials (Courts-Martial), but a dishonorable discharge doesn’t automatically trigger the same legal consequences as a felony conviction in a civilian court. This is also important to understand in context to the double jeopardy protection.
While the military might decide to give a dishonorable discharge, the person may also face charges in civilian court if the underlying offense also breaks civilian laws.
The Significant Consequences of Dishonorable Discharge
A dishonorable discharge carries a host of severe implications. The consequences extend far beyond the loss of military service. They impact almost every facet of a veteran’s life.
- Loss of Veterans’ Benefits: Perhaps the most immediate and significant consequence is the loss of veterans’ benefits. This includes:
- GI Bill: The ability to use the GI Bill for education benefits, effectively eliminating the opportunity for financial aid for college, vocational training, and other educational pursuits.
- VA Healthcare: Complete loss of access to the Department of Veterans Affairs healthcare system, meaning no medical or mental health care through the VA.
- VA Home Loans: Veterans are not eligible for home loans offered through the VA, which are often more favorable than conventional mortgages.
- Burial Benefits: Eligibility for burial in national cemeteries, including military honors, are lost.
- Other Benefits: Some forms of financial aid and other veterans’ services may be inaccessible.
- Challenges in Finding Employment and Career Limitations:
- The stigma associated with a dishonorable discharge can make it extremely difficult to secure employment. Many employers, including government agencies and security firms, will not hire those with a dishonorable discharge.
- It limits career opportunities. Professionals in fields like law enforcement, security, or government service would likely be disqualified.
- Finding employment will be harder because many employers conduct background checks as part of the application process.
- Legal and Personal Ramifications:
- Restrictions on Gun Ownership: A dishonorable discharge often results in the loss of the right to own firearms under federal law.
- Travel Restrictions: Restrictions on travel to certain countries may occur.
- Social Stigma: It can result in social isolation and difficulty in forming relationships.
The Rights to Appeal and Seeking Relief
Although a dishonorable discharge is a significant penalty, there are options for review and potential relief:
- Appeal to the Discharge Review Board: Military veterans can apply to the Discharge Review Board (DRB) for a review of their discharge. The DRB will review the circumstances of the discharge and determine if it was fair or if there is a reason to change the characterization of the discharge.
- The Board for Correction of Military Records (BCMR): This board has the authority to correct military records, including discharge decisions. It can be used to change the characterization of a discharge, even if the DRB has previously denied relief.
- Legal Assistance: Service members and veterans can seek legal assistance from various sources, including veterans’ organizations, legal aid societies, and private attorneys specializing in military law. Seeking legal counsel is especially important if there is a reason to believe that the discharge was the result of legal misconduct or procedural errors.
- Possible Reasons for Appeal:
- There might have been a procedural error in the original military trial.
- New evidence that wasn’t available at the time of the discharge may have come to light.
- The military court failed to follow the appropriate procedures.
Dishonorable Discharge and the Overlap with Felony Conviction
When an individual’s actions warrant a dishonorable discharge, and those same actions lead to a felony conviction in a civilian court, the legal complexities increase.
- Overlapping Consequences: In addition to losing veterans’ benefits and other consequences of the discharge, a felony conviction brings with it a host of additional penalties:
- Incarceration: The individual may face a lengthy prison sentence.
- Fines and Restitution: The individual may be forced to pay significant fines, including restitution to victims of the crime.
- Criminal Record: The individual will have a criminal record, which can create barriers in employment, housing, and other opportunities.
- The Double Jeopardy Protections: If the underlying behavior has both military and civil legal implications, the Fifth Amendment to the United States Constitution protects individuals from “double jeopardy,” meaning they cannot be tried twice for the same crime by the same sovereign.
- In the context of a dishonorable discharge and a civilian felony conviction, double jeopardy typically applies when there is a criminal trial and the government, either state or federal, decides to proceed with a case against the accused. If a court has determined that an individual is guilty of a crime, and the case is appealed and upheld, then the government cannot bring another criminal prosecution.
Conclusion
In summary, while a dishonorable discharge is not a felony in itself, it’s crucial to recognize the intricate relationship between this severe military punishment and the potential for felony-level offenses. Dishonorable discharges represent the most serious separation from military service and are reserved for the most egregious misconduct. The actions leading to the discharge may be classified as a felony in civilian law. The repercussions, including loss of benefits, career limitations, and social stigma, can have a lasting impact on a veteran’s life.
If you are facing or have received a dishonorable discharge, it’s essential to understand your rights and explore all available options. Seek the assistance of legal professionals and veterans’ organizations to guide you through the complexities of the discharge process and explore the avenues for possible relief. Understanding these implications and seeking the proper assistance are steps toward safeguarding your future and ensuring your access to the resources you are entitled to.
Resource Suggestions:
- The Department of Veterans Affairs (VA): The official website of the Department of Veterans Affairs is a primary resource for veterans.
- Veterans Service Organizations (VSOs): Groups like the American Legion, Veterans of Foreign Wars (VFW), and Disabled American Veterans (DAV) offer resources and assistance.
- Military Legal Assistance: You can seek assistance from military legal assistance offices.
- Legal Aid Societies: Local and national legal aid societies provide legal assistance to low-income individuals.
- Military Law Attorneys: Consult with attorneys specializing in military law and veterans’ benefits.
