What Is a Dishonorable Discharge?
A discharge from the military is the act by which a servicemember is alleviated from all unfulfilled military duties. There are many types of discharges, including general and honorable, but the worst kind is a dishonorable discharge, which is given for disgraceful conduct of the worst caliber. Many people have heard about such punitive discharges from movies like "A Few Good Men" in popular culture. The truth, however, requires a more thorough explanation.
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A dishonorable discharge is a punitive discharge instead of an administrative one. It is given after a general court-martial proceeding for offenses such as murder, sexual assault, desertion or conduct that does damage to the integrity of the military. This kind of discharge should not be confused with a bad conduct discharge, which can be handed down by a special or general court-martial and is employed under conditions other than honorable rather than outright dishonorable.
Severance of Benefits
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The fallout from any kind of negative discharge is immense. Besides the social stigma, 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.
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Civilian Punishments
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Those who are discharged may lose the right to vote, which can sometimes be temporary, or the right to carry firearms. Bank or government loans are also more difficult to obtain, which makes it harder to go to college. The nature of a discharge is usually disclosed to employers and may require a compulsory background check. Government employment at the state or national level is usually prohibited.
Review
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Each negative discharge is reviewed by a military appellate court corresponding to each branch of the military to check the integrity of the process. If there is any question about the process, then the case may be heard before the Court of Appeals for the Armed Forces. During this time, service members are placed on appellate leave and are subject to the Uniform Code of Military Justice.
Appeal
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The service member who is given a dishonorable discharge has up to 15 years to appeal the decision, but it must be shown that a breach of justice has occurred. After those 15 years have expired, the service member must file a motion for the disposition to be reviewed for appeal by a court.
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References
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