What Constitutes a Dishonorable Discharge?
All branches of military service in the United States follow the same laws and procedures in regard to a dishonorable discharge. A general court-martial must have convicted the service member of a serious felony offense for a dishonorable discharge to be issued. The five classifications of discharge are: honorable; general; other than honorable; bad conduct and dishonorable. Bad conduct and dishonorable discharges, which are punishable felonies, are determined by a general court-martial.
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The Court-Martial Process
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Any military servicemember who commits a crime is prosecuted in a military court. The process is referred to as a court-martial. The procedures are generally the same as in a civil court trial. A summary court-martial is the lowest, usually handled by one officer for minor charges. The next highest is the special court-martial. This court handles charges that are considered less serious than a general court-martial but more serious than a summary court-martial case. A general court-martial is the highest military court. This is a court of five, and sometimes more, military persons. The death sentence can be imposed in a general court-martial case.
Offenses Requiring Court-Martial
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Any criminal offense considered a felony according to the laws of the United States is cause for a dishonorable discharge when convicted. This includes murder and crimes of a sexual nature. Civil crimes, such as drug charges, forgery or perjury, are also reasons for dishonorable discharge. Driving under the influence (DUI) charges may also result in a dishonorable discharge. Any crime committed against any branch of the armed forces, such as desertion will result in a general court-martial trial.
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Offenses Committed by Commissioned Officers
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Offenses committed by commissioned officers carry the same punishment as a non-commissioned enlisted person. The officer must be convicted by a general court-martial and the resultant sentence may involve an official dismissal. When a commissioned officer is deemed dismissed from service, this is the same as a dishonorable discharge. Commissioned officers who are dismissed do not qualify for any benefits after leaving active service.
Consequences After Discharge
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The consequences of a dishonorable discharge in civilian life are the same for all enlisted military service members. Commissioned officers face the same punishments as other members of service. All veterans' benefits, such as participating in the G.I. Loan Program or benefits from a pension or veterans hospital care, are lost. Employment in civilian life after being dishonorably discharged can be difficult. The effect is the same as the results incurred by anyone trying to find employment with a felony criminal record. It indicates, in most cases, the person cannot be trusted or will be some type of threat to the employer.
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