Legal Question in Military Law in Michigan

Summary court-martial

In november of 1990 while in the navy I went to trial by summary court-martial under art. 132. Fraudulent in the amount of $441. I recieved reduction in rate and 45 days restriction. I recieved an honorable discharge, and recomended for re-enlistment in1992. I aplied for a gun permit In Michigan, and was red flaged ,and denied. they said it was because of this incident. Am I considered a felon? How can I fix this? I have a good job and have never been arested or even recieved a traffic ticket.


Asked on 3/17/08, 3:56 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Summary court-martial

Normally a summary court martial is considered a misdemeanor offense, not a felony offense. You should hire an attorney and challenge this. Under most state law a summary court martial is viewed as a misdemeanor because the range of punishment in a summary proceding is less than in a general court martial.

There is good case law out there on the subject. Go see an attorney. There is a process for appealing your denial.

Good luck

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Answered on 3/17/08, 4:45 pm
Philip D. Cave Military Law & Justice

Re: Summary court-martial

This is NOT a conviction, unless you had a lawyer accompany you and in the room at the time of the trial. This is an administrative punishment similar to Article 15.

What they are likely talking about is that you may have been "Titled" by a CID investigation.

You are not a felon.

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Answered on 3/17/08, 6:58 pm


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