Legal Question in Military Law in Colorado

I'm getting chapter out the army with a chapter 14-12b patterns of misconduct. I received one article 15 with the current i'm in. I've been in for seven years. My first sergeant asked me how does it feel to get out of the army with a dishonorable discharge. I guess my question is how am I getting a dishonorable discharge for patterns of misconduct when there is soldiers who caught get drunk on duty, smoke pot, and have multiple discharges yet still in the army?

Asked on 10/20/13, 9:21 am

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

In order to attempt to discharge you for a pattern of misconduct, there must be more than one instance of misconduct to show such a pattern. Also, you cannot receive a dishonorable discharge unless you are sentenced to that by a general court martial. What a discharge board could impose for misconduct is an Other Than Honorable Discharge. However, you have the right to fight any such discharge, You have the right to demand that they convene an administrative discharge board to decide three questions: (1) have you engaged or committed a pattern of misconduct, (2) based on that misconduct should you be separated or not, and (3) what kind of a dicharge should you receive, Honorable, General or OTH. If the Board's answer to any of these questions is no, then everything stops at that point. For example, if the Board decides that you have not engaged in a pattern of misconduct, everything stops and they do not even address whether you should be separated or not. Similar, if the Board decides that you should not be discharged, everything stops there and they would not even consider the various types.

At this Board which you should demand, you can be represented by counsel, call witnesses and present evidence on any or all of these three issues. They cannot just give you a discharge unless you voluntarily accept it. You can fight this and should do so. Demand your administrative discharge board, have a good competent defense counsel to represent you and fight it all the way.

I hope this has answered your questions. If I can be of any further assistance, please feel free to contact me directly at [email protected] or (757) 420-9321.

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Answered on 10/21/13, 7:27 am

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