Legal Question in Military Law in Germany

Characterized Discharge

I made a mistake 8 months ago, and since then, nothing has happened. I've just been flagged. There was talk that there was a possible courts martial during this entire period, but nothing ever transpired. During this 8 month period, I informed my commander that I no longer had a working family care plan. My Commander told me yesterday that I would be getting A Field Grade A 15. He said that I could not get out on a family care plan chapter because it was a honorable discharge that instead they would chapter me for Chp 14-12(c). The only thing with that is I've never done anything else for them to support this conclusion. I have no negative counselings, no other UCMJ or anthing. They don't want to give me a honorable discharge. They want to give me a general discharge. Can they give me NJP and a negative discharge both? Wouldnt a courts martial have taken care of both of these actions they are trying to impose upon me? Can they do this? I feel like I've been in for 6 years, and one incident should not warrant a general discharge. I need some solid advice.


Asked on 10/05/05, 2:34 am

2 Answers from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Characterized Discharge

Yes. They can give you NJP and process you for separation, with a recommendation that you receive a general discharge. If you've been in for over 6 years, you should rate a hearing before an administrative discharge board. The board then determines whether the misconduct was committed, and if so, whether you should be separated and with which characterization of service. A court-martial was and is an option for your commander, but it also may be an option for you, since you need not accept the NJP. If you refuse it, the commander can send the case on to a court-martial. But the consequences of a court-martial include a federal conviction, if you were to be found guilty. Your "one incident" may or may not result in a general discharge, but it would be your job to convince the discharge board that you should either be retained in the service, or receive an honorable discharge. It's not over yet.

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Answered on 10/05/05, 7:25 am
Jason Pelt Goodall & Pelt P.C.

Re: Characterized Discharge

They can't just railroad you into a NJP / Art 15. You have the right to refuse the Art 15 and demand a courts-martial (which they have already explored) As a Judge Advocate I always thought it strange when a convening authority would send up a case that had little or no merit. I would notify the command that we would never win at a courts-martial so they would just NJP / Art 15 him/her. Their thinking was maybe they will just take the punishment even though we can't back up our bluff if he or she demands a courts-martial. (NOTE - Rules are different at sea) And guess what - they were right. Most service members just take the NJP / Art 15 and move on, which is often the right decision. However, if you feel that you have done nothing wrong go see a Military Defense Attorney and explore the idea of refusing the NJP / Art 15. As for the Admin Sep, read the rules in Army Regulation 635�200. Depending on your length of service and characterization of service you may have the right to demand a administrative separations board where you can have a Military Defense Attorney represent you before the board. Either way they have to notify you of the separation. Take that notification to a Military Defense Attorney for review / advice. Good Luck.

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Answered on 10/06/05, 3:02 pm


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