Dishonorable Discharge Question

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    Plinker
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    Hi, asking for a friend (no really), he was in the Army after high school- almost 20 years ago- and wanted to get out and thought, hey I'll smoke weed and they'll let me out early... it sent him to the brig and he was dishonorably discharged. He was not charged with a felony however.

    He has gotten interested in guns in the last couple of years and would like to purchase one. He has since moved to Tennessee, and has settled on a G19. He went to fill out the 4473 and got to the applicable line about dishonorable discharge. He asked the employee, and that guy said if he answers yes to it, he can't sell him a gun. He doesn't want to lie obviously (maybe not so obvious) so what can he do? Is there an Appeal he can pursue? Any particular options? *IF* he were to lie on it, would the NICS catch it? Would it be a falsified document on file? No trying to skirt the system, just trying to understand.

    Thanks!
     

    churchmouse

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    The choices we make for all the wrong reasons always come back to haunt.
    I have no idea of the legality but his actions are not all that cool.
     

    Woobie

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    Lying on a 4473 is about the stupidest thing you can do. About as dumb as smoking dope to get out of the Army. I don't know if NICS would catch it or not, but why be dishonest?


    He might be able to ask for a copy of his DD214 from Human Resources Command at Ft. Knox. Perhaps it doesn't say what he thinks it does. If it is Dishonorable, they will be able to tell him if there is an appeals process.
     
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    GodFearinGunTotin

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    The choices we make for all the wrong reasons always come back to haunt.
    I have no idea of the legality but his actions are not all that cool.

    Yeah...you might disagree with it being illegal but it shouldn't be a surprise when you get caught. Some of those beds we make, we have to lay down in them a long time.
     

    Route 45

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    A dishonorable discharge for simply getting caught smoking weed does not sound right. There are a number of other discharges that the military uses to kick people out before getting to an actual dishonorable discharge, which is akin to a felony conviction. Have him double check his DD214 for character of service.
     

    Grump01

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    If he didn't keep his DD214 , did he have it recorded at a courthouse¿¿, If so he could get a copy there to check the classification
     

    BehindBlueI's

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    Hi, asking for a friend (no really), he was in the Army after high school- almost 20 years ago- and wanted to get out and thought, hey I'll smoke weed and they'll let me out early... it sent him to the brig and he was dishonorably discharged. He was not charged with a felony however.

    Your friend is lying about the circumstances or incorrect about his type of discharge. A dishonorable discharge requires a court martial for a major offense. Coming up hot on a urinalysis 20 years ago (when I was in) would result in, at worst, a "bad conduct" discharge but more likely an "other than honorable". If he truly has a dishonorable, than he can't vote either and did something more serious than just smoke marijuana.

    Sort of like most registered sex offenders have a story about urinating in an alley, but when you actually run their criminal history...
     

    Birds Away

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    Your friend is lying about the circumstances or incorrect about his type of discharge. A dishonorable discharge requires a court martial for a major offense. Coming up hot on a urinalysis 20 years ago (when I was in) would result in, at worst, a "bad conduct" discharge but more likely an "other than honorable". If he truly has a dishonorable, than he can't vote either and did something more serious than just smoke marijuana.

    Sort of like most registered sex offenders have a story about urinating in an alley, but when you actually run their criminal history...

    Most definitely this ^^^. IME those types of folks most likely got a General under honorable rather than a Big Chicken Dinner or Dishonorable. To get one of those usually required a sustained level of stupidity over time or one big huge stroke of malicious stupidity.
     

    Brad69

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    Ok some facts

    1. A jail is called a Stockade in the Army.

    2. A Dishonorable Discharge requires a found guilty by a courts martial the discharge is part of the punishment.
    It is also federal felony conviction it shows in the FBI files.

    3. You do not get a DD for "smoking weed" at best a Other Than Honorable at worst a Bad Conduct. Possibly a general if you had no other issues. Oh by the way depends on a Soldiers record but most 1st enlistments are placed into rehabilitation and not discharged.

    I concur with BBI dude is lying he is also a felon make sure you do not provide firearms for him.

    BTW This dude swore before god on his soul to serve the three four or whatever his enlistment was to his country. Then did something very serious and criminal. If he is close to you or your family request his records though the FOIA that way you know what kind of deviant or freak you are dealing with.

    out of 207,000 service members that were discharged in 2014, more than 18,000 (9%) were issued less-than-honorable paperwork, including 4,143 other-than-honorable discharges, 637 bad conduct discharges, and 157 dishonorable discharges.
     
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    rhino

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    If simply testing positive for marijuana resulted a dishonorable discharge, you'd be able man a few aircraft carriers with dishonorably discharged sailors.

    When I lived in Alameda, California in the late 1980s and early 1990s, quite a few (i.e. most) of the sailors from the carrier groups stationed there reeked of the characteristic odor when they were in my gym.
     

    singlesix

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    Well it was almost 20 years ago when I had a Company in the Army and I never had a solider get a DD for testing hot. I miss all the excuses for pissing Hot.
     
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