Dishonorable Discharge Question

[Cool Breeze]

Thanks so much for all of your help and input. I've certainly learned a lot.

I have shared this info with him and he provided more details:

It wasn't for smoking weed it was for selling that and other harder stuff. It is a DD (given by Courts Martial and he does have his DD214. He can vote. No felony was administered and He has come by clean on local, FBI and DHS background checks (ran when he and his wife had their foreign exchange student).

So, that being said, what are his options?

 

[BehindBlueI's]

Still doesn't compute. "Dealing harder stuff" and a DD = felony conviction.

 

[KellyinAvon]

A dishonorable discharge can only be from a General Court Martial and is a felony conviction. We need Paul Harvey to give us "the rest of the story".

 

[Bfish]

Sounds to me like the dude needs to contact a lawyer if he can't buy a gun. Then be honest with him (obviously but I have to say it) and then see if they can set out towards a solution or not.

 

[PistolBob]

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.

I've heard guys that got the boot with a dishonorable that became general discharge after a certain time limit with no criminal charges. Who knows.

 

[churchmouse]

I've heard guys that got the boot with a dishonorable that became general discharge after a certain time limit with no criminal charges. Who knows.

If he cleared for an exchange student there has to be no record.

 

[singlesix]

Run away, bravely run away. The story changed from hey let me do something to get kicked out to dealing harder stuff! Bravely run away.

 

[BehindBlueI's]

I've heard guys that got the boot with a dishonorable that became general discharge after a certain time limit with no criminal charges. Who knows.

I think you'll find that's also not true. That would mean you'd skip from the worst to the next to best.

Honorable
General
Other than Honorable
Bad Conduct
Dishonorable

I could be mistaken on this, but I also don't think there are automatic "upgrades" any longer even from the general/otoh. There is an appeals process and you can apply to upgrade your discharge, but unless you actively pursue it you keep what you got.

 

[daventos]

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.

I agree. I was on a carrier from 90-94 and a positive for marijuana usually meant an administrative discharge. There were probably a couple every month if I remember right. Positive drug screens were handled through Captain's Mast which was for minor offenses.

 

[KellyinAvon]

I agree. I was on a carrier from 90-94 and a positive for marijuana usually meant an administrative discharge. There were probably a couple every month if I remember right. Positive drug screens were handled through Captain's Mast which was for minor offenses.

Captain's Mast = Article 15 proceedings. Those 3 years in Iceland (Keflavik Naval Air Station) helps translate between the different branches. When embarked on a vessel a Summary Court Martial can't be turned down, I think that was an Admiral's Mast (Kef was 20 years ago!)

A lot of people found out the hard way discharges don't magically upgrade. Action from the service's Board for Correction of Military Records could have changed the characterization of discharge.

 

[24Carat]

For anyone with an acquaintance on active duty, a little known nor even used tact to get almost any negative potential discharge upgraded to a more palatable level is the threat of an Article 138.

If played at the appropriate time, it has a way of realigning a Commanding Officer's gyros.

 

[singlesix]

So you **** hot and you going to file a Article 138 redress of what issue? Caught you on a bad day, barrack lawyers.

 

[Brad69]

You cannot upgrade a DD it is part of the sentence of a general court martial unless the convection is overturned.

The OTH and BCD can be upgraded if not part of a court martial it is not easy and has a time limit of 15 years. You can change it after the time limit but I am not familiar with the process. No automatic upgrade exists regardless of rumor.

A DD is a rare discharge given for a punishment that would equate to 20 plus year sentence in the cillvian life.
It is meant to leave a lifelong stigma on the person. He is also not eligible to vote regardless of what he thinks.

How he passed a background check for foster children is a mystery probably never listed the discharge or mentioned time in service or the check was flawed?

Federal Law prohibits a person with a DD from possessing firearms, ammo ect. Same rules as a felon because they are one.

https://www.atf.gov/firearms/qa/are...-receive-or-possess-firearms-andor-ammunition

 

[rhino]

You cannot upgrade a DD it is part of the sentence of a general court martial unless the convection is overturned.

The OTH and BCD can be upgraded if not part of a court martial it is not easy and has a time limit of 15 years. You can change it after the time limit but I am not familiar with the process. No automatic upgrade exists regardless of rumor.

A DD is a rare discharge given for a punishment that would equate to 20 plus year sentence in the cillvian life.
It is meant to leave a lifelong stigma on the person. He is also not eligible to vote regardless of what he thinks.

How he passed a background check for foster children is a mystery probably never listed the discharge or mentioned time in service or the check was flawed?

Federal Law prohibits a person with a DD from possessing firearms, ammo ect. Same rules as a felon because they are one.

https://www.atf.gov/firearms/qa/are...-receive-or-possess-firearms-andor-ammunition

What I know about all of this wouldn't even be noticeable in the bottom of a thimble, but based on what you guys are telling us, the subject of this conversation is either lying to his friend or there is some other miscommunication. If someone actually has a dishonorable discharge, there seems little room for them to not know for certain. If they do have a DD, there is no way they can vote or legally possess guns, so something just isn't right with this picture.

 

[24Carat]

So you **** hot and you going to file a Article 138 redress of what issue? Caught you on a bad day, barrack lawyers.

I was speaking in generalities about the subject matter. Not specifically about the OP.

 

[Jsomerset]

Here you go. https://www.swords-to-plowshares.or...e-and-changing-the-reason-for-your-discharge/

 

[GreyState]

Thanks so much for all of your help and input. I've certainly learned a lot.

I have shared this info with him and he provided more details:

It wasn't for smoking weed it was for selling that and other harder stuff. It is a DD (given by Courts Martial and he does have his DD214. He can vote. No felony was administered and He has come by clean on local, FBI and DHS background checks (ran when he and his wife had their foreign exchange student).

So, that being said, what are his options?

So - he came clean on background checks for a foreign exchange student....did he not declare or omit this fact, just waiting for a denial that never came? Maybe he still has the DD and something went sideways on the background check? It sounds like if he was asking about the morale consequences while purchasing a handgun, he might have crossed that line previously?

Fishy

 

[rhino]

Maybe the background check was not thorough, or maybe it wasn't done at all and someone just said it was?