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A bad conduct discharge can be given in a court martial. It is given as a punishment to service members in the military. In some cases it is accompanied with a prison term. The Experts can provide answers to queries related to bad conduct discharge, bad conduct discharge benefits, bad conduct discharge consequences and other issues. This article provides answers to some of the most commonly asked questions about issues related to this. Can an Airman, given a Bad Conduct Discharge, overturn this decision?
When an airman receives that, they are also entitled to an automatic review by the service court. If the review does not go to the airman’s favor and the discharge is executed then the person might request the Air Force Board of Corrections for Records for an upgradation of discharge. This can be done only when a strong reason is quite evident that it was an inappropriate decision. Can someone with a Bad Conduct Discharge serve as a jury on a Federal Jury?
Such a discharge from a special court martial can be considered a misdemeanor for the individual. A conviction of a federal misdemeanor does not debar a person from serving on a jury. The person can serve either in a state or a federal court. Can someone with a Bad Conduct Discharge have a gun?
If it was given at a court martial with more than a year prison term it might be seen as felony. In such a case, the person will not be allowed to have a gun. Can a BCD with a Criminal General Court Martial be upgraded?
If it was a criminal general court martial, it cannot be upgraded. The decision is beyond review by any board. However, the person can either beg a presidential pardon or go through a clemency board. If the board refuses to change the decision, then it cannot be upgraded without a presidential pardon. Can a Bad Conduct Discharge from the Marine Corps have an adverse effect on a person’s employment in non military companies?
Whether the discharge from the Marine Corps will impact the person’s employment opportunity would depend on whether the person is asking for employment. If the person is applying for a government job or a job in some large corporation which is aware of the significance of a discharge, it might affect employment chances. But the person has the option to appeal to the Board of Corrections for Naval Records for an upgrade as clemency. Is a Bad Conduct Discharge from a Special Court Martial considered a felony?
Usually such a discharge from a special court martial is not considered a felony. Generally, a felony is such a crime that provides for a prison term of one year or more. A special court martial only allows for a punishment period of one year or less. Any service man who gets a bad conduct discharge should know as much as possible about it. It might have serious repercussions on a person’s life in the future. If you are unsure about what to do in such a case, you may ask a military lawyer for the best course of action and act accordingly.
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