While on AD and off base in Germany i was arrested, convicted and given a 14 month suspended sentence for larceny. I spent 4 months in jail awaiting trial. No citizens of the US or military were victims in the incident. I have not gone through my court martial case yet cause i recently just got back on base. Will i be charged with article 121 (larceny) though i've already been punished for that offense? Could I possibly have to serve time in the brig for the offenses I've already been punished for? Other than this incident i've got a clean record and have excelled at my job. If they can't use the article 121 to court martial me than they don't have much to work with. 1 last question: which of the 3 type of military courts might my court martial case go to?
2007-05-20 04:49:01 · 9 answers · asked by Remorseful 1 in Politics & Government ➔ Military
Haven't you yet talked to your military counsel? You are entitled to counsel if you are charged with any offence that could subject you to a court-martial.
The military will probably charge you with AWOL, not larceny. If you commit and are convicted of a crime and have to miss work with the Army, you will be considered to have been AWOL. If the civilian charges are dropped or you are found not guilty, then the Army would not charge you with AWOL.
There are three levels of courts-martial and the type you are given is dependent upon the charge and whether or not you refuse the lowest level.
The most serious is a general court-martial and it can impose a dishonorable or bad conduct discharge. Having such a discharge is equivalent to having a felony conviction and it will appear on your criminal record for life.
The second type is the special court-martial, which can also be empowered to impose a bad-conduct discharge under certain circumstances.
The third, and lowest level, is the summary court martial, and it cannot impose a punitive discharge. You may elect to ask for a special court-martial in lieu of a summary.
The convening authority will determine if you will be charged with an offence and what level of court-martial you will be subjected to. I suspect you will be offered a summary court-martial.
Keep in mind that the odds of conviction are very high if you are referred to a court-martial. Trial attorneys will rarely take a case to trial unless they have a very strong case. If their case is not strong enough, they will refer it back to the soldier's commander who can handle the matter through non-judicial punishment (Article 15). You can refuse an Article 15 and ask for a summary court-martial.
There are also administrative discharges, which are given for other reasons and are not considered to be punitive discharges for criminal conduct. The most common is the honorable discharge, there is a general discharge, and then there is the other than honorable discharge. Anything less than an honorable can cause employers to not hire you and can mean you will receive fewer veteran's benefits.
Personally, I think your military career is over and if you can be discharged without a court-martial, take whatever type of administrative discharge you can get.
2007-05-20 05:13:10 · answer #1 · answered by majormomma 6 · 4⤊ 0⤋
NO YOU WILL NOT BE CHARGED WITH Art 121!
Because you have already been punished for that. What you will probably be charged with is Article 134 - Bring Discredit on US (Army, Air Force..etc). As you may know UCMJ Articles 77-134 are the punitive Articles, and Article 134 is AKA the general article...cause they can find anything in there they want.
You will not serve anytime in military custody for larceny, but may for other offenses charged under the UCMJ. Often times its better if US citizens are the victims, at least for the offender because the military wants to punish you more for offending the host nation.
If this was a high profile incident...you are certainly screwed.
You may be offered non judicial punishment by your commander, an Article 15.
If not offered, or if you decline an article 15...an article 32 hearing will be held to see if there is enough evidence to try you in a court martial.
The three types of courts martial are: Summary, Special, and General.
If you get tried and convicted under a general court...you can spend more then 12 months in federal custody and face a dishonorable discharge...much like a felony conviction.
You don't mention what service you are in...but if you are in the Air Force expect a court martial and thrown out. The Air Force is trying to lose people.
As a final piece of advice, dont make any statement. An investigator or even an NCO may tell you this is a great chance to tell your side of the story...they will advise you of your Article 31 rights and then try to hammer you. Just be nice and ask for a lawyer, and let your lawyer tell your side.
2007-05-20 05:23:01 · answer #2 · answered by Anonymous · 4⤊ 0⤋
Chaces are it will be a special courts martial. They can also charge you with AWOL,(since you did not report for duty due to incarceration) condut unbecoming, general artilce(134), failure to obey(92), etc. The UCMJ covers alot of areas, so If your plea of double jepardy is valid, they will just go down the list to what else your crime falls under. Yes you will most likley face brig time. Much of this will depend on the details of the case. Larceny is very broad term. Lastly, a bad conduct discharge can only be from a courts martial and is much worse than a other than honorable. It will follow you for the rest of your life!
2007-05-20 05:44:06 · answer #3 · answered by Tincan Navy 4 · 1⤊ 0⤋
summary or special court Martial; you've been AWOL while in jail. really depends on how they want to present it. you could actually be admin'ed out without trial.
and no a Bad Conduct discharge is not the same as "other than honorable" which is an admin. specifically that would be a General or an Undesirable Discharge. and actually most General Discharges are not considered "other than honorable."
2007-05-20 05:05:57 · answer #4 · answered by Anonymous · 1⤊ 0⤋
There are any number of actions they can take against you excluding the larceny charge. Much depends on which branch you're in, your command's opinion of your value to the service and rehabilitation potential, and the exact nature of your offense. Assuming you're not already on the fast track to the brig and out you might do well to have a heart to heart with your First Sergeant and explain you've seen the error of your ways and will do EVERYTHING necessary to become the squared-away troop they need.
2007-05-20 05:15:28 · answer #5 · answered by gunplumber_462 7 · 0⤊ 1⤋
N O, A BCD is the same as an Dishonorable Discharge and that means no body will hire you, no VA benefits or jobs with the Government!!
2007-05-20 08:14:43 · answer #6 · answered by Vagabond5879 7 · 0⤊ 0⤋
A BCD is the same as a dishonorable discharge. It would make trying to get a job almost impossible.
2007-05-20 05:53:42 · answer #7 · answered by WC 7 · 1⤊ 0⤋
Have you been assigned a military attorney? My guess is that they are going to kick you out. Have your attorney cut the best deal possible.
2007-05-20 07:05:17 · answer #8 · answered by Yak Rider 7 · 1⤊ 0⤋
Other then this incident ? I Love the cop outs. You screwed up ! Take your bumps.
2007-05-20 06:50:08 · answer #9 · answered by Billy TK 4 · 1⤊ 0⤋