Legal Question in Military Law in Tennessee
can I change a bad conduct discharge to a general? I received a conviction of missing movement. I am currently a criminal justice major and am trying to get into law enforcement, but this has become an overwhelming obstacle to overcome. From what I have read I may have to apply for clemency more than a change of status based on prior events.
1 Answer from Attorneys
A Bad Conduct Discharge is a sentence imposed following conviction at trial by court-martial of a serious crime.
You are correct. There is no administrative procedure to "change" or upgrade a Bad Conduct Discharge. Assuming that your trial and sentence was affirmed on appeal (all BCD discharges must be reviewed by at least one tier of review) then your only remedy is clemency, which probably means requesting a Presidential pardon. That may remove the legal impediment keeping you from becoming a POST certified law enforcement officer, but it does not remove the fact of the conviction itself. And the conviction itself is enough to keep almost any respectable law enforcement agency from offering you a job.
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