Legal Question in Military Law in Texas

Summary Court Martial

Can you be discharged from the army, as a punishment from a Summary Court Martial?


Asked on 4/21/08, 2:24 pm

2 Answers from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Summary Court Martial

No. A discharge is not an authorized punishment for a summary court-martial, but depending on your record, they can process you for an administrative discharge afterward.

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Answered on 4/21/08, 2:28 pm
Philip D. Cave Military Law & Justice

Re: Summary Court Martial

No.

However, if a Bad Conduct Discharge could be a punishment for the offense(s) at a Special Court-martial, the person can be processed for administrative separation based on a "serious offense." If no BCD, then the command would look to a "pattern of misconduct."

If they try to process for OTH you have a right to a board hearing to fight.

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Answered on 4/21/08, 3:12 pm


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