"Dishonorable Discharge Question" - Page 2

"Dishonorable Discharge Question"

This is a discussion on "Dishonorable Discharge Question" within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I know in AZ he would be screwed IMHO righly so for "dishonable discharge" A DD is for a major screwup...

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Thread: "Dishonorable Discharge Question"

  1. #16
    Senior Member Array Beans's Avatar
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    I know in AZ he would be screwed
    IMHO righly so for "dishonable discharge"

    A DD is for a major screwup

  2. #17
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    Quote Originally Posted by diverdown247 View Post
    Watch what's going to be happening in the Army very soon. They're "pushing" NCO's out and in a big hurry, claiming their "trash NCO's" and poorly represent the Army. What about those "trash Officers" that make those NCO's appear to be poor leaders? You'll see dishonorable discharges as a threat to force them out...if they're smart, they'll take the early retirement...unfortunately, the Army will make itself look bad if they get an intelligent NCO that pushes the envelope on the issue.

    So, it's entirely plausible that the military could/would put someone out for failinig a drug test. The nature of the drug might be the key. That would have been after Nam, so you can bet that some of the military folks were still on the drug-train and failing to beat it. Chances are, it wasn't just one.
    I understand your point or rather, your speculation. This is especially the case now that the military has lowered the bar on standards in order to meet staffing levels. More to the point and to this thread specifically, one doesn’t currently receive a Dishonorable Discharge for failing a drug screen. There are several classifications of discharges that are specifically outlined for individuals that don’t meet retention criteria. Likewise, there are corresponding waivers for practically every conceivable condition, except for a “dishonorable” classification.
    “Monsters are real and so are ghosts. They live inside of us, and sometimes they win.”
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  3. #18
    VIP Member Array First Sgt's Avatar
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    A Dishonorable Discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge. It can only be handed down to an enlisted member by a General Court-Martial. Dishonorable discharges are handed down for what the military considers the most dishonorable of conduct. This type of discharge may be rendered only by conviction at a general court-martial for serious offenses (e.g. desertion, sexual assault, or murder, etc.) which call for dishonorable discharge as part of the sentence.

    More information here: http://en.wikipedia.org/wiki/Dishono...e#Dishonorable

    With this characterization of service, all veterans' benefits are lost, regardless of any past honorable service. This type of discharge is universally regarded as shameful, and the social stigma attached to it makes it very difficult to obtain gainful post-service employment. Additionally, Federal Law prohibits ownership of firearms from those who have been discharged dishonorably.[2] In some cases, a person who receives a dishonorable discharge may also forfeit their right to vote on conviction. In some US states, the United Kingdom and other countries this may be for the duration of their sentence, elsewhere this may be permanent
    Sometimes in life you have to stand your ground. It's a hard lesson to learn and even most adults don't get it, but in the end only I can be responsible for my life. If faced with any type of adversity, only I can overcome it. Waiting for someone else to take responsibility is a long fruitless wait.

  4. #19
    Member Array onetuza's Avatar
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    Quote Originally Posted by diverdown247 View Post

    Yes, a person who –

    (3) Is an unlawful user of or addicted to any controlled substance;
    Item three is in the present tense, so unless he is currently an unlawful user or is addicted, this one shouldn't be applicable, should it?
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  5. #20
    Member Array fox2102's Avatar
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    It's more likely to be an undesireable or maybe a bad conduct. They usually dont give out dishonorable discharge for something as simple as failing a drug test. Your best bet would to be to get a copy of this discharge papers

  6. #21
    VIP Member Array JimmyC4's Avatar
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    It's not as though he didn't get some papers indicating his discharge type. Some twelve years later is time to own up to whatever type of discharge he earned rather than "not remembering"....duh!

    This guy scares me, what if he forgets that armed robbery is a crime....
    "It's a big gun when I carry it, it is also a big gun when I take it out” – Clint Smith

  7. #22
    Distinguished Member Array AKsrule's Avatar
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    Military Justice 101 - Part 3, Enlisted Administrative Separations

    A service-member's obligation to his armed service continues until terminated. Generally, this time period is determined by the terms of the enlistment contract, but earlier termination may result due to administrative or disciplinary separation based upon specifically identified conduct on the part of the service-member.

    There are two types of separations given by the armed forces of the United States to enlisted service-members: punitive discharges and administrative separations.

    Punitive Discharges. Punitive discharges are authorized punishments of courts-martial and can only be awarded as an approved court-martial sentence pursuant to a conviction for a violation of the UCMJ. There are two types of punitive discharges: Dishonorable Discharge (DD) -- which can only be adjudged by a general court-martial and is a separation under dishonorable conditions; and Bad-Conduct Discharge (BCD) -- which can be adjudged by either a general court-martial or a special court-martial and is a separation under conditions other than honorable.

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  8. #23
    Member Array Erich1B's Avatar
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    Quote Originally Posted by Saber View Post
    He can call the VA and they should be able to resolve the question. Actually, the fact that he can’t remember is not a redeeming personal quality and it ranks pretty high on the BS meter. Still, I don’t believe he would receive a Dishonorable Discharge for failing a drug screen alone. It’s more likely there is more to this story that he’s not telling you.
    The Veterans Administration would not be able to answer this for him. In order to enroll in the VA healthcare system, he would need a copy of his DD214. I work for the VA.

    An earlier post provided a link to request a copy of a DD214 and this is the best place to start.
    Never argue with an idiot. They drag you down to their level, and beat you with experience.

  9. #24
    New Member Array Casrep's Avatar
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    Failing a drug test - He probably received an administrative discharge. The Navy used it to quickly get rid of its s**t birds. He probably has an honorable discharge with an "admin discharge" code on his DD214.

  10. #25
    Senior Member Array Mardet65's Avatar
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    Quote Originally Posted by Random View Post
    He doesn't have a copy of his DD214?

    If not, then he should request a copy.
    DD214 will tell him. It could possibly be a Bad Conduct Discharge (BCD) or a discharge under less than honorable conditions.
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  11. #26
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    Failed drug test usually resulted in a Bad Conduct discharge, not a Dishonorable Discharge. Not if he was charged with possession with intent to distribute he very well may have received a DD. I can't think of any cases though where a DD was given and prison time did not go along with it.

    While a Bad Conduct discharge will not affect him buying a weapon, depending on the state it could stop him from getting a CWP.

  12. #27
    New Member Array Casrep's Avatar
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    Only a courts martial can award a BCD or DD. Any courts matial conviction is a FELONY. No CCP no guns.

  13. #28
    Member Array Backnblack's Avatar
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    Did he finish boot? if not he might have a ELS (Entry Level Separation) and after 5 years he would be eligible to reenlist.

  14. #29
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    People fail drug tests for reasons that have nothing to do with whether or not they are users. Non-users fail drug tests. Non-users get sent to rehab even when they don't need to be there.

    In any case, he should know well enough the basis for his discharge.
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    Anyone facing a drug test should protect themselves by getting a private test run on the same day or as quickly thereafter as possible. Get a hair test too as that gives a 90 day look back. Some of this stuff is junk science.

  15. #30
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    Your friend doesn't know what type of discharge he had?

    If his memory is that bad, he shouldn't have a CCW permit. OMO
    Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”

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