The Firing Line Forums - View Single Post - Question About Dishonorable Discharge and Being a Prohibited Person

vranasaurus · August 7, 2012, 09:48 PM

I spent 8 years as a paralegal in the Army and have worked the court martial and adverse administrative processes.

The only people who can request a court martial are commissioned officers summarily dismised by the president. I am unsure what provision of the law would be used by the president to dismiss the officer since a dismissal may only be given as a sentence at court martial. To dismiss an officer before trial would seem to violate article 13's prohibition on pre-trial punihsment.

Even in that case the officer must be charged and the charges referred to a court martial.

The only other time you can request trial is if your offered non-judicial punishment. You can turn down NJP, unless embarked on a vessel, but most of the time the limits on punihsment coupled with the fact that the article 15 is not under any circumstances a conviction render a decision to do so very imprudent. Plus the offenses are usually so minor that turning it down is liek throwing down the gauntlet and daring the command to try you. Most of the time they will because they want to make a point that if you turn it down you will be tried. Most of the time you shouldn't turn down NJP anymore than you would poke a grizzzly bear with a stick.

August 7, 2012, 09:48 PM	#21
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	I spent 8 years as a paralegal in the Army and have worked the court martial and adverse administrative processes. The only people who can request a court martial are commissioned officers summarily dismised by the president. I am unsure what provision of the law would be used by the president to dismiss the officer since a dismissal may only be given as a sentence at court martial. To dismiss an officer before trial would seem to violate article 13's prohibition on pre-trial punihsment. Even in that case the officer must be charged and the charges referred to a court martial. The only other time you can request trial is if your offered non-judicial punishment. You can turn down NJP, unless embarked on a vessel, but most of the time the limits on punihsment coupled with the fact that the article 15 is not under any circumstances a conviction render a decision to do so very imprudent. Plus the offenses are usually so minor that turning it down is liek throwing down the gauntlet and daring the command to try you. Most of the time they will because they want to make a point that if you turn it down you will be tried. Most of the time you shouldn't turn down NJP anymore than you would poke a grizzzly bear with a stick.