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August 8, 2012, 12:11 PM | #26 | |
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Join Date: November 16, 2008
Posts: 1,184
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The code of federal regulation defines "disharged under dishonorable conditions" to include the dismissal of a commissioned officer pursuant to sentence by a general court martial. 27 CFR 478.11
The ATF adopted this definition after the DOD commented on the ATFs proposed definition, excluding dismissals, and indicated that the DOD considered a dismissal to be the equivalent of a dishonorable discharge. The DOD also believed such a definition would lead to unfair application of the law to enlisted members but not officers convicted of the same offenses. The ATF adopted a definition that includes dismissals. http://www.ttb.gov/rrd/tdatf391.htm The instructions to members contained in DA Pam 27-9, Military Judges Benchbook, regarding a dismissal are instructive: Quote:
Last edited by vranasaurus; August 8, 2012 at 12:11 PM. Reason: Typo |
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August 9, 2012, 08:57 PM | #27 |
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Join Date: March 3, 2011
Location: Vernon AZ
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I guess the Honorable discharge statement on my DD314 is incorrect. Granted unless we resign we do not receive the nice certificate that enlisted do. That comes when we are transferred to the Retired list at age 60.
Technically you may be right as officers convicted by general Court are reduced to E-1. |
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