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Does double jeopardy come into play because after recieving my punishment while in the military is it legal to be chaptered unde

Fort Irwin, CA |

i was discharged from the military in 2011. I recieved a discharge of general under honorable condidtions for awol. i turned mself in upon return i recieved reduction to e-1 and half of pay taken for 2 months, 45 days extra duty,restriction, escort. under ucmj .I recieved a field grade article 15. Does double jeopardy come into play because after recieving my punishment while in the military is it legal to be chaptered under the same crime also?

Attorney Answers 4


This happens all the time, and is not double jeopardy. Double jeopardy means you can't be tried in court by the same jurisdiction twice for the same offense. You weren't tried in court so it doesn't apply.

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Richard V Stevens III

Richard V Stevens III


I agree. With regard to appeal options for an administrative discharge/separation, you can appeal to your service's Discharge Review Board (DRB) and/or your service's Board for Correction of Military Records (BCMR). The DRB can upgrade a discharge, but normally cannot overturn it. The BCMR can upgrade a discharge and overturn one. Each board has a statute of limitations for filing that you should be aware of, and the BCMR will require you exhaust all prior administrative options before filing with them.


Mr. Cassara is absolutely correct. While it feels like the military just kept coming after you, it's above board.

That said, if you think your discharge wasn't justified or the categorization wasn't justified, you have the option to filing a request for upgrade through the Board Of Corrections of Military Records for your service branch. It's certainly something to consider if you are having issues with benefits. Many of the Military lawyers on Avvo can help with that type of work.

Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.

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In the military you can be NJPd then courts martialed for the same offense; however, military cannot court martial then NJP you for the same offense. If you are NJPd the command can use that substantiated misconduct as a basis for your AdSep at a later date. If you want to look into upgrading your characterization of service you need to look into a Discharge Review Board. You can and should have counsel by a military attorney for the hearing.

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I agree. These are two separate proceedings-administrative and criminal. Very often servicemembers are discharged after being convicted. You can petition the military board to upgrade your discharge.

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