If I plead guilty to a Special Court martial in 2001 in Alaska. I was reduced in grade from E-5 to E-3 and received 90 days hard labor without confinement. I was able to remain on active duty for the remainder of my time and have served without any issues since. I am retiring from active duty in March 2014 after 20 years of service and am wondering if my DD214 will show that SPCM conviction? Also, will it show an Honorable Discharge?
Military Law Attorney
Your DD 214 will not reflect your court-martial and will show an Honorable Discharge. Congratulations on your retirement and thank you for your service.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
Military Law Attorney
Your DD214 will not reflect your Special Court-Martial conviction.
General Practice Lawyer
I will interject here that just because it doesn't appear on the 214, it is still reported as a conviction when asked.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
Criminal Defense Attorney
I concur with my colleagues. You will receive an honorable discharge and your SPCM conviction will not be reflected on your DD214. That said, it may be reflected in the National Criminal Information System maintained by the FBI and will likely turn up in the event of a thorough background check. Congratulations on your retirement!
Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.