Is Dishonorable Discharge a Felony?
The United States military has a system of discharge categories for service members who leave the military. One of the most severe categories is dishonorable discharge, which can have significant consequences for the individual’s future. In this article, we will explore the question of whether dishonorable discharge is a felony.
What is Dishonorable Discharge?
Dishonorable discharge is a type of discharge that is given to a service member who has committed serious misconduct or has been convicted of a serious crime. This type of discharge is considered the most severe and is usually given to service members who have committed serious offenses such as murder, rape, or theft.
What are the Consequences of Dishonorable Discharge?
Service members who receive a dishonorable discharge can face significant consequences, including:
- Loss of Veterans’ Benefits: Service members who receive a dishonorable discharge are not eligible for veterans’ benefits, including disability compensation, education benefits, and home loan guarantees.
- Loss of Honor and Respect: A dishonorable discharge can have a significant impact on a service member’s reputation and can make it difficult for them to find employment or get hired.
- Criminal Consequences: In some cases, a dishonorable discharge can be considered a felony, which can lead to criminal consequences, including fines and imprisonment.
- Stripped of Citizenship: In some cases, a dishonorable discharge can also result in the loss of citizenship.
Is Dishonorable Discharge a Felony?
In the United States, dishonorable discharge is not automatically considered a felony. However, in some cases, a dishonorable discharge can be considered a felony if the underlying conduct that led to the discharge was a felony.
Federal Law
Under federal law, a dishonorable discharge is not a felony in and of itself. However, if a service member is convicted of a felony and is subsequently discharged with a dishonorable discharge, the discharge can be considered a felony.
State Law
State laws vary, and some states consider a dishonorable discharge to be a felony. For example:
- California: In California, a dishonorable discharge can be considered a felony if the underlying conduct that led to the discharge was a felony.
- New York: In New York, a dishonorable discharge can be considered a felony if the discharge was the result of a felony conviction.
- Texas: In Texas, a dishonorable discharge can be considered a felony if the discharge was the result of a felony conviction.
Table: State Laws Regarding Dishonorable Discharge
| State | Dishonorable Discharge Felony? |
|---|---|
| California | Yes |
| New York | Yes |
| Texas | Yes |
| Florida | No |
| Illinois | No |
| Ohio | No |
Conclusion
In conclusion, while dishonorable discharge is not automatically considered a felony, it can be considered a felony in certain circumstances. Service members who receive a dishonorable discharge can face significant consequences, including loss of veterans’ benefits, loss of honor and respect, criminal consequences, and stripped of citizenship. It is important for service members to understand the consequences of a dishonorable discharge and to take steps to avoid it if possible.
Additional Information
- Military Code: The Uniform Code of Military Justice (UCMJ) governs the conduct of service members and outlines the procedures for discharging service members.
- Discharge Process: The discharge process typically involves a review of the service member’s conduct and a decision by a military board.
- Appeals Process: Service members who receive a dishonorable discharge can appeal the decision through the military appeals process.
References
- United States Code, Title 10, Section 1211
- Uniform Code of Military Justice, Article 15
- California Penal Code, Section 1027
- New York Penal Law, Section 70.00
- Texas Penal Code, Section 12.35
