question on eligibilty with military BCD

[Veneficus]

To address the OP.

You need to save some money and call a lawyer who is experienced with military discharges. Don't try to handle it yourself.

You might also want to move somewhere considerably more liberal than Texas. (California is about to go bust, so that's probably not a good choice either) It's fairly simple though, get one of those Red/Blue maps of the US and find a Blue state.



I can understand the argument about ethics and morals and laws in society.

But unless you are going to sentense everyone guilty of any level of crime to death, you need a way for them to redeem or at least make a life for themselves at a reasonable standard of living. Otherwise you risk creating whole subsocieties of criminals who have no other option.

As for the military, I am not sure it has evolved with society. By its nature it is a conservative organization, it doesn't adapt very well. (Especially to modern warfare) We abhore the idea of child soldiers usually fielded by countries where a 14 year old is considerably more mature than the Average US 18 year old. Yet the US military would be happy to send these naive lambs to the slaughter at the whim of the incompetent powerpoint rangers called "generals" who haven't won a conflict since 1945 and are defeated by the very same tactics used since 1965.

Maybe the OP was just too smart to be cannon fodder?

Most of the military pomp and circumstance is to simply placate the mind and give some mental comfort to the survivors of the deceased. Duty, honor, and country I am afraid is no substitute to a parent for their child.

"A soldier will fight long and hard for a bit of colored ribbon."

---Napolean Bonaparte.

Does that ribbon feed them when they come back physically and mentally broken and the military drops them like a bag of bricks?

Does their honor get them a roof to live under?

I don't find recruitment appealing to the desperate and the naive particlarly ethical or honorable.

before I get accused of being antimilitary, let me point out that I am not, I am actually rather fond of it. But I can still call a spade a spade.

 

[phideux]

I know before I was accepted into class I had to get my background check done. also after I passed NR, to get my state certification, I had to get printed and get another background check. On the questionnaire for both background checks one of the questions were: Have you ever been discharged from the armed services under less than honorable conditions? Don't know if it's an automatic disqualifier, but it's there.

 

[usafmedic45]

You can always appeal to get it to OTH, or maybe, even General.

Not saying it will happen, but it's possible.

Unless something has changed since 2003 when I left the service, conviction at court martial is a federal felony conviction which would probably prohibit you from getting into any licensed profession or getting above your current level of employment.

 

[tough_luck]

Why?

I am certain the judgement that lead to the discharge was justified. BCD's are not just handed out for the factor of convenience. An action or series of actions were performed that did not meet the standards. As such, a discharge was ordered. Why change the outcome instead of focusing on the deficient behavior or actions? It's called accountability, something EMS is sorely lacking already, no need to add to it.

in one of the papers it said for me to get a general discharge but the squadron commander gave me a bcd, also in one of the notes from another officer it had said why it took me 3+ months to get an article 15

 

[tough_luck]

Unless something has changed since 2003 when I left the service, conviction at court martial is a federal felony conviction which would probably prohibit you from getting into any licensed profession or getting above your current level of employment.

i never went to court martial, never stepped into a court room, only time was to witness another court martial that our tech sgt sent us to watch, thats about it.
i could have fought but decided not to since i was going to stay in longer, so i didnt get any help.

im not proud of what happened nor am i happy of it, i messed up, im not asking for forgiveness, i have a good job, i wanted start family, and since i never sleep i wanted a job that keeps me awake most of the time,if im not able to become emt then i shall seek other careers, will there be many, i doubt it

 

[usafmedic45]

i never went to court martial, never stepped into a court room, only time was to witness another court martial that our tech sgt sent us to watch, thats about it.
i could have fought but decided not to since i was going to stay in longer, so i didnt get any help.

im not proud of what happened nor am i happy of it, i messed up, im not asking for forgiveness, i have a good job, i wanted start family, and since i never sleep i wanted a job that keeps me awake most of the time,if im not able to become emt then i shall seek other careers, will there be many, i doubt it

Then how the hell did you wind up with a BCD? Either you're lying about not getting court martialed, you pled out (same thing as being tried and convicted), or you didn't get a BCD. Something doesn't add up.

 

[ffemt8978]

Just a reminder, this is NOT the place to discuss the political aspects of the military, recruitment, or such.

As the only veteran amongst our Community Leaders, I pay particular attention to these types of threads and will not tolerate any berating, bickering, or fighting on these topics because they strike close to home.

So unless you want MY complete and undivided attention, take the political aspect of this discussion somewhere else.

ffemt8978
USN, 1988-1997
Operation Just Cause (invade a country to serve an arrest warrant)
Operation Desert Shield/Desert Storm (the original trip to the sandbox)

 

[ffemt8978]

Then how the hell did you wind up with a BCD? Either you're lying about not getting court martialed, you pled out (same thing as being tried and convicted), or you didn't get a BCD. Something doesn't add up.

That's the point I was trying to make.

 

[usafmedic45]

Just a reminder, this is NOT the place to discuss the political aspects of the military, recruitment, or such.

As the only veteran amongst our Community Leaders, I pay particular attention to these types of threads and will not tolerate any berating, bickering, or fighting on these topics because they strike close to home.

So unless you want MY complete and undivided attention, take the political aspect of this discussion somewhere else.

ffemt8978
USN, 1988-1997
Operation Just Cause (invade a country to serve an arrest warrant)
Operation Desert Shield/Desert Storm (the original trip to the sandbox)

Not to derail this thread any further, but thank you for your service.

 

[Afflixion]

I'm going to have to agree here, it is not possible for you to get a BCD from an Article 15 under UCMJ law, simply as article 15 falls under non-judicial punishment and is split up into 3 categories which are summarized, company grade and field grade, each with their own limitations to severity of punishment.

Summarized: 14 days extra duty, 14 days confinement, and oral admonition.
Company Grade: 14 days extra duty, 14 days confinement, oral reprimand/ admonition, forfeiture 7 days of pay, reduction of one grade in rank (E-4and below)
Field Grade: 45 days extra duty, 60 days confinement, oral reprimand/ admonition, forfeiture of half of 2 months base pay, reduction in rank to E-1 or reduction of 1 grade of rank (E5 - E6)

The only way you could get kicked out without a courts marshal is being chaptered out which is defined in AR 635-200 (for Army but AF follows same guidelines) which can only separate for a lowest discharge of Other Than Honorable Conditions. This was all taken directly out of UCMJ (USC10) There are also three types of courts marshal one of which being a summarized court marshal which is not held as a trial under the normal sense of the terms but it is convened by the post commander or deputy commander so long as it is an O-7 or higher. which can result in a BCD.

I know all this is factual as I am currently a 1LT in the U.S. Army going to be promoted to CPT upon my passing of the PANCE in the upcoming month, prior to that I was a SGT (E-5) and have deployed as a medic 3 times and have initiated administrative separation of a soldier in the past.

Operation Iraqi Freedom II "Transition of Iraq"
Operation Iraqi Freedom IV "National Resolution"
Operation Iraqi Freedom 07-09 "The Surge"