|Statement||by the Comptroller General of the United States.|
|The Physical Object|
|Pagination||v, 53 p. ;|
|Number of Pages||53|
Eliminate Administrative Discharges In Lieu Of Court-Martial: Guidance For Plea Agreements In Military Courts Is Needed Plea bargaining in the military involves the ex-change of an admission of guilt for reduced charges, e specific maximum sentence, or a . Each Military Service allows Servicemembers to administratively separate instead of going through a court-martial. For example, Army Regulation , Chap allows Soldiers to administratively separate in lieu of a court-martial by admitting to at least one is a quick and expedient way to leave one’s Military Service while pending UCMJ . General. Separation of an accused in lieu of trial by court-martial is an administrative procedure that is available to resolve disciplinary matters and may be used in appropriate cases. Whether such administrative action is appropriate in a given case is a matter within the discretion of the approval authority. DOD and service regulations detail the . Additionally, a request for an administrative discharge may not make sense in every case. However, in some cases, it may be an advisable way to proceed. A request for discharge in lieu of court-martial can be submitted anytime after the preferral of charges and before action is taken by the Convening Authority in the court-martial.
discharge for the good of the service (in lieu of Court-Martial). BAD CONDUCT DISCHARGE-Designed as a punishment for bad conduct rather than a punishment for serious offenses of either a civil or military nature. It is appropriate as punishment for an accused who has been convicted repeatedly of minor offenses andFile Size: 70KB. Administrative Discharges 10 USC & Any termination of service prior to the completion of enlistment. May not require a due process hearing Separate Regulations in each service Discharge authority may vary, but generally must be approved by an officer exercising general court -martial Size: 1MB. On the one hand, this makes sense. A court-martial is ostensibly a criminal justice function and requires proof beyond a reasonable doubt for a conviction. It comes with a criminal record, possible jail time, and, where applicable, sex-offender registration. Administrative discharges, however, are personnel decisions. With GOS discharges (discharges in lieu of court-martial), GIs are not entitled to a hearing. With admin discharges that can be no less than general, there is usually no right to a board. However, soldiers who’ve been in for over six years are entitled to a board no matter what the character of discharge may be.
Free Consultation - Call () - Philip D. Cave is dedicated to serving our clients with a range of legal services including Court-Martial and Military Defense cases. Discharge - . A request for administrative separation under other than honorable conditions in lieu of trial by court-martial does not prevent or suspend disciplinary proceedings in a case. Whether such proceedings will beheld in abeyance pending final action on a request for discharge is a matter to be determined by the officer exercising general court. Thanks for the thumbs down. Here's what I was getting at: A Chapter 10 is a discharge in lieu of a court martial. That means you did something bad enough to be brought before a court martial, but the powers that be decided that it would be too much of a waste of time to do so. Here's what it says about the type of discharge: "5. Eliminate administrative discharges in lieu of court-martial: guidance for plea agreements in military courts in needed: report to the Congress / (Washington: General Accounting Office, ), by United States General Accounting Office (page images at HathiTrust).