What Is the Difference Between an Administrative Discharge and A Punitive Discharge/Dismissal?
The military is a long storied and well-respected body that we are all aware of. That being said, being discharged from the military can have some serious repercussions for those involved. Knowing the difference between an administrative discharge and a punitive discharge can help you greatly. A great military defense lawyer is going to help you get the outcome you deserve.
What is an Administrative Discharge?
An administrative discharge is a method of discharge where the military can fire you or dismiss you as a result of your no longer being able to do your duty or perform what you should be able to perform. This is a non-criminal discharge that is not going to mar your good name and is not going to go on your record as a negative or a black mark.
In order for this discharge to take place, a committee does need to be formed and your performance is going to be evaluated to determine if you are in fact able to perform or if there was some other issue present. This is not as negative as a court martial, but it might affect your ability to get hired in the future and it is going to stay on your record forever.
Administrative discharge is better than a dishonorable or punitive discharge, it can still affect your chances at employment in the future and can also leave a stain on your good name and sully your service. With the help of a lawyer, you can fight any sort of discharge and if you feel that you were wrongly discharged or that you were unfairly treated, it is going to be to your benefit to contact a lawyer and start the process of fighting your discharge and start taking back your good name.
What is a Punitive Discharge/Dismissal?
There are two different types of punitive discharge, a bad conduct punitive discharge, and a dishonorable punitive discharge. These are both rather negative and are going to affect your ability to be hired again after you leave the military. A bad conduct discharge is a discharge that is the result of your having bad conduct and doing something that is unbecoming of the military. This is not exactly the same as a dishonorable discharge. A bad conduct discharge is going to be based on your behavior overall.
A dishonorable discharge is a dismissal on dishonorable conditions. This is something that is the direct result of a court martial, and it does in fact affect your ability to get work later on in life. It is also stays on your record and lets people know that you have done something that was dishonorable to get discharged. Both are negative and both are something that you are likely going to want to fight after they have been completed.
When to Hire an Attorney?
If you have been served with an administrative discharge or a punitive discharge, you do need to get an attorney on hand to help get your good name cleared and to find out what you might be able to do to get the discharge reversed. The right attorney is going to be able to help you get your discharge reversed or dismissed so that it does not mar your good name and so that it does not stay on your record for years to come.
A discharge is something that is serious and that can affect your ability to get employment as well as your good name. This is something that you do need to disclose if you are looking or a job that has to do with the military and more. Discharges are something that does happen, but it does not mean that you have to leave it in place, and you do not have to deal with the problems that come with a discharge.
With the help of an attorney, you can get the help you need to fight your discharge, to prove that you were not in the wrong, and that you are also trying to clear your name. A great military lawyer is going to have the experience, the knowledge, and the overall dedication needed to help you fight your discharge and possibly get it reversed. A discharge can affect your life in many ways and can leave you reeling and trying to find your footing and get back on track.
Military lawyers and those that are experienced in military methods can work with you to find out what happened, to get your side of the story and to figure out how to handle the discharge and the best method for handling them. Contact an attorney from the very start to help you move through the process and to really build a strong case that is going to work for you.