Posted on Oct 18, 2021
Where can I find someone to help me with removing a military felony on my record?
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Military felony
112: Nondesignated Lawyer
Career Counselor
Career Advice
Posted 3 y ago
Responses: 4
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OK, what are the 5Ws here?
- Were you convicted by Courts Martial (Summarized, Special or General Court Martial)? NJP is not a criminal conviction even though it may have led to a separation.
- Was it a civil conviction whist on Active Duty and the military chose to take administrative action against you as a result?
- Is this showing up in NCIC? Is it erroneously in NCIC? What difficulty is this causing you? Why now?
- What is the basis to remove this from your records? Was there a successful legal appeal? Was the initial proceeding somehow defective?
My advice is to find a Veteran's Legal Clinic near you and see if there is an attorney that will do this pro-bono. Unless there is some urgent and compelling reason, I do not see this changing. If there was an error or procedural issue the process to change military records can be found here: https://www.archives.gov/personnel-records-center/vso/boards-for-correction-of-military-records
Since this is tied to characterization of service, this will be a service branch process and not an error correction through NPRC.
- Were you convicted by Courts Martial (Summarized, Special or General Court Martial)? NJP is not a criminal conviction even though it may have led to a separation.
- Was it a civil conviction whist on Active Duty and the military chose to take administrative action against you as a result?
- Is this showing up in NCIC? Is it erroneously in NCIC? What difficulty is this causing you? Why now?
- What is the basis to remove this from your records? Was there a successful legal appeal? Was the initial proceeding somehow defective?
My advice is to find a Veteran's Legal Clinic near you and see if there is an attorney that will do this pro-bono. Unless there is some urgent and compelling reason, I do not see this changing. If there was an error or procedural issue the process to change military records can be found here: https://www.archives.gov/personnel-records-center/vso/boards-for-correction-of-military-records
Since this is tied to characterization of service, this will be a service branch process and not an error correction through NPRC.
Boards for Correction of Military Records / Discharge Upgrades
NPRC Veterans Service Officer (VSO) NOTE: Prior to submitting a request to a Board for Correction of Military Records, ALL administrative avenues must be used. Generally, that means a request to NPRC for a correction (minor corrections can be made by NPRC), then a request to the military service department (service departments can make more corrections than NPRC), and finally if both these fail, then submit DD Form 149, with supporting...
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What exactly are you talking about? The military doesn't distinguish between felonies and misdemeanors with UCMJ.
"The UCMJ does not distinguish between felonies and misdemeanors. The general rule is that a felony is an offense that carries a maximum punishment of one year or more confinement - regardless of the actual punishment imposed. A misdemeanor generally carries a maximum possible punishment of less than one-year confinement.
Summary courts-martial are not criminal convictions. Special courts-martial have a jurisdictional limit of one-year confinement. Some attorneys advise that special courts are therefore misdemeanor offenses.
The UCMJ also has many offenses that are purely military offenses (e.g. absence without leave, disrespect). Some states may consider purely military related offenses as a misdemeanor."
Did you get convicted of something at court martial? Was it erroneous? Can you prove it was erroneous?
"The UCMJ does not distinguish between felonies and misdemeanors. The general rule is that a felony is an offense that carries a maximum punishment of one year or more confinement - regardless of the actual punishment imposed. A misdemeanor generally carries a maximum possible punishment of less than one-year confinement.
Summary courts-martial are not criminal convictions. Special courts-martial have a jurisdictional limit of one-year confinement. Some attorneys advise that special courts are therefore misdemeanor offenses.
The UCMJ also has many offenses that are purely military offenses (e.g. absence without leave, disrespect). Some states may consider purely military related offenses as a misdemeanor."
Did you get convicted of something at court martial? Was it erroneous? Can you prove it was erroneous?
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You don't get to just remove a Courts Martial conviction from your record just because its inconvenient. I understand it's likely negatively impacting your life. It's supposed to. That's the point.
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