Court Martial
Court Martial
Posted on Nov 1, 2023
RE-4. BC Discharge. Is there any possible way back in or did I royally screw myself out of my dream job?
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Went through a special court-martial for A/AWD and did a 6-month stint at Miramar. Event and court happened in 2019.
Recruiters seem to think I can contact a DA or my Congressman to maybe find some leeway (I’m from California).
I have my doubts, although that doesn't stop me from wanting back in.
Any relevant information is appreciated. Thank you.
Recruiters seem to think I can contact a DA or my Congressman to maybe find some leeway (I’m from California).
I have my doubts, although that doesn't stop me from wanting back in.
Any relevant information is appreciated. Thank you.
Re-enlistment
Discharge
Court Martial
Posted 6 mo ago
Responses: 39
Anything's 'possible', but 'probable' is an entirely different thing. I'll be frank with you up front - unless you have some special skill that is in critical demand in the military or you have some personal influence with the waiver authority, you'll be spinning your wheels.
About the only thing you have going for you is "at least it wasn't a dishonorable discharge".
Unless you have a reason that you should have a discharge upgrade, then seeking Congressional help is a waste of time. The best they could do is help to bring a spotlight to a case of injustice, but their office isn't going to invest much time in helping you unless there is more to your story.
However, if there IS more to your story such as your were suffering from PTSD, a TBI, or some other mental health condition in 2019, but didn't get a formal diagnosis until after your conviction, then you might have a chance at getting an upgrade.
On the reenlistment side, you may not even need a waiver if that's the only thing in your background. Without knowing what "A/AWD" is (I don't speak shorthand jailbird), Special Courts-Martial convictions are GENERALLY consider "misconduct" level offenses instead of "major misconduct".
While you won't require a Moral waiver based on the conviction, you will need one based on the RE-4 code (which will amount to the same thing). You'll have to display a sufficient mitigating circumstances that clearly justify approving the waiver. In other words, you'll have to show that your of the moral fiber and character that the Recruiting Battalion Commander would accept.
If "A/AWD" is one of those prohibited offenses for enlistment, then it's easy - the answer will be an unequivocal "No".
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* https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN6642-AR_601-210-001-WEB-1.pdf
* https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30547-ARMY_DIR_2020-09-000-WEB-1.pdf
About the only thing you have going for you is "at least it wasn't a dishonorable discharge".
Unless you have a reason that you should have a discharge upgrade, then seeking Congressional help is a waste of time. The best they could do is help to bring a spotlight to a case of injustice, but their office isn't going to invest much time in helping you unless there is more to your story.
However, if there IS more to your story such as your were suffering from PTSD, a TBI, or some other mental health condition in 2019, but didn't get a formal diagnosis until after your conviction, then you might have a chance at getting an upgrade.
On the reenlistment side, you may not even need a waiver if that's the only thing in your background. Without knowing what "A/AWD" is (I don't speak shorthand jailbird), Special Courts-Martial convictions are GENERALLY consider "misconduct" level offenses instead of "major misconduct".
While you won't require a Moral waiver based on the conviction, you will need one based on the RE-4 code (which will amount to the same thing). You'll have to display a sufficient mitigating circumstances that clearly justify approving the waiver. In other words, you'll have to show that your of the moral fiber and character that the Recruiting Battalion Commander would accept.
If "A/AWD" is one of those prohibited offenses for enlistment, then it's easy - the answer will be an unequivocal "No".
------------------------------------------------------------
* https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN6642-AR_601-210-001-WEB-1.pdf
* https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30547-ARMY_DIR_2020-09-000-WEB-1.pdf
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PVT(P) Aaron M. M. Bryant
I thought it was far-fetched.
A/AWD is assault and assault with deadly weapon (non-firearm).
Thank you for this information.
A/AWD is assault and assault with deadly weapon (non-firearm).
Thank you for this information.
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COL Randall C.
PVT(P) Aaron M. M. Bryant - Ah. That would be classified as a "Major Misconduct" than (i.e., Felony). In that case, it wouldn't be the Recruiting Battalion Commander, the waiver approving authority is the CG, USAREC.
The slim chance has now gone to 'better odds of hitting the lottery .. twice'.
I think CPT (Join to see)'s comments apply. Get your life in order and put some good to cover up your actions. Keep your record spotless and if you still want to rejoin down the road, then you'll at least have proof that you're not that Soldier anymore and have reformed.
The slim chance has now gone to 'better odds of hitting the lottery .. twice'.
I think CPT (Join to see)'s comments apply. Get your life in order and put some good to cover up your actions. Keep your record spotless and if you still want to rejoin down the road, then you'll at least have proof that you're not that Soldier anymore and have reformed.
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PVT(P) Aaron M. M. Bryant
COL Randall C. I’ll keep on that. 4 years and counting, sir, but I don’t think I’ll ever not be a soldier. Mentality-wise.
Thank you very much for the information you supplied, I’m grateful.
Thank you very much for the information you supplied, I’m grateful.
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LCDR Rich Bishop
Very little chance....the main question would be why did you do what you did in the first place, especially if you liked the military? I have seen members get an acceptation but that was due to minor issues.
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You went to a special court martial for assault , did 6 months at the Miramar brig, received a BCD and and an RE-4 and you want to come back in?
Sorry to say but with all of those combined it will be extremely difficult to make any progress in coming back. Unless there is evidence that the charges/punishment were erroneous/false I doubt a DA or Congressmember has anything to go on to even start trying to appeal on your behalf.
Sorry to say but with all of those combined it will be extremely difficult to make any progress in coming back. Unless there is evidence that the charges/punishment were erroneous/false I doubt a DA or Congressmember has anything to go on to even start trying to appeal on your behalf.
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The normal practice for those having received a Big Chicken Dinner are generally not allowed to reenlist. The RE 4 disallows you to reenlist and waivers for this RE Code are not granted unless serious extenuating circumstances/evidence is presented.
And, if my Google-Fu is correct, the A/AWD is for attempted assault with a deadly weapon?
Unless you can prove all charges and conviction was given erroneously, you stand not a snowball chance.
And, if my Google-Fu is correct, the A/AWD is for attempted assault with a deadly weapon?
Unless you can prove all charges and conviction was given erroneously, you stand not a snowball chance.
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MSG (Join to see)
PVT(P) Aaron M. M. Bryant as I said, that's the normal practice. However, there is always that odd off chance it could work for you. If your Recruiter is saying there is a chance....then roll the dice and see what happens. I just want to make sure you understand to not get your hopes up.
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LTC William Gilmore
Any extenuating circumstances that didn't come out in court? e.g., self-defense. If it was straight up assault, then you are probably not going to be able to return to service. But, anything is possible!
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LTC William Gilmore
Also, if you are able to re-enlist and your command finds out about your prior history, they may make your life miserable. Think about it long and hard if that's what you are willing to face!
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SFC Bryan Trunnell
It might be a long shot end around, but see if National Guard/ANG or Reserve might do the legwork, see if they can get some stuff overturned or waivered. You never know. Keep your nose clean in the Reserve, apply for AD waiver back to preferred component.
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