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Issues with Active Duty, Reservists, & National Guardsmen

This outline covers military status, discharge types & consequences, legal procedures, and military-court relations, aiding understanding of the unique challenges faced by servicemembers. It delves into the definition of veterans, military punishments, discharge processes, and military prosecution for off-base offenses.

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Issues with Active Duty, Reservists, & National Guardsmen

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  1. Issues with Active Duty, Reservists, & National Guardsmen Brian Clubb Project Director National Drug Court Institute

  2. Outline • Who they are? • Can they participate in your VTC? • Military punishment and discharges • Military and Court relations

  3. Military Status 101 • Active Duty Servicemembers • Full-time • Reservists • Selected Reserve (Drills, Annual Training) • Individual Ready Reserve (Inactive) • National Guardsmen • State National Guard Militia Members • Commanded by State Governors • Army and Air Force

  4. Are Active Duty, Reservists, or National Guardsmen “Veterans?” Depends on your definition of a Veteran • Previously served in the military • Wounded/Served in combat • Served a minimum of 180 days and was discharged under Honorable conditions (VA Definition for most benefits) • Has or is currently serving in the Armed Forces • Army, Navy, Air Force Marine Corps, Coast Guard

  5. Are they in your community? • Active military bases • Reserve bases and installations • National Guard • Recruiting offices • Colleges and Universities

  6. How the military canpunish their personnel • Uniform Code of Military Justice (UCMJ) • Courts Martial • Non-judicial Punishment • NJP, Article 15 Hearing, Captain’s or Admiral’s Mast • Administrative Separation (Admin Sep)

  7. Discharges • Honorable • General • Often preceded by Non-judicial Punishment • May preclude GI Bill benefits • Other Than Honorable (OTH) • Civilian Conviction with Confinement (6 mos.) • Discredit upon the Service • Right to Administrative Discharge Board

  8. Discharges (Cont.) • Bad Conduct Discharge (BCD) / Dishonorable Discharge • Court Martial • Federal Felony Conviction • Firearm ban (Dishonorable) • Lose most or all VA benefits* * VHA Benefits for five years after discharge if served in Iraq or Afghanistan

  9. What will get a Servicemember discharged? • Felonies? • Crimes of violence? • Drug offense or Alcohol Treatment failure = Mandatory processing for discharge • Misdemeanor Domestic Violence Conviction (Lautenberg Amendment)

  10. Lautenberg Amendment • Federal Firearms Ban • Conviction of a “Misdemeanor Crime of Domestic Violence • Use or attempted use of physical force • Threatened use of a deadly weapon • Domestic Violence restraining order • Causes discharge of servicemembers

  11. Military Prosecutionfor Off-base Offenses • “Double Jeopardy” versus “Concurrent Jurisdiction” • Interest of Comity • If in best interest of military, can and will prosecute

  12. Military – Court Relations Post-arrest • Command Legal Officer • Commanding Officer Pre-arrest • Base Staff Judge Advocate General • Base Commander/General

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