Do You Get Kicked Out of the Military If You Go to Jail?

The military maintains a high standard of honor and responsibility, holding its service members to an unwavering commitment to discipline, integrity, and duty. When a military member breaks the law, the potential consequences extend to impacting their military career, even if they were charged with a civilian offense. Many service members, therefore, ask, “Do you get kicked out of the military if you go to jail?”

Courts-martial consider several factors when a member of its personnel has faced imprisonment, though they will generally impose some type of discharge in many cases.

Who Has Jurisdiction If You Go to Jail?

Committing an offense off-base presents a wide set of legal ramifications that differ from when a military member violates military law alone. When a service member has violated civilian law, they will be prosecuted in civilian courts and may face incarceration. If the offense is a military violation, it will be prosecuted by military personnel in a court-martial. In some cases, an offense may be prosecutable in both jurisdictions for the same offense.

The Uniform Code of Military Justice (UCMJ) has the role of defining military violations and determining subsequent consequences. This includes military conduct standards, which defines how service members are to conduct themselves both on- and off-base. When a military member violates this code of conduct off-base, such as committing assault, they may be tried in both court systems for separate but concurrent charges.

What Actions Can the Military Take?

When a service member goes to jail, the military will follow a structured set of procedures to assess the nature and extent of the offense and determine the jurisdiction. Even if the charges are isolated to the civil court system, the military may choose to impose further punishments on the military member.

For minor offenses, such as misdemeanors, the military may use non-judicial punishments, which include administrative actions, such as reprimands, forfeiture of pay, and a reduction in rank. Serious offenses, such as felony charges, can result in military confinement and potential discharge.

If a service member is incarcerated for their crime, the military may proceed to discharge that member if their incarceration is long-term. Depending on the severity of the violation and the service member’s record, they may impose a General Discharge or a Dishonorable Discharge. Separation for incarceration reflects the military’s high standard of conduct it demands of its service members.

What Happens After Incarceration for a Military Member?

After incarceration, most military members face some type of discharge unless the offense is relatively minor or the incarceration is brief. When a service member faces either a Bad Conduct discharge or a Dishonorable Discharge, they risk significant long-term consequences. For instance, veteran’s benefits, which include VA healthcare and pension, will be limited or denied altogether.

Additionally, anything less than either an Honorable Discharge or a General Discharge can lead to employment challenges. Discharges remain a public record for military members and can affect job opportunities and other social prospects. This is particularly true when applying for government roles or jobs requiring security clearance.

However, it is possible for a service member to apply for a discharge upgrade post-incarceration. Improved discharge status can open up previously denied benefit options and employment opportunities. Rehabilitation efforts and character conduct after incarceration can influence these decisions, as can applications for “character of service” determinations for those who believe their conduct during their time in the military compensates for the minor offense.

FAQs

Q: What Happens If a Military Member Goes to Jail?

A: The specific consequences that a military member faces if they go to jail depend heavily on the nature and extent of the offense. If the crime was committed off-base, then civilian authorities would prosecute the service member under civilian law, which could include imprisonment. The military may also choose to impose further administrative action, such as confinement and forfeiture of pay. In certain cases, the service member may be discharged from service.

Q: Can You Enlist After Being in Jail?

A: Due to the high standards maintained by the military for its personnel, criminal records pose a significant hurdle to enlistment. However, some waivers are available to those interested in enlisting under the circumstances. Generally, your waiver may be approved if the offense was minor, if a significant period of time has elapsed, and if you have demonstrated successful rehabilitation. Some branches, such as the Army, are more lenient than others, such as the Marine Corps.

Q: Can You Go to Jail for Leaving the Military?

A: Leaving the military without authorization is a serious offense that can result in imprisonment. Under the Uniform Code of Military Justice (UCMJ), Absence Without Leave (AWOL) refers to an unauthorized absence without the intent to remain away permanently. If a service member leaves the military with permanent intent, it is known as Desertion and can lead to years in jail if committed during peacetime. During wartime, Desertion is treated even more severely.

Q: Why Would You Get Kicked Out of the Military?

A: Service members can be kicked out of the military against their will for various reasons, including misconduct, poor performance, medical conditions, personal hardship, or security violations.

Depending on the circumstances of the discharge, service members will receive one of several different types of discharge, including, but not limited to, Honorable Discharge, Medical Discharge, General Discharge, and Dishonorable Discharge. The nature of the discharge will affect access to and eligibility for both veteran benefits and future employment.

Contact a Qualified and Experienced Military Defense Attorney Today

Whether you’ve been charged with civilian crimes or military crimes, it is important that you speak with a knowledgeable and skilled defense attorney with experience in both criminal and military law. The potential consequences you face can impact your military career in addition to your personal life.

Contact Aaron Meyer Law today to discuss the details of your case. Our firm has extensive experience defending clients in both civilian and military courts against possible jail time. Don’t let the possibility of incarceration put your future at risk.