Lincoln Memorial University Law Review Archive
First & Last Page
158-177
Abstract
I participated in multiple court-martials and administrative discharges during my time of active-duty military service, primarily representing the servicemember’s command. Twenty years later, a federal criminal law course in law school drew my attention to specific consequences of military discharges. This article explores U.S. discharge policies, practices, consequences of discharge types, and the possible recourse paths. This examination started with research on discharge impacts on one’s Second Amendment right to bear arms; however, an array of discharge impacts emerged.While the U.S. Code provides discharge guidelines, each branch of the U.S. military is given a wide berth in application of the policies. Additionally, the Veterans Administration (VA) has the power to alter discharge types and withhold benefits based on its own review. Servicemembers can appeal discharge types through review boards, the VA, or military service branch court of appeals. However, the processes are rarely successful because parties bear burdens of proof and review officials are reluctant to overturn the military decisions despite Government Accountability Office findings of inaccuracy and discrimination trends. Ultimately, dishonorable discharges are automatically equivalent to civilian felony convictions, and both classifications are stripped of their right to bear arms. Yet, this analysis found the military path to becoming a “felon” paved with questions.
Recommended Citation
Heidi Timmerman,
An Examination of the Impact of a Dishonorable Discharge Upon Second Amendment Rights.,
12
Lincoln Mem’l U. L. Rev.
(2024).
Available at:
https://digitalcommons.lmunet.edu/lmulrev/vol12/iss1/3
