Felony or Misdemeanor???

[John1865]

Here's the problem now:

The Air Force Military Justice Division (AFLOA) only has a limited database on non-BCD Court Martial convictions. They sent me a certified copy of my Court Martial database record, and the printout only lists the following:

Special Court Martial - 6/07/1988
Convicted
5 months confinement
Reduction to E-4
$500.00 per month

Can you believe their database doesn't list the criminal offense? I contacted them again, and they tell me this is the only record. The Air Force Base that conducted my Court Martial only maintained the hard-copy for 15-years and destroyed it in 2003.

I also contacted the National Achieves and Record Administration. They informed me in writing that they don't have records of Court Martial convictions, and I must contact AFLOA above.

Texas DPS conducted a preliminary review of my Court Martial record that AFLOA sent and stated, "They can't make a decision if I'm qualified for a Texas CHL without knowing the criminal offense of my Court Martial.”

I have sent a fingerprint request to the FBI to see if they have a criminal record on me, however, I haven’t yet received their response. There is a small possibility the court martial conviction may show the offense on the FBI record. But since my court martial was way back in 1988 and a “non-BCD”, they won't even have a record of it. To support this, I have bought several handguns over the years (one recently), and my background check always comes back clear.

Any thoughts on how to get the Texas DPS to agree my Court Martial Conviction was equal to a misdemeanor without me proving the criminal offense (Petty Larceny)?

 

[SHORTY LONG]

Contact there Appellate Defense Division in Washington, DC and see if you can not get a copy of your Court Martial!

 

[badapple40]

I used to be an appellate defense division attorney. They won't have the record of trial or anything else this long after the CM process is over.

Why can you not just submit an affidavit stating what the offense was?

Sounds to me like that may be the best evidence.

Irregardless of WHAT the offense was, the fact that it was tried in the special court martial forum put a cap on the amount of confinement, making it a misdemeanor.

 

[SHORTY LONG]

I guess the Green-Machine is different than the Air Force, because, that is who
I went to and respectfully requested a copy of mine, in which they sent me within
two months by certified mail!

Yes, it is a [fed]eral felony misdemeanor conviction.

 

[badapple40]

I guess the Green-Machine is different than the Air Force, because, that is who
I went to and respectfully requested a copy of mine, in which they sent me within
two months by certified mail!

Yes, it is a [fed]eral felony misdemeanor conviction.

Shorty: a felony is not a misdemeanor. You can't have a federal felony misdemeanor conviction. The conviction is a felony or it is a misdemeanor. They are different. The former (the felony) limits many rights -- the later (the misdemeanor) is a black mark on the record, but usually doesn't involve civil rights being limitied (e.g. right to vote, carry a firearm, etc).

 

[SHORTY LONG]

Col. BadApple40, Sir, thank you Sir, i stand corrected! Yes, a Federal
misdemeanor conviction. Sir, i now finally understand the difference
Sir, though in my day, it was construed to be a felony conviction Sir.

Thank God the folks that make our laws had enough good sense in
making the law clearer Sir.