AWOL As an E5

[badapple40]

AWOL and a BCD could be, but is not necessarily, considered a federal felony. It also depends on the purpose of why you are looking at the issue (e.g. state law issues concerning licenses would look to state law definitions, etc). If it is plain old AWOL, not terminated by apprehension, the max penalty is 6 months. That is not considered a felony. Also, prior to the '02 amendments to the MCM, special court-martial convictions were not considered felonies as a result of the limitations on punishments at those forums.

 

[SHORTY LONG]

confused AWOL As an E5

OK, but correct me if I may be wrong; that is, "when one is convicted by a court-martial" is this not a federal trial? Then would it not go without saying, that one would then have a federal conviction! Yes, I realize the difference of a felony and misdemeanor conviction (which falls under the table of crimes and punishments [MCM]); but still the conviction comes from a military tribunal, then it is federal conviction no matter how you look at it!

 

[badapple40]

I agree, a special or general court-martial conviction is a federal conviction. I do think the distinction between felony and misdeanor is important though.