What is the name of your state (only U.S. law)? South Dakota
I have what I feel is a somewhat unique case. I was convicted at a GCM for two UCMJ offenses, however neither offense carries an allowable sentence of over one year. I was adjudged a BCD as well. According to the 4473 instructions, I must answer "yes" to questions 11b and c. Contrary to a widely held belief, I'm well aware already that a BCD does not fall under the "dishonorable conditions". A "dismissal adjudged by a GCM" is in reference to commissioned officers, whereas an enlisted service member actually must have received a DD. I have reviewed two cases where there was a challenge to the statement that a court martial does not equate to a felony, but in both of those cases, the crime was both punishable by more than one year, and would have been classified as a state felony anyway (grand larceny and rape, respectively). I was convicted of article 108 (dollar value below $500), and 121 (lesser offense - wrongful appropriation), both of which fall into state-level misdemeanor categories. I have considered applying for a UPIN using a voluntary appeal form, but to be honest, I kind of feel let sleeping dogs lie. Advice?
I have what I feel is a somewhat unique case. I was convicted at a GCM for two UCMJ offenses, however neither offense carries an allowable sentence of over one year. I was adjudged a BCD as well. According to the 4473 instructions, I must answer "yes" to questions 11b and c. Contrary to a widely held belief, I'm well aware already that a BCD does not fall under the "dishonorable conditions". A "dismissal adjudged by a GCM" is in reference to commissioned officers, whereas an enlisted service member actually must have received a DD. I have reviewed two cases where there was a challenge to the statement that a court martial does not equate to a felony, but in both of those cases, the crime was both punishable by more than one year, and would have been classified as a state felony anyway (grand larceny and rape, respectively). I was convicted of article 108 (dollar value below $500), and 121 (lesser offense - wrongful appropriation), both of which fall into state-level misdemeanor categories. I have considered applying for a UPIN using a voluntary appeal form, but to be honest, I kind of feel let sleeping dogs lie. Advice?
