Punitive Discharge Defined

Discharges in the military can be received for a variety of reasons, but some are more serious than others. Honorable or general discharges can be received for anything from expiration of term of service to parenthood. Other circumstances worthy of a discharge include disability, minor disciplinary infractions and unsuitability. Although this form of discharge does not require any judicial action, a minor punishment may still be executed before formal dismissal.

On the opposite end of the discharge spectrum lays the bad conduct and dishonorable discharge. Both of these are a form of punitive discharge. This means that the service member will receive a court martial as punishment. Bad conduct and dishonorable discharges are not executed until after a period of confinement and a court martial appeal have been completed.

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Court Martial Appeal Procedure

After a discharge has been ruled, there are still options available for appealing the ruling. Following a court martial, any punitive discharge will be reviewed by a military appellate court. Depending on the branch of the service person in question, a court martial appeal will be reviewed by one of the following: the Army Court of Criminal Appeals, Air Force Court of Criminal Appeals, Navy-Marine Corps Court of Criminal Appeals or the Coast Guard Court of Criminal Appeals. Each of these courts consists of appellate military judges. They have the power to review any case as if it were a new trial. These courts can question anything believed to be a legal error. The judges can also question the factual basis of the conviction.

Even if an individual fails to over-turn a discharge at this level of appellate court, there is still one more option before the discharge is final. Either the individual who is being accused or the government can request an additional appeal. After the initial appeal through the Army, Air Force, Navy-Marine or Coast Guard court, the case can be given to the Court of Appeals for the Armed Forces. This court is usually seen as being the last resort for over-turning an appeal.