Trial under UCMJ, is this a misdemeanor or felony? or neither?
My buddy and i have had this argument. He believes it's a felony, i say misdemeanor? is it either? He was trialed under the UCMJ (uniform conduct of military justice) which is military law, civilians cant be trialed under it, just active military members. He was trialed for conspiracy to larceny (insurance fraud) in a military not civilian court with a military judge. His max sentence could of been 1yr in a military prison, but he only got 4months and kicked out of the military. Is this a Felony, misdemeanor, or neither on his civilian record?
Answer:
It will show as a felony on both his civil record as well as his military DoD record. All UCMJ convictions are felonies. You...I mean your friend :) , should have taken the Article 15 if given the choice.
Felony, UCMJ convictions are considered Federal Convictions
Not only is it a felony but he will probably also get a dishonorable discharge. That also stays on his record.
It's neither on his civilian record. He just has to note the fact the he was other than honorably discharged from the military. You can also call the JAG office on any base and they'd be able to confirm it for you. Just call any base operator and ask for the number for the JAG office.
The truth is that a conviction at NJP, Non Judicial Punishment, such as Captain's Mast (navy), Office Hours (Marines) or Article 15 (army and air force) is not considered any type of conviction.
Conviction at Court Marshal, any type, is considered to be a federal felony conviction.
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