Issues with Active Duty, Issues with Active Duty, Reservists, & Reservists, &

National GuardsmenNational Guardsmen

Brian ClubbBrian ClubbProject DirectorProject Director

National Drug Court InstituteNational Drug Court Institute

OutlineOutline

• Who they are?Who they are?• Can they participate in your VTC?Can they participate in your VTC?• Military punishment and Military punishment and

dischargesdischarges• Military and Court relationsMilitary and Court relations

Military Status 101Military Status 101

• Active Duty Servicemembers– Full-time

• Reservists– Selected Reserve (Drills, Annual Training)– Individual Ready Reserve (Inactive)

• National Guardsmen– State National Guard Militia Members– Commanded by State Governors– Army and Air Force

Are Active Duty, Reservists, or National Guardsmen “Veterans?”

Depends on your definition of a Veteran• Previously served in the military• Wounded/Served in combat• Served a minimum of 180 days and was

discharged under Honorable conditions (VA Definition for most benefits)

• Has or is currently serving in the Armed Forces – Army, Navy, Air Force Marine Corps, Coast Guard

Are they in your community?

• Active military bases• Reserve bases and installations• National Guard• Recruiting offices• Colleges and Universities

How the military canpunish their personnel

• Uniform Code of Military Justice (UCMJ)

• Courts Martial• Non-judicial Punishment –NJP, Article 15 Hearing, Captain’s or

Admiral’s Mast

• Administrative Separation (Admin Sep)

Discharges

• Honorable• General– Often preceded by Non-judicial Punishment–May preclude GI Bill benefits

• Other Than Honorable (OTH)– Civilian Conviction with Confinement (6

mos.)– Discredit upon the Service– Right to Administrative Discharge Board

Discharges (Cont.)

• Bad Conduct Discharge (BCD) / Dishonorable Discharge– Court Martial– Federal Felony Conviction– Firearm ban (Dishonorable)– Lose most or all VA benefits*

* VHA Benefits for five years after discharge if served in Iraq or Afghanistan

What will get a Servicemember discharged?

• Felonies?• Crimes of violence? • Drug offense or Alcohol Treatment

failure = Mandatory processing for discharge

• Misdemeanor Domestic Violence Conviction (Lautenberg Amendment)

Lautenberg Amendment

• Federal Firearms Ban • Conviction of a “Misdemeanor Crime

of Domestic Violence–Use or attempted use of physical force– Threatened use of a deadly weapon

• Domestic Violence restraining order• Causes discharge of servicemembers

Military Prosecutionfor Off-base Offenses

• “Double Jeopardy” versus “Concurrent Jurisdiction”

• Interest of Comity• If in best interest of military, can and

will prosecute

Military – Court Relations

Post-arrest• Command Legal Officer• Commanding Officer

Pre-arrest• Base Staff Judge Advocate General• Base Commander/General