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    ncborn's Avatar
    ncborn Posts: 3, Reputation: 1
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    #1

    Feb 1, 2011, 01:02 PM
    Bad Conduct Discharge: Felony Yes or No?
    I received a Big Chicken Dinner from the Navy in 1982 for drug possession. Did 10 months in the brig and got the boot. Is this considered a felony and how likely is this bit of history to turn up in a background check?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Feb 1, 2011, 01:16 PM

    Not sure on the Felony part... but the dishonorable discharge part will follow you around for life.
    ITstudent2006's Avatar
    ITstudent2006 Posts: 2,243, Reputation: 329
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    #3

    Feb 1, 2011, 01:37 PM

    The BCD will follow you for the rest of your life.
    Now, to get to your question.

    Is a BCD a felony?

    I was under the impression DHD & BCD were felony convictions under General Court Martial or Special Court Martial. I was also under the impression that BCD's were like the civilian equivalent of felony convictions. On the same token confinement requires more than 1yr to be a felony so if you only served 10months in the brig it looks like it's not a felony conviction.

    I am a current service member of the USMC and will do some research and respond back accordingly.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Feb 1, 2011, 01:45 PM
    Quote Originally Posted by ITstudent2006 View Post
    On the same token confinement requires more than 1yr to be a felony so if you only served 10months in the brig it looks like it's not a felony conviction.
    Hello nc:

    IT is really close... It's not how much time you served that makes it a felony or not... It's how much time you COULD have served.. If they COULD have sentenced you to more than a year for your drug charge, it would be the equivalent of a felony.

    excon
    ITstudent2006's Avatar
    ITstudent2006 Posts: 2,243, Reputation: 329
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    #5

    Feb 1, 2011, 01:51 PM
    Quote Originally Posted by excon View Post
    Hello nc:

    IT is really close... It's not how much time you served that makes it a felony or not... It's how much time you COULD have served that makes it a felony or not.. If they COULD have sentenced you to more than a year for your drug charge, it would be the equivalent of a felony.

    excon
    Very good catch, I didn't even think about that.
    ncborn's Avatar
    ncborn Posts: 3, Reputation: 1
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    #6

    Feb 1, 2011, 01:58 PM
    What I'm after is this. I have applied for a job that will perform a background check. This isn't a security type of job or working with kids. Nothing like that. I just wanted some handle on the likelihood of my USN conviction/discharge showing up in the report. I realize this is like asking, "How high is up?" with all of the different companies providing background services. I had a thought that maybe since it was with the Navy that maybe it would be a little harder to access or since it occurred so long ago it wouldn't be retrieved.
    ITstudent2006's Avatar
    ITstudent2006 Posts: 2,243, Reputation: 329
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    #7

    Feb 1, 2011, 07:21 PM

    I have researched all day and even talked to some guys in my Plt. I have received mixed answers all day. Your best bet is to not include your military background on resumes and don't mention it. Is this lying? No, it's omitting the facts. This isn't a crime.

    Have you looked into the possibility of appealing your court martial conviction to get it upgraded to an OTH discharge...
    ncborn's Avatar
    ncborn Posts: 3, Reputation: 1
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    #8

    Feb 2, 2011, 05:35 AM
    Comment on ITstudent2006's post
    I have and I don't qualify. This is the first time in some twenty years that my discharge has been an issue. In twenty some years no one has been interested in my military service. Thanks for the advice.
    ITstudent2006's Avatar
    ITstudent2006 Posts: 2,243, Reputation: 329
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    #9

    Feb 2, 2011, 07:44 AM

    Has your potential employer brought this to your attention? Who is making it an issue?
    Bassman007's Avatar
    Bassman007 Posts: 1, Reputation: 1
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    #10

    Oct 7, 2011, 07:13 PM
    Rcvd a BCD from the Air Force back in '90.. I have worked at 3 different jobs, including a government job (Homeland Security - TSA)and currently with a state agency. Both did background checks and I did not omit it. I stated what I did, (reported to the wrong base)and all worked out fine. US Customs did not take a liking to it though. Keep on trucking, there are plenty of folks out there who did not have the courage to join the Armed Forces.
    boomer1095's Avatar
    boomer1095 Posts: 5, Reputation: 1
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    #11

    Apr 9, 2013, 09:52 PM
    I got a BCD from a General Court Martial in 1992. I had several State Criminal Checks done and all came back with no violations, misdemeanors or felonies. But on my own I did have an FBI Criminal Check done with fingerprinting and my GCM was on it but it is not classified as a felony, misdemeanor, etc. So unless you have your fingerprints sent to the FBI for a criminal check all should be fine. Also you can go on in life with a BCD.

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