[jenstar09]

My husband is in the brig and might be sentenced to 7 months then get a bad conduct discharge. Or get sentenced to 10 months and get an other than honorable. What is the difference and since he is still tecniclly part of the marine corps can I go to school and they pay for it? Meanwhile he's still in.

[Krazi]

Answers.com - Online Dictionary, Encyclopedia and much more


Bad Conduct (BCD)
Unlike an administrative discharge, a Bad Conduct Discharge (BCD) is a punitive discharge that can only be given by a court-martial (either Special or General) as punishment to an enlisted service-member. Bad conduct discharges are often preceded by a period of confinement in a military prison. The discharge itself is not executed until completion of both confinement and the appellate review process. Virtually all veterans' benefits are forfeited by a Bad Conduct Discharge.


--------

Other Than Honorable (OTH)
A OTH is the most severe form of administrative discharge. This type of discharge represents a serious departure from the conduct and performance expected of all military members. OTH discharges are typically given to service members convicted by a civilian court in which a sentence of confinement has been adjudged or in which the conduct leading to the conviction brings discredit upon the service. It can also be given as the result of certain civil hearings, like a divorce for adultery. OTH discharges can be accepted in-lieu of court-martial proceedings at the service-member's request. Persons facing OTH are guaranteed, by the Uniform Code of Military Justice, the right to have their discharge heard by an administrative discharge board, which is similar to a court-martial but is not a public forum.

Recipients of OTH discharges are barred from reenlisting into any component of the Armed Forces (including the reserves), and are normally barred from joining the Army National Guard or Air National Guard, except under rare circumstances which require exception-to-policy waivers. As of September 2006, all 50 states had policies barring the reenlistment of UOTHC discharge recipients.

In addition, the majority of veterans' benefits are not available to individuals who receive an other than honorable conditions discharge, including the Montgomery GI Bill and (in most cases) VA healthcare benefits.

[excon]

Hello jen:

Once he receives his discharge, you won't be eligible for benefits. He MAY receive his discharge when he's sentenced, or when he's released from custody. If he's going to do military time, his discharge may very well occur when he's released.

excon

[Goldenguy]

As long as your husband is in the brig and his military contract is still in effect,then the military must provide education benefits to you because you are his dependent.In order for someone to be discharged as per say is when the appeal that is sent to the APPELLATE REVIEW BOARD in Washington DC has been thoroughly:) reviewd and a final say(judgement) is renderd. Special Court Martials and General Court Martials are rarely overturned ! The review board can return the case records to the Conveaning Authority several times to clean up and correct the record file.All of this is a formality but it will take some time.Generally 4-5 years.Yes you read correctly 4-5 years.So I would try your husbands Command Masterchief or the Ombudsman.Good luck to your husband keep your head up and encourage your husband.This is just a big bump in the road and this one incident doesn't define your husbands character or life.Sometimes we all make bad choices and or decisions.Pick yourself out of the dirt brush yourself off and move on with your lives and your marriage. I'm telling you what a chief in the Navy told me and my life is better off.As time goes on the bad memeories will go away and only the good times will remain.Good luck to both of you and the best for your marriage.This is a NEW Beginning! :)