Posted on Nov 18, 2023
As an employer and Veteran, am I within my rights to question an applicant's discharge if they list BCD as reason for leaving?
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I am not familiar with BCD other than I believe it is an administrative discharge and not criminal like a dishonorable (feel free to correct and inform me). Kid seemed well spoken, early to mid 30's and has some IT experience that I could use. Some of my clients require background checks for badge access.
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Discharge
Posted 10 mo ago
Responses: 8
No, a Bad Conduct Discharge (BCD) is not an administrative discharge - it is a punitive one.
If a former service member* has a BCD, then they means they were usually convicted of a serious offense at a Special or General court martial. I say "usually" as it could be multiple lower-level offenses or even a felony-level if there were mitigating circumstances.
Most often a BCD will have been preceded by time in a military prison. A BCD is a federal conviction and will show up on a background check. The only 'light' spot about a BCD is that it isn't a Dishonorable Discharge (DD). However, you can think of a BCD as "A Dishonorable Discharge's younger brother" as both are characterized as "discharged under dishonorable conditions".
Keep in mind that just like the civilian justice system, a conviction by a court martial* doesn't tell the entire story. An established pattern of not following orders could lead to a BCD as well as everything from indecent language to a minor, Malingering, or missing a movement to assault and DUI.
Although none come to mind, you'll want to make sure that you are compliant with your state EEO* laws especially if your state prohibits/limits hiring decisions based on criminal convictions. While almost all state laws are geared towards the non-punitive discharges (Honorable, General, and Other Than Honorable) I didn’t find any off-hand that protect punitive ones.
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* If someone discharged from the military does not have an "other than dishonorable period of service", then they are not considered a veteran by federal law. However, the individual may be in a 'gray area' with a BCD as its' possible they did have an honorable period of service if they got the BCD after their initial enlistment (VA would have to do a discharge characterization to move them out of the gray area).
* Manual for Courts-Martial of the United States (2019 edition) - https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20(Final)%20(20190108).pdf?ver=2019-01-11-115724-610
* EEO laws - Of note is that federal laws like USEERA do not apply to individuals who are discharged from the military under dishonorable conditions
If a former service member* has a BCD, then they means they were usually convicted of a serious offense at a Special or General court martial. I say "usually" as it could be multiple lower-level offenses or even a felony-level if there were mitigating circumstances.
Most often a BCD will have been preceded by time in a military prison. A BCD is a federal conviction and will show up on a background check. The only 'light' spot about a BCD is that it isn't a Dishonorable Discharge (DD). However, you can think of a BCD as "A Dishonorable Discharge's younger brother" as both are characterized as "discharged under dishonorable conditions".
Keep in mind that just like the civilian justice system, a conviction by a court martial* doesn't tell the entire story. An established pattern of not following orders could lead to a BCD as well as everything from indecent language to a minor, Malingering, or missing a movement to assault and DUI.
Although none come to mind, you'll want to make sure that you are compliant with your state EEO* laws especially if your state prohibits/limits hiring decisions based on criminal convictions. While almost all state laws are geared towards the non-punitive discharges (Honorable, General, and Other Than Honorable) I didn’t find any off-hand that protect punitive ones.
------------------------------
* If someone discharged from the military does not have an "other than dishonorable period of service", then they are not considered a veteran by federal law. However, the individual may be in a 'gray area' with a BCD as its' possible they did have an honorable period of service if they got the BCD after their initial enlistment (VA would have to do a discharge characterization to move them out of the gray area).
* Manual for Courts-Martial of the United States (2019 edition) - https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20(Final)%20(20190108).pdf?ver=2019-01-11-115724-610
* EEO laws - Of note is that federal laws like USEERA do not apply to individuals who are discharged from the military under dishonorable conditions
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A BCD is much more than an admin seperation. BCD’s are generally because of criminal behavior that also resulted in time in the brig in additon to a derogatory discharge status, loss of rank and pay.
All of the BCD guys I know was because they were stealing and selling the goods or some other related shenannigans.
It’s well within your rights to question it because a BCD isn’t just a little bad paperwork.
https://www.military.com/benefits/military-legal/types-of-military-discharge.html/amp
All of the BCD guys I know was because they were stealing and selling the goods or some other related shenannigans.
It’s well within your rights to question it because a BCD isn’t just a little bad paperwork.
https://www.military.com/benefits/military-legal/types-of-military-discharge.html/amp
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One of the soldiers in my unit in Germany was convicted of stealing his roommate's wallet, stole his blank checks, and found the soldier's ATM PIN and stole $2,000 from him. He received a Bad Conduct Discharge, 3 years confinement, and the other usual stuff. I may be wrong, but if an employer ever asked him if he had ever been convicted of a felony, he would need to answer yes.
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Cpl Vic Burk
SSG Laurie Mullen He must have got a General Courts Martial to get three years. The maximum sentence (when I was on active duty) for Special Courts Martial was Six, Six, reduction and a kick our of the military. (I worked administrative the last year I was so I learned a bit about this!)
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SSG Laurie Mullen
Cpl Vic Burk - I was the bailiff during his Court Martial. He had a jury of officers and it was a long two days. After the trial they went right into the sentencing phase, and then he was off to Manheim. I heard that he was sent to Ft Lewis to do his time and that he got six months off for good behavior. I don't know what happened to him after that.
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