Can a Reservist or Guardsman be discharged for committing a misdemeanor or felony off duty that has nothing to do with the military?

SFC Christopher Taggart — Fri, 09 Feb 2018 19:49:46 -0500

Response by SFC Christopher Taggart made Feb 9 at 2018 7:49 PM

SFC Christopher Taggart — Fri, 09 Feb 2018 19:49:59 -0500

What regulation says that?

Response by LTC Private RallyPoint Member made Feb 9 at 2018 7:54 PM

LTC Private RallyPoint Member — Fri, 09 Feb 2018 19:54:52 -0500

Yes. Felony convictions and misdemeanor charges for domestic violence prohibit carrying a weapon. Possibly others, depending on the crime. What was the charge?

Response by SGT Eric Davis made Feb 9 at 2018 9:00 PM

SGT Eric Davis — Fri, 09 Feb 2018 21:00:45 -0500

If convicted yes depending on the misdemeanor or felony, cause you could be convicted with trespassing and just pay a fine but you could be charge with domestics violence and can’t carry a weapon under the Lautenberg Amendment or law which you are prohibited from carrying a weapon and both are misdemeanors! Just being charge with a crime always doesn’t warrant a discharge is being convicted!

Response by SSG Edward Tilton made Feb 9 at 2018 9:07 PM

SSG Edward Tilton — Fri, 09 Feb 2018 21:07:30 -0500

I had that happen once. A soldier in my Mortar Platoon Killed his brother and then came to drill. They dragged him out in cuffs and I never saw him again

Response by SGT Eric Davis made Feb 9 at 2018 9:13 PM

SGT Eric Davis — Fri, 09 Feb 2018 21:13:20 -0500

Lol well even if that didn’t happen at drill the fact that he would of been arrested any for the crime he still would of gotten a dishonorable discharge cause if he was arrested before or after drill and never showed up again he would of gotten an AWOL!

Response by SGT Eric Davis made Feb 9 at 2018 9:14 PM

SGT Eric Davis — Fri, 09 Feb 2018 21:14:03 -0500

SSG Edward Tilton for your post

Response by CW3 Kevin Storm made Feb 9 at 2018 9:25 PM

CW3 Kevin Storm — Fri, 09 Feb 2018 21:25:45 -0500

It depends on what the felony is.

Response by SGT Eric Davis made Feb 9 at 2018 9:28 PM

SGT Eric Davis — Fri, 09 Feb 2018 21:28:55 -0500

See my other post I didn’t post on your post

Response by SGM Bill Frazer made Feb 10 at 2018 4:34 PM

SGM Bill Frazer — Sat, 10 Feb 2018 16:34:51 -0500

Yes

Response by MSG Private RallyPoint Member made Feb 11 at 2018 3:15 AM

MSG Private RallyPoint Member — Sun, 11 Feb 2018 03:15:11 -0500

Ugh... Yea!

Domestic Violence, DUI, Sexual assault, sex with animals... Yes. Yes. Yes.

MSG Bo

Response by SSG Jeff Hane made Feb 13 at 2018 4:26 PM

SSG Jeff Hane — Tue, 13 Feb 2018 16:26:43 -0500

It is possible, that simply being charged CAN affect your military career. If you are a senior NCO, with a security clearance, for example. It would depend on what the charge is, of course.

Response by CW3 Private RallyPoint Member made Feb 13 at 2018 10:26 PM

CW3 Private RallyPoint Member — Tue, 13 Feb 2018 22:26:18 -0500

This really isn't enough information to answer completely, but I will try. First, it all depends. If convicted of *any* felony, than you are *typically* ineligible to carry a firearm under most laws which would typically mean you cannot serve in the armed forces. This applies to certain misdemeanors as well. There are exceptions, but if your military job involves a security clearance you can be assured that you would be affected by such a conviction. Additionally, any conviction of domestic violence (misdemeanor or felony) also prevents you from owning/using a firearm under the Lautenberg Act which also precludes you from continuing to serve in the armed forces. Regardless, if you ever face conviction of *any* crime under civilian law you are mandated to inform you CoC--even if you are a reservist. Your command and/or JAG will advise you further of what will happen depending on your specific circumstance.

Response by PO1 Jim Edwards made Feb 13 at 2018 10:45 PM

PO1 Jim Edwards — Tue, 13 Feb 2018 22:45:40 -0500

Welcome to Double Jeopardy.... Lets look at the catagorys

Response by MSG Charles Turner made Feb 13 at 2018 11:14 PM

MSG Charles Turner — Tue, 13 Feb 2018 23:14:05 -0500

I do believe so, under Conduct Unbecoming of the Uniform. Soldiers are Soldiers 24 hours a day!

Response by SSG Edward Tilton made Feb 14 at 2018 1:53 PM

SSG Edward Tilton — Wed, 14 Feb 2018 13:53:42 -0500

I had a reservist kill his brother once, he got discharged

Response by MSG John Duchesneau made Feb 15 at 2018 11:05 PM

MSG John Duchesneau — Thu, 15 Feb 2018 23:05:26 -0500

I know of one - but he got sentenced to 18 years.

Response by PV2 Private RallyPoint Member made Nov 7 at 2018 9:49 PM

PV2 Private RallyPoint Member — Wed, 07 Nov 2018 21:49:57 -0500

What if it was petty theft?