Loss Of Your Retirement From Involuntary Separation or a Bad Conduct Discharge Can Be Severe

Posted by Ernesto Gapasin | Oct 13, 2023 | 0 Comments

A military service member who has several years under their belt has a lot to lose if a discharge from a court-martial were to occur.  It is possible to lose your military retirement benefits if you are convicted at a court-martial. The specific impact on your retirement benefits will depend on the severity of the conviction, the type of court-martial, and the specific circumstances surrounding the case. Here are some key points to consider:

Forfeiture of Pay and Allowances: One of the potential consequences of a court-martial conviction can be the forfeiture of pay and allowances. This means that part or all of the pay and allowances you earned while in the military may be withheld. This can have a significant impact on the calculation of your retirement pay, as your retirement pay is typically based on your highest-earning years in the military.

Reduction in Rank: Depending on the outcome of the court-martial, you may be reduced in rank. A reduction in rank can affect the calculation of your retirement benefits, as your retirement pay is often based on your highest rank achieved.

Disqualification for Retirement Benefits: In certain cases, particularly those involving serious criminal offenses, a court-martial can result in a service member being disqualified from receiving any retirement benefits. This is more likely in cases of dishonorable discharges or punitive discharges.

Impact on VA Benefits: A dishonorable or bad conduct discharge can also affect a veteran's eligibility for certain benefits from the Department of Veterans Affairs (VA).

It's important to note that each case is unique, and the specific consequences of a court-martial conviction will depend on the circumstances, the charges, and the actions taken by the military. Service members facing a court-martial should consult with legal counsel to understand the potential impact on their retirement benefits and to mount a defense if they believe the charges are unjust or disproportionate.

Keep in mind that military retirement benefits are governed by complex rules and regulations, so if you are seeking legal advice from a qualified military attorney, call Gapasin Law Group, LLC to help you. Our goal is to defend you if you are facing potential loss of retirement benefits from an involuntary separation or bad conduct discharge at a court-martial.  Contact us by filling out the Contact Form today and we will consult with you about your case.

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Ernesto Gapasin



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