The Lautenberg Amendment, being chaptered out, dishonorable discharge, and GOMORS
The Far-Reaching Consequences of Criminal Convictions on Military Careers
Maintaining discipline and upholding the law are foundational principles within the armed forces. Consequently, a criminal conviction can have severe ramifications on a military career, affecting not only the individual but also the overall unit’s morale and operational effectiveness. This article delves into some effects of a criminal conviction on someone’s career in the armed forces, with a focus on key legal concepts such as the Lautenberg Amendment, being chaptered out, dishonorable discharge, and GOMOR (General Officer Memorandum of Reprimand).
Some of the topics below are possible side effects and consequences of being charged or convicted of a crime while serving in the U.S. military. Every case is different and will impact the service member differently. Please speak to an attorney in your jurisdiction if you have been charged with a crime to discuss your specific circumstances.
The Lautenberg Amendment: A Strict Standard
The Lautenberg Amendment, named after Senator Frank Lautenberg, introduces a federal prohibition on the possession or use of firearms and ammunition by individuals convicted of certain crimes of domestic violence. The significance of this amendment is not limited to the civilian world; it has substantial implications for military personnel as well.
Any service member convicted of a qualifying domestic violence offense will likely face restrictions on their ability to possess or use firearms and ammunition – a critical aspect of military duties, especially in combat roles. This limitation can hinder their deployment opportunities and may lead to reassignment to non-combat positions, or even the end of military service. Read more about domestic violence defense.
Chaptered Out: The End of Military Service
In the context of the armed forces, being “chaptered out” refers to the process of administratively separating a service member from the military due to various reasons, including criminal convictions. A conviction can trigger this process, often resulting in various types of discharge, depending on the circumstances and the individual’s prior service record.
The consequences of being chaptered out are far-reaching. It can lead to the forfeiture of benefits, such as educational assistance, healthcare, and retirement benefits. Moreover, finding civilian employment after being chaptered out may be challenging for some service members, as prospective employers might view the military discharge status as a red flag. This transition can be emotionally and financially taxing, potentially leaving the former service member and their family in a difficult situation.
Dishonorable Discharge: The Ultimate Stain
A dishonorable discharge is the most severe punitive discharge in the armed forces and is typically reserved for individuals who have committed serious offenses, including felonies. This type of discharge can have a catastrophic impact on an individual’s civilian life as well. A dishonorable discharge is a type of military separation for serious offenses during military service. A dishonorable discharge is done through a process called a court-martial.
A dishonorable discharge strips the service member of all military benefits and entitlements, leaving them without the support structure they had relied upon during their service. This includes losing access to the GI Bill, which provides educational assistance, and healthcare services provided by the Department of Veterans Affairs.
A dishonorable discharge can also be a significant barrier to finding employment in the civilian sector. Prospective employers often inquire about an applicant’s military service, and a dishonorable discharge can severely taint their perception of the individual’s character and reliability.
GOMOR: A Reprimand That Lingers
A General Officer Memorandum of Reprimand (GOMOR), is a formal written reprimand issued by a general officer to an officer under their command. This administrative action can be taken for a variety of reasons, including poor performance, misconduct, and criminal convictions.
A GOMOR may become a permanent part of the officer’s military record, which can have serious repercussions on their career trajectory. Promotions, assignments, and special opportunities may be denied based on the negative entry in their record. Moreover, a GOMOR can affect the officer’s reputation and standing within the military community, potentially leading to strained relationships with peers and superiors.
Conclusion
The effects of a criminal conduct on a military career are profound and multifaceted. From limitations on firearm possession under the Lautenberg Amendment to the potential for being chaptered out or receiving a dishonorable discharge, the consequences are far-reaching and can extend into the realm of civilian life. A GOMOR, too, adds a layer of complexity by potentially creating a lasting mark on a service member’s record. Military personnel should be acutely aware of these potential outcomes and make every effort to uphold the values and standards of the armed forces, not only for the sake of their careers but also for the overall effectiveness and reputation of the military.
If you are a current member of the armed forces and you have been charged with a crime, contact an attorney to discuss your case. At the McDowell law firm, we often represent members of the Army and Air Force in the Colorado Springs area. We have handled hundreds of criminal defense cases for service members stationed at local installations. We do free initial consultations for service members at Ft. Carson, Schriever Air Force base, Peterson AFB, Cheyenne Mountain and the Air Force Academy.