Issues with Active Duty, Reservists, & National Guardsmen Brian Clubb Project Director National Drug Court Institute

Outline Who they are? Who they are? Can they participate in your VTC? Can they participate in your VTC? Military punishment and discharges Military punishment and discharges Military and Court relations Military and Court relations

Military Status 101 Active Duty Servicemembers – Full-time Reservists – Selected Reserve (Drills, Annual Training) – Individual Ready Reserve (Inactive) National Guardsmen – State National Guard Militia Members – Commanded by State Governors – Army and Air Force

Are Active Duty, Reservists, or National Guardsmen “Veterans?” Depends on your definition of a Veteran Previously served in the military Wounded/Served in combat Served a minimum of 180 days and was discharged under Honorable conditions (VA Definition for most benefits) Has or is currently serving in the Armed Forces – Army, Navy, Air Force Marine Corps, Coast Guard

Are they in your community? Active military bases Reserve bases and installations National Guard Recruiting offices Colleges and Universities

How the military can punish their personnel Uniform Code of Military Justice (UCMJ) Courts Martial Non-judicial Punishment – NJP, Article 15 Hearing, Captain’s or Admiral’s Mast Administrative Separation (Admin Sep)

Discharges Honorable General – Often preceded by Non-judicial Punishment – May preclude GI Bill benefits Other Than Honorable (OTH) – Civilian Conviction with Confinement (6 mos.) – Discredit upon the Service – Right to Administrative Discharge Board

Discharges (Cont.) Bad Conduct Discharge (BCD) / Dishonorable Discharge – Court Martial – Federal Felony Conviction – Firearm ban (Dishonorable) – Lose most or all VA benefits* * VHA Benefits for five years after discharge if served in Iraq or Afghanistan

What will get a Servicemember discharged? Felonies? Crimes of violence? Drug offense or Alcohol Treatment failure = Mandatory processing for discharge Misdemeanor Domestic Violence Conviction (Lautenberg Amendment)

Lautenberg Amendment Federal Firearms Ban Conviction of a “Misdemeanor Crime of Domestic Violence – Use or attempted use of physical force – Threatened use of a deadly weapon Domestic Violence restraining order Causes discharge of servicemembers

Military Prosecution for Off-base Offenses “Double Jeopardy” versus “Concurrent Jurisdiction” Interest of Comity If in best interest of military, can and will prosecute

Military – Court Relations Post-arrest Command Legal Officer Commanding Officer Pre-arrest Base Staff Judge Advocate General Base Commander/General