Expert: MARK A. HOWELL - 4/22/2009

Question
How do discharge designations for commissioned officers differ from those of enlisted men?  What kind of discharges are given to commissioned officers?  If they resign their commission?  If they are convicted in a military court martial?

Answer
Gerry,
1.  Discharges for officers and enlisted are pretty much the same except officers cannot be given a bad conduct discharge or a dishonorable discharge.  Instead they are given a "dismissal."  This is considered to be the same as a dishonorable discharge.

2.There are 6 types of discharges:
Honorable
Other Than Honorable (OTH)
Dishonorable
General
Bad Conduct
Entry level separation

If you simply resign your commission, you will normally receive an honorable or a general (under honorable conditions) discharge.

If you are convicted in a courts-martial it depends upon the crime committed.  If you are convicted at a general courts-martial for serious offenses (e.g. desertion, sexual assault, or murder, etc.) you may be dishonorably discharged as part of the sentence, as well as sent to prison.  With a dismissal all veterans' benefits are lost, regardless of any past honorable service.  This type of discharge is universally regarded as shameful, and the social stigma attached to it often makes it very difficult to obtain a job.  Additionally, Federal Law prohibits ownership of firearms from those who have been dismissed, and in some states you will lose your right to vote.

If you're considering resigning your commission before facing judicial punishment, you must do so before you are charged with the offense.  After you've been charged, it's too late to simply resign.  Depending upon the severity of the crime, you can still be tried and prosecuted after you've resigned.

You might want to talk to a civilian lawyer in confidence to see what the repercussion of your offense may be.
Colonel H