Legal Definitions - bad-conduct discharge

A bad-conduct discharge is a punitive separation from military service, meaning it is imposed as a punishment for serious misconduct. It is issued by a special court-martial, which is a military court proceeding for offenses that are more serious than those handled by summary courts-martial but generally less severe than those tried by a general court-martial.

This type of discharge signifies a significant failure to uphold military standards of conduct and discipline. While it is less severe than a dishonorable discharge, a bad-conduct discharge carries substantial negative consequences, including the loss of most veteran benefits, such as educational assistance, healthcare, and home loan eligibility. It also creates a permanent record that can significantly hinder future civilian employment opportunities.

• Example 1: Repeated Absence Without Leave (AWOL)

  A service member, Private Miller, repeatedly failed to report for duty over several months, accumulating numerous unauthorized absences despite receiving counseling and lesser disciplinary actions. His pattern of disregard for his military obligations led to a special court-martial, where he was found guilty of repeated absence without leave. The court determined that his persistent misconduct warranted a bad-conduct discharge, reflecting his failure to adhere to fundamental military duties and the impact on unit readiness.

• Example 2: Assault on a Fellow Service Member

  During an off-duty incident, Sergeant Davis engaged in a physical altercation with another service member, resulting in minor injuries to the victim. After an investigation, Sergeant Davis was charged and tried by a special court-martial. The court found him guilty of assault, concluding that his actions constituted serious misconduct that violated military order and discipline. As a consequence, he received a bad-conduct discharge, signifying a punitive separation due to his violent behavior.

• Example 3: Theft of Government Property

  Specialist Chen was found to have repeatedly stolen small items of government property from the supply room and sold them to local civilians. The value of the stolen items, while not extremely high, indicated a pattern of dishonesty and misuse of trust. A special court-martial convicted Specialist Chen of theft of government property. The court issued a bad-conduct discharge, determining that her actions demonstrated a serious breach of integrity and military regulations, making her unsuitable for continued service.