Legal Definitions - BCD special court-martial

A BCD special court-martial refers to a specific type of military court proceeding that has the authority to impose a Bad Conduct Discharge as part of its sentence. To understand this, let's break down the components:

• A Bad Conduct Discharge (BCD) is a punitive discharge from military service. It is a severe form of punishment, typically imposed for serious misconduct, and results in the loss of many veteran benefits and significant social stigma. It is less severe than a Dishonorable Discharge but more severe than an administrative discharge.
• A special court-martial is an intermediate-level military court, less serious than a general court-martial but more serious than a summary court-martial. It is convened to try non-capital offenses and can impose a range of punishments, including confinement, forfeiture of pay, reduction in rank, and, in some cases, a Bad Conduct Discharge.

Therefore, a BCD special court-martial is a special court-martial that has been specifically empowered to impose a Bad Conduct Discharge, indicating that the offenses being tried are considered serious enough to warrant such a severe punitive separation from service.

Examples:

• Example 1: Repeated Absent Without Leave (AWOL)

  A junior enlisted service member, Private Miller, repeatedly fails to report for duty and is found to be Absent Without Leave (AWOL) on multiple occasions over several months. While each instance of AWOL might individually be a minor offense, the pattern of repeated disregard for military orders and duty obligations significantly disrupts unit readiness and discipline. Because administrative measures have failed to correct Private Miller's behavior, a BCD special court-martial is convened. The court determines that Private Miller's persistent misconduct warrants a punitive discharge to remove him from service, and it imposes a Bad Conduct Discharge along with a period of confinement.

  This example illustrates a BCD special court-martial because the court, despite being an intermediate-level special court-martial, has the authority to impose a Bad Conduct Discharge due to the cumulative severity of the service member's repeated offenses.

• Example 2: Illegal Drug Use with Aggravating Factors

  Sergeant Evans, a non-commissioned officer, tests positive for illegal drug use during a random urinalysis. Further investigation reveals that Sergeant Evans had previously received counseling for suspected drug use and was in a position of leadership, making his actions particularly damaging to unit morale and good order. While a first-time positive drug test might sometimes be handled administratively, the aggravating factors of leadership position and prior warnings lead to the convening of a BCD special court-martial. The court finds Sergeant Evans guilty and sentences him to a Bad Conduct Discharge, forfeiture of pay, and reduction in rank.

  This example demonstrates a BCD special court-martial because the court is empowered to issue a Bad Conduct Discharge, reflecting the military's view that Sergeant Evans's misconduct, especially given his leadership role and prior history, warrants a punitive separation from service.

• Example 3: Serious Disorderly Conduct Off-Base

  During off-duty hours, Petty Officer Chen engages in a severe public altercation in a foreign port, resulting in significant property damage and bringing discredit upon the U.S. Navy. The local authorities press charges, and the incident garners negative media attention. Although the offense is not a capital crime, its impact on the military's reputation and international relations is substantial. A BCD special court-martial is convened to address Petty Officer Chen's actions. The court finds him guilty of disorderly conduct and other related charges, imposing a Bad Conduct Discharge to signify the military's condemnation of his behavior and to remove him from service.

  This example shows a BCD special court-martial in action, as the court, an intermediate military tribunal, has the specific authority to impose a Bad Conduct Discharge for misconduct that, while not a felony, is serious enough to warrant a punitive separation and uphold military standards.