Can I get a CHL with a 'blemish' on my military record?

[ScooterSissy]

Okay will do. Thank you for your insight. As for the NJP, I never had anything of the sort, it was just a question. I guess the real question boils down to, is General under honorable considered "Honorable" in Texas CHL eyes? Also was just told that Entry Level Separation is not dishonorable and it is as if I was never in the Military. So I guess, I am good to go?

I can't speak to the entire situation, but "General discharge under honorable conditions" is considered "Honorable" under Texas CHL eyes.

My DD214 reads the same. I enlisted in the Navy, and a medical condition they knew about before hand was decided after I got in to be disqualifying. I was discharged against my wishes after a month. I not only got my CHL, but got the 50% discount.

[E.Marquez]

This is partly incorrect. The Bad Chicken Dinner (BCD) discharge does not always end up with a felony record - sometimes it is just a loss of rank, retirement, and VA services. Beating the snot out of your Lt could get you either the dishonorable or a BCD depending on what the CM review board decided. Also - the BCD can be appealed - file form DD-293 if less than 15 years and form DD-149 if over 15 years.

.

That is partly incorrect

I of course am not a lawyer, did not recently stay at a Holiday Inn Express, and only know what I know.. meaning I may be wrong. I think we have a former military lawyer here someplace, I stand ready to eat my words..

The "felony conviction" is not tied to type of discharge, but the possible punishment (and more see next para).
As an example

Article 134—(Check, worthless, making and uttering—by dishonorably failing to maintain funds)
M a x i m u m p u n i s h m e n t . B a d - c o n d u c t d i s c h a r g e ,
forfeiture of all pay and allowances, and confinement for 6 months.

Then we have.... the Zinger..."It is important to realize that the Uniform Code of Military Justice makes no distinction between felony and misdemeanor. Therefore, it is up to the individual states to decide whether a conviction at court-martial is either a misdemeanor or a felony"

Writing a bad check, could be given a general court marshal, could be given a bad conduct discharge, but can only be sentenced up to 6 months in prison, so NOT a Felony Convection.

A military court-martial conviction is considered a "felony conviction," if the maximum punishment for the offense is one year or more in prison.
It doesn't matter what sentence imposed was, only the MAXIMUM punishment the court *COULD* have imposed IAW to the UCMJ.
Maximum permissible punishment is based on the offense, and the type of court-martial.
The maximum prison-term which can be sentenced by a Summary court-martial is 30 days, regardless of the offense. So a Summery CM will NOT be a felony convection.

Special court-martials may impose sentences up up to one year, prior to May 2002, Special court-martials were limited to imposing sentences no greater than six months. So a Special court-martial convection prior to 2002 would never have been a felony convection. After 2002, it may have been depending on the offense convicted of and the the MAXIMUM punishment the court *COULD* have imposed IAW to the UCMJ.

General court-martials can impose any sentence, up to the maximum punishment listed for the particular offense in the Manual for Courts-Martial UCMJ.

For those convicted by a General court-martial may have a "felony conviction," depending on the maximum punishment authorized for the offense, under the UCMJ.

To the OP, as posted above.. Your administrative desperation resulting in a General under honorable conditions discharge is NOT a punitive action, and only limits you in some types of benefits and rights after discharge. It has no negative legal ramifications.

[ScottDLS]

This is partly incorrect. The Bad Chicken Dinner (BCD) discharge does not always end up with a felony record - sometimes it is just a loss of rank, retirement, and VA services. Beating the snot out of your Lt could get you either the dishonorable or a BCD depending on what the CM review board decided. Also - the BCD can be appealed - file form DD-293 if less than 15 years and form DD-149 if over 15 years.

.

That is partly incorrect The "felony conviction" is not tied to type of discharge, but the possible punishment.

A military court-martial conviction is considered a "felony conviction," if the maximum punishment for the offense is one year or more in prison.
It doesn't matter what sentence imposed was, only the MAXIMUM punishment the court *COULD* have imposed IAW to the UCMJ.
Maximum permissible punishment is based on the offense, and the type of court-martial.
The maximum prison-term which can be sentenced by a Summary court-martial is 30 days, regardless of the offense. So a Summery CM will NOT be a felony convection.

Special court-martials may impose sentences up up to one year, prior to May 2002, Special court-martials were limited to imposing sentences no greater than six months. So a Special court-martial convection prior to 2002 would never have been a felony convection. After 2002, it may have been depending on the offense convicted of and the the MAXIMUM punishment the court *COULD* have imposed IAW to the UCMJ.

General court-martials can impose any sentence, up to the maximum punishment listed for the particular offense in the Manual for Courts-Martial UCMJ.

For those convicted by a General court-martial may have a "felony conviction," depending on the maximum punishment authorized for the offense, under the UCMJ.

To the OP, as posted above.. Your administrative desperation resulting in a General under honorable conditions discharge is NOT a punitive action, and only limits you in some types of benefits and rights after discharge. It has no negative legal ramifications.

A felony for most federal firearms purposes is a crime where you could have been sentenced to MORE than one year. So a special court martial still couldn't give you a felony conviction. Neither can a special court martial give you a Dishonorable discharge (also a bar to firearm ownership), only a general court martial can.

[E.Marquez]

A felony for most federal firearms purposes is a crime where you could have been sentenced to MORE than one year. So a special court martial still couldn't give you a felony conviction. Neither can a special court martial give you a Dishonorable discharge (also a bar to firearm ownership), only a general court martial can.

My understanding of federal law was "Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less."
And as a Special court-martials may impose sentences only up up to one year, I "THINK" I am correct in my position. But of course IANAL

[bizarrenormality]

Does anyone else think a felony is more than a blemish?

Maybe it depends on the branch of service.

[E.Marquez]

Does anyone else think a felony is more than a blemish?

Maybe it depends on the branch of service.

Well keeping in mind the OP does not have a felony from his type of discharge, and he was the one to use the word "blemish" I think it's mostly a moot point

But as you asked,,, yes I think a felony is more than a blemish