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alphalfa
Joined: 12 Feb 2003
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Posted: Wed May 16, 2012 8:16 pm Post subject: Federal CBC - military service |
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In America, will a Federal CBC include a search of one's record of dismissal from military service? Specifically, will the reason for a general discharge from military service appear on the Federal CBC? (reason: trace evidence of cocaine in the body from having tried it).
This does not apply to me but rather to a former co-worker who has been in Korea for 3+yrs and who asked me to submit his inquiry to this forum. This person will return to Korea by the end of the month, having submitted the necessary paperwork to obtain a Federal CBC (apparently, it can take up to 12 weeks).
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jasonXkeller
Joined: 17 Jan 2012 Location: Redlands, CA
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Posted: Wed May 16, 2012 9:49 pm Post subject: |
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This is not a simple answer. More information is needed. A General discharge could have been conducted as a Special Courts Martial. A SCM constitutes the equivalent of a misdemeanor charge in the civilian sector. If this is the case, it will most certainly disqualify him from obtaining a visa. If (your friend can tell you) the service member was given Non-Judicial Punishment, then he will be just fine. NJP is NOT a criminal conviction. Accepting NJP does not even legally imply guilt, even if it does result in a discharge. It will preclude him from working for most government agencies, but will not show up on the CBC.
Substance abuse charges are especially serious in Korea. I wouldn't hold out much hope for him unless he was discharged with only the NJP, which is possible. A SCM would usually result in an Other than Honorable discharge. |
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CentralCali
Joined: 17 May 2007
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Posted: Wed May 16, 2012 11:00 pm Post subject: |
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Sentences at a court-martial do not include ordering of a general discharge. They may, however, include the ordering of a bad conduct or a dishonorable discharge. The OP's friend will have "discharge" listed under "type of separation" and "general" under "character of service". "Honorable," "General," and "Other Than Honorable" are determined based on a qualifications matrix in the Department of Defense regulation governing separation from military service.
The friend should pay for an expedite service to personally deliver the request for the CBC to find out for sure if information regarding a court-martial was submitted to the Feebs. |
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young_clinton
Joined: 09 Sep 2009
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Posted: Thu May 17, 2012 4:19 pm Post subject: |
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That's pretty disgusting. Makes you not want to join the military. You sign up to risk your life for your country and this is what you get? |
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Hokie21
Joined: 01 Mar 2011
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Posted: Thu May 17, 2012 4:23 pm Post subject: |
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So you're saying that if you sign up for the military you should be allowed to do cocaine without repercussions? |
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jasonXkeller
Joined: 17 Jan 2012 Location: Redlands, CA
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Posted: Fri May 18, 2012 12:47 pm Post subject: |
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Hokie21 wrote: |
So you're saying that if you sign up for the military you should be allowed to do cocaine without repercussions? |
What he said.
And I should also note that my honorable discharge didn't show up on my CBC. Not sure why a general one would...unless there was a courts martial.
@CentralCali I wasn't sure if the admin-sep boar would be a condition of the sentence or not, but it makes sense if it wasn't a BCD or OTH. |
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