OTH and DD

[CAPCom]

Anyone have experience in the "what to do next" department regarding a member who was active duty military but received either a early (before their enlistment was up) Other Than Honorable discharge or Dishonorable Discharge?

Since the question about military discharge status is asked on the initial senior member application, I would imagine either situation might have some impact on membership status.  I'm thinking this a probable 2B situation.

Any help and advice, experiences with this kind of thing, would be appreciated.  Thanks in advance.

[HandsomeWalt_USMC]

I've never dealt with this personally, but a Dishonorable Discharge can only be given as a punitive action by General Courts Martial. The vast majority of lower level military crimes (misdemeanor equivalents) are handled by Summary or Special Courts Martial. A General Court Martial is typically only held for high level felony cases. If convicted by a General Court Martial and sentenced to a Dishonorable Discharge/Dismissal (Officers), the person would then have the status of a convicted felon and would be ineligible for CAP Membership. So yes, a 2B seperating the member from CAP service would be not only appropriate but necessary in my opinion.

[baronet68]

Rather than relying on guidance from an Internet forum, I'd recommend you (or the commander if that's not you) contact Membership Services at NHQ directly: 

membershipservices -at- capnhq.gov

[CAPCom]

Rather than relying on guidance from an Internet forum, I'd recommend you (or the commander if that's not you) contact Membership Services at NHQ directly: 

membershipservices -at- capnhq.gov

I know where to ultimately go with the issue and have no plans to completely "[rely] on" what people respond with.  I'm merely asking for their experiences with this issue (if they've had it or have heard about similar) in order to get advice (do's and don'ts/lessons learned) based on their past experience(s).  Basically, to get a feel for what has happened previously.  Not all situations present black and white solutions or the path to the solution.  Obviously, this isn't an issue with a simple answer nor is it likely a frequently common occurrence. Nothing wrong with asking for some anecdotal in such an uncomfortable and difficult situation.  Besides, better to go to Wing and/or NHQ with knowledge already in my quiver.  That is why I am inquiring.

[Eclipse]

OTH and DD are disqualifiers for membership, therefore a current member who failed to disclose was never
eligible for membership to begin with, so immediate termination for cause.

Same goes for an OTH or DD that occurs sometime during the membership.

Your best course is to simply follow the process, and then the member has the right to appeal if they
want to.

The worst thing you can do is ignore it.

[CAPCom]

The worst thing you can do is ignore it.

Agreed.  But I'm not so sure that an OTH discharge carries the same weight with CAP as a DD would.  There is a section on the senior application that asks for an explanation in regard to DD/OTH.  That leads me to believe that there is a judgement call made at NHQ based on circumstances.

[Eclipse]

Probably - waiver requires approval of the COO and Nation Commander.

[CAPCom]

Probably - waiver requires approval of the COO and Nation Commander.

Correct.  CAPR 39-2, 3.2.2

[CAP9907]

Asked and answered.

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