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-A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction.
What is the difference between summary court-martial and general court-martial?
Summary Courts-Martial: Handle minor offenses with limited penalties. Special Courts-Martial: Address intermediate-level violations. General Courts-Martial: Reserved for the most serious military offenses.
What are the punishments for summary court-martial?
The maximum punishment at a summary court-martial is reduction to the lowest enlisted grade; forfeiture of two-thirds pay for one month; and either confinement for one month, hard labor without confinement for forty-five days, or restriction for two months, or combinations thereof.
Does a summary court-martial show up on a background check?
In that way, Article 15s, administrative separations and summary court martials can end up in a record that might come up in a background check.
Can you refuse summary court-martial?
Therefore, an enlisted service member always has the right to refuse a SCM. If the accused refuses to be tried at a Summary Court-Martial, then the command may refer the charges to a Special Court-Martial, which has the authority to award a harsher punishment.
Service members facing a summary court-martial can expect penalties such as confinement for up to 30 days, reduction in rank, or forfeiture of pay. While the accused has no right to a free military defense attorney, they can hire civilian counsel at their own expense.
Can you turn down a summary court-martial?
You do not have to accept trial by summary court-martial. A summary court-martial is not a federal conviction, though it will most likely have an adverse effect on future military service.
What are the consequences of summary court-martial?
The sentence, or maximum punishment for this type of court-martial may include up to 30 days confinement, forfeiture of two-thirds pay for one month, hard labor without confinement for up to 45 days, restriction for up to two months, and reduction to the lowest enlisted grade.
Related links
Guide for Summary Courts-Martial Trial Procedure
by MJ Handbook 1985 Cited by 5 Record of Trial by Summary CourtMartial (DD Form 2329). The following is an example of a Record of Trial by Summary CourtMartial (DD Form 2329)
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