Military Members Are Not Afforded Protection Against Prosecution Because of Their Status

Interviewer: Would a misconception be that being a member of the military is not a protection against serious criminal charges? From what we have discussed, there is a possibility for 2 types of punishments, one from the state and one from the military?

Chris: You could look at it that way, because you could for instance get prosecuted for a DUI by the state and then you could be subject to some type of non-judicial punishment or discharge.

Let’s say that a member of the military, because he got in trouble once was kicked out of the Army. That could be looked at as double punishment but that cannot be used as a viable defense. No matter what, members of the military are more likely to be held accountable.

Interviewer: It’s not a benefit to be a member of the military and it will make the consequences more serious because you’re in the military.

Chris: It’s just so varied. It’s hard to say. It really is. For instance, if you’re in the Army and you get caught doing something, you’re going to be held accountable but the level to which are going to be held accountable will change. Normally, it’s more severe, but, in a few cases, you may get the exception.