Misconduct

A misconduct discharge can result from a pattern of minor disciplinary infractions, a serious military offense, or a conviction by civilian authorities. Common misconduct offenses include drug use and unauthorized absence. If you're thinking of trying to get out for misconduct, you're taking a big risk. Most offenses resulting in a misconduct discharge are also punishable by court-martial, and you could wind up in prison with a bad conduct or dishonorable discharge.

If your command wants to give you a misconduct discharge, the commander must first try to "rehabilitate" you--give you another chance. If the command still decides, against your will, that you should be discharged, you can challenge it. You have the right to a lawyer and to an Administrative Board hearing where you can explain your behavior or defend yourself against unfair accusations. The hearing officers and NCOs will decide if you should be discharged, and what character of discharge (Honorable, General, or OTH) to recommend. Misconduct discharges are usually Under Other Than Honorable conditions.

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