Originally Posted by
Chugalug2
The sentence though seems excessive to me; a dishonourable discharge, and a criminal record (for the suspended prison sentence).
Did he actually get a 'dishonourable discharge'?
I know in the U.S. these terms differ for officers and enlisted and even among the services. And the media always seems to get it messed up anyway.
I was under the impression that the sentence included a 'Dismissal without Disgrace' as described here:
3.2 Dismissal and Dismissal with Disgrace from Her Majesty’s Service
3.2.1 Dismissal is a sentence imposed by a court; discharge is an administrative action resulting in the ending of employment. Although the effects may appear similar, there are significant differences. Dismissal either with or without disgrace can have far-reaching consequences on an ex-Service person in civilian life. The primary consideration for the Court Martial is whether the offence is serious enough that the offender should be dismissed as a sentence [s 265(1)]. In R v Downing18 Judge LCJ said:
“The question whether the criminal activities of a member of the military require dismissal from the Service is pre-eminently, although not exclusively, a decision for the Court Martial. For this purpose, for the assessment of the impact of the applicant’s convictions on his ability to continue to serve in the relevant force, the Court Martial must be regarded as an expert tribunal, entitled to the same level of respect to which any such tribunal is entitled when an appeal court is considering its decision.”
It is, therefore, well established that dismissal should not be imposed as a matter of mere expediency. It would be wrong in principle to dismiss purely because the offender is, for some extraneous reason, not fitted for Service life, or states that he does not wish to remain in the Service. In those circumstances administrative discharge may be appropriate, and that is not a matter within the power of the court. Dismissal can be awarded with or without either imprisonment or detention, and in combination with any other punishment. Dismissal and dismissal with disgrace remains on an offender’s record for 12 months from the date of sentence before becoming spent; (6 months for offenders sentenced when under 18 years old).
3.2.3 An offender who is dismissed from the Service must also be reduced to the ranks [s 295(4)] (except in the case of a commissioned officer, whose commission is forfeit) and has no right to a resettlement course or terminal leave. There is inevitably a financial effect on the offender of losing his job, and added effects, which may be more significant, if he has not yet qualified for a pension in immediate payment (see para 3.3 below).
https://www.judiciary.gov.uk/wp-cont...rt-martial.pdf