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What is a Chapter 10 Discharge in Lieu of Trial by Court-Martial under Chapter 10, AR 635-200
Court-martial charges have been preferred against you, and the charges preferred authorize the imposition of a bad conduct or dishonorable discharge by a court-martial. Action will be taken to separate a soldier when: a. Charges have either been preferred or referred, to a court-martial.
Preferral occurs when the prosecutor drafts the charges and your commander signs and reads you the charges. Referral takes place after preferral. Referral occurs when a commander with authority signs documents authorizing a particular court-martial to hear your case. b. You, the soldier, voluntarily submit a request to the General Court-Martial Convening Authority (GCMCA) through your chain of command requesting discharge instead of court-martial, and the GCMCA grants your request. The purpose of the Chapter 10 is to avoid going to court-martial. A court-martial conviction is a federal conviction and will become part of your civilian record. If you obtain a Chapter 10 discharge you will be out of the Army but you will not have to start civilian life with a federal conviction. Whatever decision you make, you should do so only after consulting a Trial Defense Counsel or an attorney who has experience practicing criminal law.
What is the Procedure for a Chapter 10 Discharge in Lieu of Trial by Court-Martial?
After preferral, referred to a court-martial. You cannot submit a Chapter 10 request unless your case has been preferred with the idea that a BCD Special or General Court-Martial will be convened to hear your case. Likewise, if your case has already been referred, you can only submit the request if your case has been referred to a BCD Special or a General Court-Martial. A lesser court-martial (Special Court-Martial or Summary Court-Martial) does not have the authority to impose a punitive discharge. You then get a copy of the charges and a chance to discuss your options with an attorney. A Trial Defense Counsel or an attorney who is experienced in the practice of criminal law is most qualified to give you advice regarding 2 whether you should submit the request. If you submit the request, your attorney will forward it to the trial counsel (prosecutor). The request will then be forwarded to each commander in your chain of command, who will make a recommendation on whether the request should be approved and, if approved, what type of discharge should be issued. The GCMCA, normally the Commanding General, will approve or disapprove the request. If approved, the GCMCA will decide what discharge you receive. If disapproved, your case will proceed to court-martial.
Know Your Rights Under Chapter 10 Discharge in Lieu of Trial by Court-Martial
-You have a right to consult with consulting counsel within a reasonable time (not less than 72 hours) to consider the wisdom of submitting the Chapter 10 request.
-You have a right to submit statements on your behalf.
-You have a right to obtain copies of the court-martial packet.
-You have a right to waive the above rights in writing.
-You must be informed that part of the process is signing a request admitting your guilt to all or some of the offenses. You must admit guilt to at least 1 offense that authorizes the imposition of a punitive discharge. The Chapter 10 cannot be approved without this admission.
What Type of Discharge Will do I Receive Under a Chapter 10 Discharge in Lieu of Trial by Court-Martial?
Members separated under this program will most likely be given an Other Than Honorable Discharge.
If My Chapter 10 Discharge in Lieu of Trial by Court-Martial, When Will I be Separated?
You will be separated as soon as possible.
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