A criminal proceeding that ends with a finding of guilt might result in jail time, a fine, a reduction in rank or a punitive discharge-either a dishonorable discharge or a bad conduct discharge. A punitive or disciplinary separation is adjudicated through a court martial under the Uniform Code of Military Justice. In the military system, there are two main categories for separations: administrative and punitive, he explained. There's a gray area between an honorable discharge and a dishonorable discharge, and civilian hiring managers might unintentionally lump together the different types when they shouldn't, said Michael Studenka, an attorney with Newmeyer & Dillion in Newport Beach, Calif., and a former judge advocate in the U.S. Federal and state laws prohibit businesses from discriminating against honorably discharged military service members, but employers may also face discrimination lawsuits if they have policies against hiring less-than-honorably discharged veterans.
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