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Complaint in Federal District Court for a Mandatory Injunction to...

Broward Florida Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

Name: Broward Florida Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
Brand: US Legal Forms
Rating: 4.66 (478 reviews)

Category:

Federal - Injunctions

State:

Multi-State

County:

Broward

Control #:

US-02159BG

Format:

Instant download

Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. For example, in a custody case, an injunction may be used to prevent a party from removing a child from the country. Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injunction is not granted. Failure to comply with a notice of an injunction is punishable by being held in contempt of court.

Mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.

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How to fill out Broward Florida Complaint In Federal District Court For A Mandatory Injunction To Prevent The Substitution Of An Honorable Discharge For Invalid, Punitive Court - Martial Ordered Discharge?

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FAQ

For enlisted members, there are two types of punitive discharges Bad Conduct Discharge (BCD) or Dishonorable Discharge (DD). While BCDs can be adjudged at either a Special Court-Martial or a General Court-Martial, DDs can only be adjudged at a General Court-Martial. Officers cannot receive BCDs or DDs.

Article 132 of the Uniform Code of Military Justice makes it a criminal offense for a U.S. service member to defraud the United States of its property.

Adultery in the military is addressed under Article 134 of the UCMJ, also known as the General Article, which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline.

Dishonorable discharges are handed down for what the military considers the most reprehensible conduct. This type of discharge may be rendered only by conviction at a general court-martial for serious offenses (e.g., desertion, sexual assault, murder, etc.) that call for dishonorable discharge as part of the sentence.

A soldier who is single and has sex with a married person is also considered to be adulterous. These acts are considered to be of a nature that brings discredit upon the armed forces and is in violation of good order and discipline.

A Dishonorable Discharge is reserved for truly reprehensible crimes such as murder, manslaughter, sexual assault, and desertion. Those who receive a Dishonorable Discharge will lose all of their military benefits and are forbidden from owning firearms as civilians.

Dishonorable Discharge It is the most severe punitive discharge a military member can receive. Desertion, murder, fraud and other crimes that violate the Uniform Code of Military Justice (UCMJ) can lead to a dishonorable discharge.

This includes an amendment to Article 137, UCMJ, which requires officers with authority to convene general or special courts-martial or to administer non-judicial punishment (NJP) to receive training on the purpose and administration of the UCMJ.

A person convicted under Article 134 for extramarital sexual misconduct faces a maximum punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

A discharge awarded by sentence of a court-martial. There are two types of punitive discharges: (a) Bad conduct. A separation from the naval service under conditions other than honorable. It may be effected only as a result of the approved sentence of a general or special court-martial.

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Appellant employee sought review of a decision of the United States District Court for the.

Broward Florida Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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What are the three types of punitive discharges that can be received at a court-martial?

What is Article 132 of the UCMJ?

What is Article 134 of the UCMJ?

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