e. He does not have to answer any questions.
18. It is not sufficient to merely read this warning to the individual. One must be certain that
he understands exactly what this warning means. Unless the individual fully understands the
warning, it will not be effective.
19. After the warning has been given, and it has been ascertained that the suspect or accused
understands his rights and will be able to freely, knowingly, and intelligently waive them, ask him
two questions:
a. Do you want counsel?
b. Do you want to make a statement and answer questions?
20. If the suspect states he wants counsel, he is not to be questioned until an attorney is
obtained. Also, if the individual indicated he does not wish to be questioned, no attempt should be
made to question him.
PART D - Punitive Discharges.
1. There are five types of discharges an individual may receive. The administrative
discharges--honorable, general, and undesirable--have already been discussed. There are two
types of punitive discharges:
a. Bad conduct discharge. This type of discharge is often given where "military" type
offenses are involved (for example, AWOL, desertion, disrespect, or disobedience). It is also used
where there are repeated minor offenses.
b. Dishonorable discharge. This is the most damaging type of discharge. It is used where
serious crimes are involved (for example, rape, murder, robbery, or mutiny).
2. The examples given above are for illustrative purposes only. Punitive discharges are given
as part of a sentence by court-martial. Such courts may give, as part of a sentence, a bad conduct or
dishonorable discharge IAW the table of maximum punishments.
3. Consequences. Almost all military fringe benefits are lost as a result of receiving a bad
conduct or dishonorable discharge. Key benefits lost are those from the Veteran's Administration
such as insurance, educational assistance, medical and dental care, and home and other loans. In
answering prisoner's questions on these matters, Judge Advocate General Corps personnel should be
consulted to obtain up-to-date answers. Another undesirable consequence of a punitive discharge is
that this record will follow the individual into civilian life. Obtaining any responsible job will be
much more difficult because of this serious blot on the individual's record. However, many rumors
which prisoners hear concerning consequences of a punitive discharge are false. Some false rumors
are listed below:
a. Loss of US citizenship. One does not loose his citizenship as a result of a bad conduct
or dishonorable discharge. The only way US citizenship may be lost is by the individual voluntarily
giving it up.
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