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Need Canadian Advice - 5/8/2012 8:23:53 PM   
LoveCareMaster


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Forget it

< Message edited by LoveCareMaster -- 5/8/2012 8:55:23 PM >
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RE: Need Canadian Advice - 5/8/2012 8:38:49 PM   
OttersSwim


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Something to consider before you leap:

Being dishonorably discharged from any branch of the armed forces is the rough equivalent of being convicted of a felony in civilian courts. A dishonorable discharge can be handed down only by the decision of a military court martial process, and even then only for serious infractions or reprehensible actions such as sexual assault, desertion or murder. Typically, these types of infractions result in additional sentencing--such as jail time or similar punishments--being meted out alongside the dishonorable discharge. A soldier who has been dishonorably discharged will also face a large variety of additional consequences once he returns to civilian life.

Loss of Military Benefits

A soldier who has been dishonorably discharged from the military forfeits his right to any benefits he might have had access to upon his return to civilian life. This can include the loss of medical insurance, GI bills and college pay. In addition, the soldier loses the right to the status of "veteran" in accordance with United States Code, which defines a veteran as any member of the active armed forces who has not been given a dishonorable discharge. This also prevents the dischargee from gaining any nonmilitary veterans benefits, such as preferential consideration on university entrance exams and job applications. Any form of government aid is withheld from a soldier who was dishonorably discharged.

Loss of Certain Freedoms

In addition to losing his veterans benefits, the dishonorable dischargee will be unable to apply for unemployment benefits upon entering into civilian life. More than likely the dischargee will also lose the ability to apply for bank loans and will be barred from serving in any level of government service--especially those of the armed forces. If the soldier was discharged because of a felony conviction, he also loses the right to vote and the ability to hold public office, and will be unable to sit on a jury for an extended period of time. The dischargee is also barred from purchasing or owning any sort of firearm under Title 18 of the United States Code.


Sentencing

Dishonorable discharges are rarely meted out as stand-alone punishments. Because the soldier must do something truly reprehensible in the eyes of the military before she is considered for a dishonorable discharge, additional punishments will usually accompany the discharge. These consequences are many and varied, and are decided by the presiding officer at the general court-martial once the guilt of the soldier has been determined--the proceedings essentially mirror those of civilian courts, only all the participants are active military personnel.

The Unquantifiable


Because a soldier who has been dishonorably discharged is essentially a convicted felon, he faces the same difficulties that a felon might in his daily life. Finding a job will be difficult, any relationships he had will suffer, and possibly his own psyche will be greatly damaged by the event. Beyond what has been listed in the preceding sections, there can be any number of consequences unique to each individual.

Suffice it to say that a dishonorable discharge is not something to be taken lightly and will affect nearly every facet of a soldier's life.

< Message edited by OttersSwim -- 5/8/2012 8:41:50 PM >


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RE: Need Canadian Advice - 5/8/2012 8:57:47 PM   
AnonymouseTC


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Wow. I'm certainly not going to judge your proposed actions (not my place) but as someone in the legal profession I would STRONGLY urge you to IMMEDIATELY seek out legal advice before doing anything further. What you are mentioning here is inviting a massive amount of potential legal trouble. Off the top of my head: first and foremost you have UCMJ issues (if I'm not mistaken, penalties for desertion during war time can even include death); immigration issues that would be made much more complicated by your military status problem; family law issues regarding your attempted marriage; and probably a whole lot of other things that I can't think of right now.

In short, you really, really, need professional advice before you do anything that could get you into a lot of trouble.

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RE: Need Canadian Advice - 5/8/2012 9:23:37 PM   
Tantriqu


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More points to consider from a Canadian:

It's not the 60's anymore:
you won't have your passport if you've gone AWOL.
If you get into Canada, as a criminal and/or security risk, you'll be refused refugee status by the Immigration and Refugee Board, and be deported.
Once you're deported back to the US, as above, you'll face felony charges.
If you're not in Canada: you have to be outside of the US to apply for refugee status to Canada; even trickier without a passport.
you need your local cops to vouch for you as being an upstanding citizen.
And even *if* you marry, and your marriage survives investigation, your past will mean your girlfriend can't sponsor you in.

A simple internet search about Canadian immigration and true refugee status will give you more specifics, but sounds like you have to get things straight with the US army before you do anything, and start cleaning your slate.

Talk to a doctor and a lawyer before you go any farther; your girlfriend will be footing big legal bills on both sides of the border for a long, expensive fight.


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RE: Need Canadian Advice - 5/8/2012 9:38:37 PM   
tj444


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To desert is now considered a criminal offence by the Canadian federal govt.. there are about 200 deserters trying to get refugee status in Canada and they are going to be deported.. Running away is just going to delay the inevitable, imo..

The draft is not in place, people that join the US military do so voluntarily, especially if they stay in the military for 10 years.. 10 years means you had to sign up more than once..

"The new directive, issued in a July 22 operational bulletin, emphasizes the criminal nature of desertion in Canada and the United States, which stands to make it harder for American deserters to gain permanent residency in Canada.

“Consequently, persons who have deserted the military in their country of origin may be inadmissible to Canada under … the Immigration and Refugee Protection Act,” the bulletin says.

But critics charged that the Conservative government is sending a clear message to the bureaucracy to reject claims from military deserters, about 50 of which are working their way through the system. So far, two refugee claims have been rejected, but others are seeking the right to remain in Canada on compassionate and humanitarian grounds, or in a bid to stay with their Canadian wives and children."

http://www.theglobeandmail.com/news/politics/federal-directive-toughens-stand-on-us-deserters-in-canada/article1660842/

< Message edited by tj444 -- 5/8/2012 9:39:47 PM >


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