GI's - Know Your Rights!
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ANGRY, ALARMED, OR FED-UP with what the military has done to you, or made you do to others? Do something about the way you feel. Your commander might not like it, but many inside and outside the military agree with you. Acting alone can make you a target, but find out what you can do with others to preserve liberties and human rights, and to stand proud with others who want to do the right thing. Hold On To Your Humanity. You have the right to keep one copy of this or any other information at any time (DoD Directive 1325.6) Read military regulations and the Bill of Rights. Get help. Contact an organization listed on this card. Remember that Rights are not given � they are fought for and exercised.
Seeking a discharge
GIs have the legal right to . . .
GIs don’t have the legal right to . . .
Some things to remember
Additional resources
- You may seek a discharge from the military at any time.
- Regulations which superior officers are required to follow cover
every kind of discharge. - You may be able to get out of the military if:
- You are opposed to war in general.
- Military life or your assignment creates an unusual hardship for your dependents.
- You have a persistent medical or psychological problem which makes military service difficult.
- You are gay, lesbian, bisexual, or transgender.
- You qualify for another discharge available under military regulations.
- Educate yourself first. Talk to the GI Rights Hotline; talk to a civilian lawyer with experience in military law.
- Consult with a congressional office, civilian counselor or service, or a lawyer about a problem.
- Appeal any court-martial conviction, discharge denial, or nonjudicial punishment.
- Say what you think and feel about the military, and participate in peaceful demonstrations, when you’re off-duty, out of uniform, offbase, and in the U.S.A. (DoD Directive 1325.6).
- Protection against racial, sexual, and sexual orientation harassment and discrimination (Articles 93, 134, UCMJ).
- Protection from assault by other military personnel (Articles 93, 117, 120, 124, 128, 134, UCMJ).
- Request redress from your Commanding Officer for any grievance (Article 138, UCMJ).
- Write a formal complaint against your Commanding Officer if you are not granted redress (Article 138, UCMJ).
GIs don’t have the legal right to:
- Demonstrate on-base or breach law-and-order anywhere. You can’t take part in anything “when violence is likely to result.”
- Encourage violence or urge others to violate regulations, disobey lawful orders, desert, or refuse to do their jobs.
- Call high government officials names, including “fascist,” “thief,” “murderer,” “tyrant,” “fool,” or “gangster.”
- Join a labor union (DoD Directive 1325.6)
- Sue the military for damages (Feres Doctrine)
- It’s wise to:
- Get civilian counseling before signing anything you’re not sure about.
- Keep a log when seeking discharge or documenting harassment.
- Make at least two copies of documents — keep one and send one to at least one trusted person off-base, such as a counselor, attorney, friend, or
family member. - Rumors about automatic discharge upgrades after six months or whenever are not true.
- In the 1947 Nuremburg Trials, the US government held that there was a duty to resist carrying out crimes against humanity, defined as “murder, extermination,
enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial
or religious grounds.” - Congressmembers can conduct inquiries and initiate investigations of the military; an aide in each member’s local office is supposed to help constituents
with problems with the military. See www.congress.gov. Talk to a counselor first to find out how to pursue this option.
