A court-martial conviction and the discharge that follows can affect not only the service member but every dependent who has built their life around military benefits and installation access. Housing eligibility, healthcare through TRICARE, access to the commissary and exchange, and the legal status that comes with being a military dependent all flow from the service member’s status, and that status is changed by conviction and discharge in ways that families must understand before the process concludes.
The timeline of when benefits are affected, whether any transition assistance is available, and what options exist for dependents who need to make alternative arrangements depends on the specific circumstances of the discharge and the programs involved. Families who are unprepared for the loss of benefits that follows a conviction often face additional hardship that compounds an already difficult situation. Understanding what to expect allows for planning that can reduce that impact.
How Dependent Benefits Are Tied to the Service Member’s Status
Military dependent benefits exist because the service member holds an active duty status that creates entitlements for qualified family members. TRICARE healthcare coverage, access to military installations and their facilities, eligibility for base housing, use of the commissary and exchange, and the range of family support programs available through the military are all derivative of the service member’s status. They exist because and only because the service member is in active service. When that service ends, or when the service member’s status changes in ways that affect their own entitlements, the dependent benefits tied to that status change accordingly.
The precise moment at which dependent benefits are suspended or terminated depends on the type of benefit and the circumstances of the service member’s separation. Some benefits continue for a transitional period to allow families to make alternative arrangements. Others end immediately upon the service member’s change in status. Understanding the timeline for each category of benefit, and the options available for maintaining healthcare coverage or other critical services during a transition, is essential for families facing the possibility of adverse action against the service member.
What Happens to Benefits During the Court-Martial Process
During the court-martial process, before any conviction or separation, the service member generally retains their active duty status and the dependent benefits that flow from it continue. TRICARE coverage continues, base access remains available, and commissary and exchange privileges are maintained. A service member who is in pretrial confinement continues to receive their full pay, which means their dependents’ financial situation, and the benefits that depend on the service member’s active status, are not immediately affected by the confinement itself.
The situation changes if the service member is administratively suspended from duties, placed in a reduced pay status, or separated before the court-martial concludes. Administrative actions that affect the service member’s pay or status can affect the dependent benefits even before a criminal verdict is reached. Defense counsel who identify pending administrative actions that could affect benefits must advise the family to plan for those contingencies rather than assuming that benefits will remain intact throughout the criminal process.
Discharge Characterization and Its Effect on Dependent Eligibility
When the court-martial results in a conviction and a punitive discharge, the dependent benefits that flow from the service member’s active duty status terminate based on the effective date of the discharge. Dependents are entitled to a transitional period of TRICARE coverage, typically 180 days following the service member’s separation, during which they can arrange for alternative health insurance. After that transitional period, TRICARE coverage ends.
Base access and commissary privileges depend on the service member’s status after separation. A veteran who separated with a less-than-honorable discharge may lose access to installation facilities entirely. A veteran who separated with an honorable or general discharge under honorable conditions typically retains some access rights. The specific characterization determines the dependent’s ongoing access rights, and a conviction that results in a dishonorable or bad conduct discharge effectively ends all installation access.
When Benefits Are Suspended vs. Terminated Permanently
Benefits can be suspended rather than terminated in cases where the service member’s status is temporarily affected, such as during periods of pretrial confinement under Article 12 facilities. Suspension is typically a temporary status that is resolved by the outcome of the criminal proceeding. Termination is permanent and follows a final separation from the service.
Dependents who are facing the prospect of benefit termination following conviction should begin exploring alternatives well before the termination date arrives. COBRA continuation coverage for healthcare, enrollment in the healthcare marketplace, and state-funded healthcare programs are the primary alternatives to TRICARE. Planning for these alternatives should begin as soon as the likelihood of a conviction and punitive discharge becomes clear, not after the discharge has occurred and the benefits have already terminated.
Options for Dependents After a Service Member Is Convicted
A dependent whose sponsor is convicted and separated from service retains the right to petition the military for continued healthcare coverage in limited circumstances, including through the Continued Health Care Benefit Program, which allows dependents to purchase extended coverage for up to 36 months after losing TRICARE eligibility. The cost of CHCBP coverage can be significant, but it provides bridge coverage while the former dependent establishes alternative arrangements.
Dependents who are in abusive relationships and who separated from the service member before the court-martial may have additional options for continued benefits access, particularly if the separation was related to the domestic violence that gave rise to the court-martial charges. Defense counsel are not typically responsible for advising dependents on their independent benefits options, but the service member’s counsel should at minimum direct the family to appropriate resources for navigating these questions.
This content is provided for educational purposes only and does not constitute legal advice. Military law is complex and fact-specific. If you are facing a UCMJ investigation, court-martial, administrative separation, or any other military legal matter, consult a qualified military defense attorney before taking any action.