Grounds for investigation Since the process is non-judicial, the commander can order an investigation for any reason without any concrete evidence. It could be based on gossip heard in the barracks, allegations made by one person and no other witnesses, the interpretation of innuendo, or an anonymous complaint. Common types of administrative actions These are less severe than a court…
What is an Article 32 hearing? An Article 32 hearing is part of an overall Article 32 investigation. The investigation begins with accusations of a serious military crime. A commissioned officer is assigned as the primary investigator. The purpose of the investigation and the hearing is to determine whether the case will proceed to a general court martial. This is…
What will go into consideration? When it comes to administrative separation from the military, your commander may have elected to move forward with involuntary discharge proceedings in relation to your service. The administrative discharge board will convene if necessary, and the following factors will likely go into consideration by the Separation Authority: The likelihood that the issues that led to the separation…
How to appeal A clean military record can get you places in life. Likewise, a record with negative marks for your character, misconduct, a break in your service time or other reasons may affect your chances of fulfilling your goals or taking advantage of many opportunities in life. You may also miss out on important government and VA benefits. However,…
The hearing before a general court-martial An Article 32 hearing takes place before a referral to a general court-martial. The purpose of this hearing is to decide: If the convening authority has jurisdiction over the individual and the crime If the allegations constitute an offense under the UCMJ If there is probable cause If the hearing finds that the answer…
Offenses that can result in punishment Under the UCMJ, Article 15 allows commanding officers to punish service members for alleged offenses that do not likely warrant a court-martial, but believe they deserve harsher punishment than administrative counseling. These offenses include: Disrespecting superior officers Underage drinking Sleeping on duty Disobeying orders Understand that being charged with disobeying orders can rise to…
What financial issues are explored? The questionnaire for a security clearance position is a lengthy, imposing document. The financial component is one of the longest, most thoroughly treated sections in the questionnaire (section 26, starting on page 117 of the document). The issues explored in this questionnaire include: Filing for bankruptcy Struggling with financial problems due to gambling Failing to…
Your reputation and your future Conduct unbecoming is often a secondary offense to other more serious crimes. Nevertheless, you are subject to court martial and whatever penalties the court decides upon following a conviction, possibly including prison or dishonorable discharge. If the court does not dismiss you from the military, you may have to wait much longer before you make…
Fort Hood report After a scathing report of chronic safety failures at Fort Hood, the resulting review made 70 recommendations on the handling of sexual assault and harassment crimes. The U.S. Army has committed to implementing 63 of those 70 recommendations as well as four out of six recommendations from the Independent Review Commission. Office of the Special Trial Counsel…
What type of court-martial will you face? The Uniform Code of Military Justice has three types of courts-martial. These separate proceedings range in severity depending on the nature of the offense that led to the court-martial. Those three types include the following: Summary court-martial: The summary court-martial involves relatively minor offenses and is the least severe of the courts-martial. One commissioned…