Posted on Feb 9, 2018
Can a Reservist or Guardsman be discharged for committing a misdemeanor or felony off duty that has nothing to do with the military?
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Posted 7 y ago
Responses: 17
If convicted yes depending on the misdemeanor or felony, cause you could be convicted with trespassing and just pay a fine but you could be charge with domestics violence and can’t carry a weapon under the Lautenberg Amendment or law which you are prohibited from carrying a weapon and both are misdemeanors! Just being charge with a crime always doesn’t warrant a discharge is being convicted!
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SGT Eric Davis
You right but being a police officer I learned that anyone can be charged (committed) with a crime but being guilty is another thing!
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MSG (Join to see)
SGT Eric Davis - and yes you are right, but once convicted the seriousness of the crime is considered along with TIS, TIG and rank, obviously felonies are a done deal, but misdemeanors are the grey area again depending on TIS and rank, and the type of crime, if you are senior then your judgement comes into call, if you are junior then its a question of salvation and rehabilitation, it comes down to what is the best interest of the millitary
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SGT Eric Davis
MSG (Join to see) you right and I understand all that but I was only referring to the initial question about “committing” the crime.
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Yes. Felony convictions and misdemeanor charges for domestic violence prohibit carrying a weapon. Possibly others, depending on the crime. What was the charge?
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SFC Christopher Taggart
Sir, I don't know, but it's probably not good...it was a neighbor of mine. I do know he's in the Guard. I asked the question, so I'll know. Thanks, Sir.
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LTC Jason Mackay
SFC Christopher Taggart - there is the issue of self reporting responsibility in AR600-20 for certain ranks. Is he senior?
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MSG (Join to see)
LTC Jason Mackay - reserves reported myself to my CO and BN was allowed to retire, for a misdemeanor non violent, just bad judgement on my part, as I saw it, it was an integrity issue and command agreed but I also reported it myself and hid nothing
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I do believe so, under Conduct Unbecoming of the Uniform. Soldiers are Soldiers 24 hours a day!
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