Posted on Aug 13, 2019
Can the military find you guilty of a crime that you were not charged with and then not tell you about it?
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While i was in infantry OSUT, me and a fellow trainee were involved in a physical altercation that ended up with us getting picked up by MP's. We gave statement's and were released to our NCO's but after that our command pretty much swept it under the rug. No court martial, no NJP's, and i never heard anything about it. Recently, i got a job that requires a level one fingerprint card and they do a federal background check and it was denied because i was convicted of assault, stemming from that fight? Is there something im missing when it comes to charges in the military where they can find you guilty of something and not tell you about it?
Posted in these groups: 
UCMJ
UCMJ
Edited >1 y ago
Posted >1 y ago
Responses: 9
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Sounds like the LE contact was in NCIC. You’d have to have been Court Martialed to have a felony. I’d challenge the finding and submit a statement on your behalf. Request to see what it is they are looking at. They’d be no record of a summarized Art 15. Maybe a Co Grade or FG Art 15, but you would have had to have stood on the carpet twice for that
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CW4 Craig Urban
How about a fight with a SSG Marine former all marine wrestler. John B. Racist. He would go downtown Peters burg grab the first black person he saw and beat the crap out of him
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SFC Michael D.
PFC(P) (Join to see) - Let us know how it all turns out Brother. Sounds like a really jacked up situation.
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MSG Gary Eckert
I also thought you were still in which is why I referred you to your security office. If you no longer have an affiliation with the Military you are probably not going to get the information on your own to correct the record. The MP Blotter will be FOUO and so submitting a FOIA request won't work. At this point, you may be stock submitting a request to have the conviction removed from which ever system the FBI check is pulling from using the Army Board for Correction of Military Records. That office will have the assets to request information from the affected agencies.
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PFC(P) (Join to see)
MSG Gary Eckert
I've been in contact with the FBI and they told me to call the CID and submit a foia request since the arresting agency was the army, and he made it seem like there was nothing they could do.
I've been in contact with the FBI and they told me to call the CID and submit a foia request since the arresting agency was the army, and he made it seem like there was nothing they could do.
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Since the MPs were involved, there would have been a blotter report. Based on that blotter report, the Commander should have submitted a DEROG report for your security file. Sounds like either an initial report was done and no final or the Commander indicated, in the final report, the blotter report was founded even though no UCMJ action was taken. You might want to check with you security folks. The reason, I think it might be DEROG in your security file is they would check that during a federal background check.
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