Can the military find you guilty of a crime that you were not charged with and then not tell you about it?

PFC(P) Private RallyPoint Member — Tue, 13 Aug 2019 02:24:25 -0400

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?

Response by SFC James William Bolt [ 40 Yards ] made Aug 13 at 2019 2:46 AM

SFC James William Bolt [ 40 Yards ] — Tue, 13 Aug 2019 02:46:55 -0400

What is the old saying your sin will find you out sign 40 yards

Response by LTC Jason Mackay made Aug 13 at 2019 6:30 AM

LTC Jason Mackay — Tue, 13 Aug 2019 06:30:57 -0400

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

Response by MSG Gary Eckert made Aug 13 at 2019 8:17 AM

MSG Gary Eckert — Tue, 13 Aug 2019 08:17:31 -0400

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.

Response by SFC Michael D. made Aug 13 at 2019 8:24 AM

SFC Michael D. — Tue, 13 Aug 2019 08:24:08 -0400

You may want to go to JAG with this one.

Response by SSG Brian G. made Aug 13 at 2019 10:44 AM

SSG Brian G. — Tue, 13 Aug 2019 10:44:40 -0400

Summarized articles and below have no record. A conviction requires a court appearance whether it is civilian or military and if military that requires a formal reading of charges and a mandatory trip to JAG for legal advisement and representation.

You need to take this to JAG.

Response by CW4 Craig Urban made Aug 13 at 2019 12:09 PM

CW4 Craig Urban — Tue, 13 Aug 2019 12:09:00 -0400

I replaced a cw2 named andy Luxnor who banging a female soldier in the field. Plus, wife swapping and smoking dope. Command put in under the rug. He made CW3 and then retired. He was an asshole. Fort Ord 1979

Response by SFC Ralph E Kelley made Aug 13 at 2019 1:47 PM

SFC Ralph E Kelley — Tue, 13 Aug 2019 13:47:00 -0400

Hey, imagine 3 cousins in the Army at the same time, with the same name in the same Cavalry Regiment - One's a screw-up and the other two are normal Joes. The 'ONE' gets five Art. 15s but only two show up in his records (from when he was an E2), so he gets promoted to SGT E-5. The other two cousins, regular field soldiers are SGT E5s are then recommended by their Chain of Command for SSG.
Suddenly there are serious questions by their Squadron Commander (same promotion board and commander) about how these two cousin made Sgt E5 in the first place? The strangely disappeared Article 15s of the 'ONE' cousin have magically appeared in their 201 files (two company grade in one's file and a field grade in the other's file), where no one had ever noticed them.
The 'ONE' cousin was a Regimental G1 clerk. A little magic white-out and viola', he was eligible for promotion. We had all talked (after all we were cousins stationed at the same German Kaserne) and the question had come up wither or not the two cousins were going to re-enlist. We hadn't known then and all of us were out drinking. The 'One' cousin remembered that when he wanted to get promoted later.
It took years before mine and my other cousins records got completely straight.
Could a similar 'mistake' be your problem. Check the service number.

Response by SPC Angela Burnham made Aug 13 at 2019 8:38 PM

SPC Angela Burnham — Tue, 13 Aug 2019 20:38:08 -0400

PFC(P) Private RallyPoint Member Please update us when you get this resolved. Sounds like total BS, classic DoD messing up records again. Hope everything works out for you!

Response by PFC(P) Private RallyPoint Member made Aug 13 at 2019 11:49 PM

PFC(P) Private RallyPoint Member — Tue, 13 Aug 2019 23:49:18 -0400

Update: MPs and CID aren't very helpful. They're as useful as a titty on a tree and I've submitted a FOIA request to CID and they're saying it'll take about 40 days just to get one report. Still waiting on the MP station at benning to send me a copy of the report as well but it turns out after I submitted the request three weeks ago they sent it to someone who's been on leave for the last month and will be for the next month as well. Typical BS