Posted on Apr 13, 2021
Does the commander have to flag a soldier if they are arrested but not charged by civilian police?
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There are some additional factors that a commander has to consider. If there is an investigation on going then yes. They could also subject the service member to a separation with a 14-12c. The Soldier doesn't need to be charged or even face UCMJ to be chaptered since a chapter is administrative and not punitive. If that happens they would also get flagged. The issue the commander would have to look into would be if the arresting agency dropped the charges thinking the military would handle it.
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CPT (Join to see)
SGT (Join to see) - Yes, you can be flagged for pending an investigation. Even if they are not charged they can still be chaptered. I have dealt with this few times. This happens with domestics at times if the spouse doesn't want to testify or press charges. I have seen a Soldier request a court martial and the ART 15 was dropped. At that point we just chaptered him. The key take away is that a chapter is administrative. If the Commander recommends it then the BN and BDE Commander will have to decide if they want to retain the Soldier. The Army is built to separate those that have the potential to degrade the good order of a unit. A lot of this caters on the charge. If you need more insight you can send a message if you want to provide more info about the situation.
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SPC (Join to see)
SGT (Join to see) - This is where things may step into commander / JAG territory. Working with JAG I have seen investigations initiated and Soldiers face administrative separation or NJP even though the city and county attorney's dropped the charges. Just because the Civilians don't want to bother with you, doesn't mean the CoC won't step in with UCMJ.
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Almost 25 years behind the badge and I never heard tell of arresting someone without charging them. Around here that would lead to civil suits galore! Must be a northern thing.
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MAJ Ronnie Reams
SGM Steve Wettstein - , True, but you have better have a charge if you arrest someone here on NC. Cannot say you are under arrest and not say what for. Can detain in some circumstances, but not arrest.
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