If you have a soldier facing a legal action board against them, can you have a representative of their company on the board itself?

2021-07-08T16:54:24-04:00

If you have a soldier that you are reprimanding, can you have a represetative of their company on the board if you have other members of other units on the board. Is that a conflict of interest.

Response by SGM Erik Marquez made Jul 8 at 2021 5:33 PM

2021-07-08T17:33:06-04:00

MAJ Private RallyPoint Member What is a "legal action board"? Are you talking about UCMJ hearing being administered by the company, field grade commander?
Or what?

Response by CPT Lawrence Cable made Jul 9 at 2021 8:19 AM

2021-07-09T08:19:21-04:00

You may want to redo your question if you are court martialing this soldier. A reprimand implies that you are trying to rehabilitate a soldier for a screw up, a Field Grade Article 15, as an example where you take rank and pay but leave that soldier the ability to still serve. A court martial means you want to throw this soldier in prison and get him a bad conduct discharge and put him out of the service permanently.
As stated below, JAG, TDS and the Judge will pick the Board. It would not be normal to pick someone from the same company.

Response by SPC Private RallyPoint Member made Jul 9 at 2021 11:30 AM

2021-07-09T11:30:32-04:00

If this is a courts-martial or administrative separation board the JAG office involved and TDS will take care of the board selection. Your local brigade legal office or legal assistance office can answer questions regarding the process.

Response by SMSgt Bob Wilson made Jul 11 at 2021 3:27 PM

2021-07-11T15:27:53-04:00

Define the word "board". Courts Martial--I believe the answer is NO. Article 15 is administrated by the Commander and their punishment is limited by their rank. A Company Commander could have a local board made up of NCOs and Officers to advice the Commander. These individuals are from the ranks of the Company.