Posted on Jan 27, 2020
3
3
0
Question for the community:
I have a SSG that works for me coming near the end of his/her assignment. Stellar NCO, no issues, no complaints, hard worker and great work ethic.
Trying to secure him/her a good career move. Being told that due to a unfounded SHARP case in his/her records from when he/she was a SPC, he/she is not allowed to serve in positions of trust and/or Leadership. Therefor, 0 jobs available or potential of promotion.
My question is. Is there any way to get this removed from his/her records?
I've heard mixed opinions on this topic. So, I figured where else would I be able to get a better opinion than here?
Thank you for your time and I am genuinely trying to assist this SM in their career.
I have a SSG that works for me coming near the end of his/her assignment. Stellar NCO, no issues, no complaints, hard worker and great work ethic.
Trying to secure him/her a good career move. Being told that due to a unfounded SHARP case in his/her records from when he/she was a SPC, he/she is not allowed to serve in positions of trust and/or Leadership. Therefor, 0 jobs available or potential of promotion.
My question is. Is there any way to get this removed from his/her records?
I've heard mixed opinions on this topic. So, I figured where else would I be able to get a better opinion than here?
Thank you for your time and I am genuinely trying to assist this SM in their career.
Posted in these groups: 
Law5821: Criminal Investigator CID Agent
Law5821: Criminal Investigator CID Agent
Posted 5 y ago
Responses: 5
5
5
0
Oh hell no!!!!
If the investigation is “unfounded” the there is no reason to withheld this SM from moving up. A visit to the JAG is a good pint of beginning.
If the investigation is “unfounded” the there is no reason to withheld this SM from moving up. A visit to the JAG is a good pint of beginning.
(5)
(0)
(1)
(0)
MAJ Javier Rivera
Got you SFC Andrew B.. Now, keep in mind that JAG is to clever the commander’s ass. Not the other way around so don’t be surprised if they come up with some crazy mombo jombo. But don’t let that, if it happens, to stop your spinning wheels.
(1)
(0)
SFC Andrew B.
MAJ Javier Rivera - That is true sir. I plan to update here when we get a solid solution. I was hoping this was just an anomaly and not the norm. Seems like I was right.
(2)
(0)
SFC Andrew B. Being told by who?
To whomever that is, ask them to look up the word "unfounded"
The U.S. Army Criminal Investigations Command (CID) uses the terms of founded
and unfounded when referring to a sexual assault.
If it is not a substantiated report, it is unfounded or un substantiated.
A substantiated report is;
Substantiated Reports. Dispositions in this category come from Unrestricted
Reports that have been investigated and found to have sufficient evidence to
provide to command for consideration of action to take some form of punitive,
corrective, or discharge action against an offender.
(1) Substantiated Reports Against Service Member Subjects. A substantiated report
of sexual assault is an Unrestricted Report that was investigated by an MCIO,
provided to the appropriate military command for consideration of action, and
found to have sufficient evidence to support the command’s action against the
subject. Actions against the subject may include initiation of a court-martial,
nonjudicial punishment, administrative discharge, and other adverse
administrative action that result from a report of sexual assault or associated
misconduct (e.g., adultery, housebreaking, false official statement).
(2) Substantiated Reports by Service Member Victims. A substantiated report of a
sexual assault victim’s Unrestricted Report that was investigated by an MCIO, and
provided to the appropriate military command for consideration of action, and
found to have sufficient evidence to support the command’s action against the
subject. However, there are instances where an Unrestricted Report of sexual
assault by a Service member victim may be substantiated but the command is not
able to take action against the person who is the subject of the investigation. These
categories include the following: the subject of the investigation could not be
identified; the subject died or deserted from the Service before action could be
taken; the subject was a civilian or foreign national not subject to the UCMJ; or
the subject was a Service member being prosecuted by a civilian or foreign
authority."
If it aint one of those above, it is unfounded or unsubstantiated...meaning, no proof exists it was a true claim.
Id DARE someone to withhold favorable action based on their reading of a report of an unfounded SHARP complaint. I might blow up my career in the old boys club way of doing things (IE blackballed) ...but by the end of the war, there would be some very senior NCO's and Officers missing rank as well.
Do not go gentle into that good night- Dylan Thomas
To whomever that is, ask them to look up the word "unfounded"
The U.S. Army Criminal Investigations Command (CID) uses the terms of founded
and unfounded when referring to a sexual assault.
If it is not a substantiated report, it is unfounded or un substantiated.
A substantiated report is;
Substantiated Reports. Dispositions in this category come from Unrestricted
Reports that have been investigated and found to have sufficient evidence to
provide to command for consideration of action to take some form of punitive,
corrective, or discharge action against an offender.
(1) Substantiated Reports Against Service Member Subjects. A substantiated report
of sexual assault is an Unrestricted Report that was investigated by an MCIO,
provided to the appropriate military command for consideration of action, and
found to have sufficient evidence to support the command’s action against the
subject. Actions against the subject may include initiation of a court-martial,
nonjudicial punishment, administrative discharge, and other adverse
administrative action that result from a report of sexual assault or associated
misconduct (e.g., adultery, housebreaking, false official statement).
(2) Substantiated Reports by Service Member Victims. A substantiated report of a
sexual assault victim’s Unrestricted Report that was investigated by an MCIO, and
provided to the appropriate military command for consideration of action, and
found to have sufficient evidence to support the command’s action against the
subject. However, there are instances where an Unrestricted Report of sexual
assault by a Service member victim may be substantiated but the command is not
able to take action against the person who is the subject of the investigation. These
categories include the following: the subject of the investigation could not be
identified; the subject died or deserted from the Service before action could be
taken; the subject was a civilian or foreign national not subject to the UCMJ; or
the subject was a Service member being prosecuted by a civilian or foreign
authority."
If it aint one of those above, it is unfounded or unsubstantiated...meaning, no proof exists it was a true claim.
Id DARE someone to withhold favorable action based on their reading of a report of an unfounded SHARP complaint. I might blow up my career in the old boys club way of doing things (IE blackballed) ...but by the end of the war, there would be some very senior NCO's and Officers missing rank as well.
Do not go gentle into that good night- Dylan Thomas
(3)
(0)
SFC Andrew B.
SGM, mainly their Branch stating that due to the accusation (even though unfounded) limits their career potential and opportunities.
It was unfounded. Not any of the top two choices as far as I am aware of. I will inquire again though to ensure they are 100% sure. They made the last SFC list, so I assume if it was a substantiated report they would not have
It was unfounded. Not any of the top two choices as far as I am aware of. I will inquire again though to ensure they are 100% sure. They made the last SFC list, so I assume if it was a substantiated report they would not have
(1)
(0)
SGM Erik Marquez
SFC Andrew B. - Get that branch manager, civilian or military to write that in an email response, if the SM is in a single party consent state record a voice call.
if A: There is actually a written investigation completed finding of unsubstantiated and B: written or recorded voice call of the branch person stating what you mentioned above
go see his commander and lay out the issue, then his BN CDR, then his BDE CDR, giving each 72 business hours to respond with assistance. then the IG.
And Id tell the IG they had 72 hours to give me a response of action on my complaint before I send it all to every congressmen / senator state and federal with a note to them if I dont get assistance in 72 hours I will be sending the whole bag of crap to the media.. That I gave the command, then IG, then state, the us leaders the chance to correct it.....and they refused.
if A: There is actually a written investigation completed finding of unsubstantiated and B: written or recorded voice call of the branch person stating what you mentioned above
go see his commander and lay out the issue, then his BN CDR, then his BDE CDR, giving each 72 business hours to respond with assistance. then the IG.
And Id tell the IG they had 72 hours to give me a response of action on my complaint before I send it all to every congressmen / senator state and federal with a note to them if I dont get assistance in 72 hours I will be sending the whole bag of crap to the media.. That I gave the command, then IG, then state, the us leaders the chance to correct it.....and they refused.
(1)
(0)
SFC Andrew B.
SGM Erik Marquez - Solid advice. Thank you!
Once I have seen actual proof of it being unsubstantiated as suggested above and recommended by you, I will suggest this course of action.
Once I have seen actual proof of it being unsubstantiated as suggested above and recommended by you, I will suggest this course of action.
(1)
(0)
SGM Erik Marquez
SFC Andrew B. - Be honest but clear and upfront....."I'll go to the mat for you, and I trust what your saying, but I have to verify it before I can act...I want to be able to tell those I speak to on your behalf its fact, proven, clear and irrefutable"
(1)
(0)
SFC Andrew B. I see you edited and completely changed your question.
to "Is there any way to get an unfounded SHARP case removed from someone's military records?"
Kind of makes all the response you got out of content and no longer answering your "question"
Perhaps next time, simply ask a follow up question.
In any case, on to your new question.
NO, not to my knowledge. By all means send the SM to JAG and IG. But with the same things as before. Some proof it is causing an issue, some proof the SHARP complaint investigation is completed, closed and found to be unsubstantiated
to "Is there any way to get an unfounded SHARP case removed from someone's military records?"
Kind of makes all the response you got out of content and no longer answering your "question"
Perhaps next time, simply ask a follow up question.
In any case, on to your new question.
NO, not to my knowledge. By all means send the SM to JAG and IG. But with the same things as before. Some proof it is causing an issue, some proof the SHARP complaint investigation is completed, closed and found to be unsubstantiated
(1)
(0)
Read This Next
Continue with Facebook 
Continue with Google