Should the new command be allowed to bring charges on a Soldier for an incident that occurred while assigned to a previous unit?

SFC Private RallyPoint Member — Mon, 16 Mar 2020 21:17:11 -0400

Response by LTC Kevin B. made Mar 16 at 2020 9:30 PM

LTC Kevin B. — Mon, 16 Mar 2020 21:30:17 -0400

What do you mean by an "incident"? Disrespect or insubordination? I'd probably say "No". Drunk driving or assault and battery? I'd definitely say "Yes."

Response by MSgt Private RallyPoint Member made Mar 16 at 2020 9:50 PM

MSgt Private RallyPoint Member — Mon, 16 Mar 2020 21:50:44 -0400

I'm surprised that the previous unit allowed the member to leave to go to a new unit. Usually they would have you on some type of hold until after all action has been taken.

Response by CSM Charles Hayden Passed 7/29/2025 made Mar 16 at 2020 9:56 PM

CSM Charles Hayden Passed 7/29/2025 — Mon, 16 Mar 2020 21:56:53 -0400

No, history should not carry forward. Not important enough to prosecute, not important enough to pass on to another command! SFC Private RallyPoint Member

Response by LTC Jason Mackay made Mar 16 at 2020 10:05 PM

LTC Jason Mackay — Mon, 16 Mar 2020 22:05:40 -0400

This is vague. There are some circumstances I could say were a hard yes and some, a hard No. if there was an open CID investigation that named him as a subject and he wasn’t flagged because he left already, the new chain has to take it on. The old unit has no jurisdiction

Response by MSG Private RallyPoint Member made Mar 16 at 2020 10:12 PM

MSG Private RallyPoint Member — Mon, 16 Mar 2020 22:12:24 -0400

If a commander catches wind of any illegal action they are legally obligated to do something about it. It requires some form of investigation, anything that happens after an investigation will be after after talking with legal.

Response by 1SG Private RallyPoint Member made Mar 16 at 2020 10:20 PM

1SG Private RallyPoint Member — Mon, 16 Mar 2020 22:20:06 -0400

I believe this is why JAG exists. This is a question for them

Response by PO3 Michael Wiedenhoeft-Wilder made Mar 16 at 2020 10:24 PM

PO3 Michael Wiedenhoeft-Wilder — Mon, 16 Mar 2020 22:24:27 -0400

Absolutely. It should not make any difference where the soldier committed the crime. If he was transferred to a new command so do the crimes the soldier committed.

Response by SGM Robert Murray made Mar 16 at 2020 11:22 PM

SGM Robert Murray — Mon, 16 Mar 2020 23:22:46 -0400

A quick response is yes. . .but there are a multitudes of caveats. Bring charges indicates some violation of the UCMJ which includes non-judicial punishment as well. Had you have said "discharged," I would have said "maybe."

Response by SSG Private RallyPoint Member made Mar 17 at 2020 12:12 AM

SSG Private RallyPoint Member — Tue, 17 Mar 2020 00:12:37 -0400

Like others have said depends. I would say no. Counseling packets rarely carry over during company changes.

Response by CSM Darieus ZaGara made Mar 17 at 2020 5:21 AM

CSM Darieus ZaGara — Tue, 17 Mar 2020 05:21:13 -0400

Think about it like this;?if you commit a crime in NYC and move to Houston, do you think you will go unpunished. Jurisdiction as a civilian is the issue. The Military is one, the severity would determine who can handle it, rest assured they can and will.

Response by SGT Joseph Ducheneaux made Mar 17 at 2020 8:48 AM

SGT Joseph Ducheneaux — Tue, 17 Mar 2020 08:48:51 -0400

Are you not in the same uniform you enlisted to wear in the first place? You can’t escape a civilian charge by jumping jurisdictions and you represent a federal entity.

Response by CSM Richard StCyr made Mar 17 at 2020 9:45 AM

CSM Richard StCyr — Tue, 17 Mar 2020 09:45:59 -0400

Depends on the incident. Think about it... sexual assault, larceny, rape. If the evidence is there of course a recommendation for charges would be forwarded. A commander may pursue charges if enough evidence is provided by the previous unit for any offense however I don't remember in thirty years of service ever seeing a follow on UCMJ action taken unless it was for a major crime.

Response by LTC Private RallyPoint Member made Mar 17 at 2020 1:22 PM

LTC Private RallyPoint Member — Tue, 17 Mar 2020 13:22:15 -0400

Yes

Response by MSG Gary Eckert made Mar 17 at 2020 2:11 PM

MSG Gary Eckert — Tue, 17 Mar 2020 14:11:18 -0400

Pretty common occurrence; especially at the Senior levels. Typically, when a flag officer gets relieved, the announcement will read something like lost confidence in their ability to Command and they have reassigned as Special Assistant to the xxxx in a different Command. If the relief was predicated on misconduct, the new unit will handle the UCMJ actions, etc.

Response by 1SG Private RallyPoint Member made Mar 17 at 2020 3:43 PM

1SG Private RallyPoint Member — Tue, 17 Mar 2020 15:43:49 -0400

To have a meaningful discussion, more information is required.
A FAP issue with a referral to rehabilitation could lead many to believe the allegation was substantiated.
What article of the UCMJ is the CoC charging the Soldier with?
Is it beyond any statute of limitations, if any apply?
Did the Soldier state what the new CoC stated with regard to the charge(d)?
Has the Soldier had her rights read regarding these proposed charges?
What did JAG recommend to the Soldier?
Define caught wind of the alleged offense(s)?
Did the Soldier PCS, or was she reassigned on the same installation?
What do you think the new CoC should be restricted from doing, or permitted to do?
Did the Solider successfully complete "rehabilitation?"

Response by Lt Col Jim Coe made Mar 17 at 2020 5:03 PM

Lt Col Jim Coe — Tue, 17 Mar 2020 17:03:38 -0400

Strange question. Normally if a service member is being investigated for a violation of the UCMJ of any consequence, they will have limits on their ability to be reassigned or even be sent on a temporary duty assignment. If the potential violation was of a lesser consequence, it may die when the service member leaves the unit--not to say that reputations may not follow the service member. If the problem is related to EO/EEO, sexual harassment, or an IG complaint, the service member is normally restricted from PCS-ing. An unfavorable finding from these sources could follow the service member to his or her new unit. Commander-to-commander or First-Sergeant-to-First Sergeant.

Response by SP6 Christopher Haydon made Mar 17 at 2020 8:10 PM

SP6 Christopher Haydon — Tue, 17 Mar 2020 20:10:03 -0400

I think this question has been answered on this site. Medina and Calley were both court martialed at Ft Benning after returning from Vietnam.