Posted on Aug 15, 2021
SSG Cryptologic Linguist
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To begin,, He violated a General order by going to the bar. I think he'll be facing a FG article 15 just fir that. Then comes the assault charges. How will that play out? Will he have to go to court? What's my role in this situation? I don't want to provide any guidance that goes against the command but I want to try and help him through this. He's been a decent Soldier for the last three months that I've had him. He called me whilst crying to me ask for advice. How should I approach this?
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Responses: 18
SGM Erik Marquez
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Edited >1 y ago
prosecution in the local court is about 100% likely
And frankly you have zero responsibility to do anything about it for it or support it.
Other than keep the chain of command informed on his court dates and the outcome.
As well as process his leave form to give him time to go to court because I sure as heck wouldn’t give him free time off

My mother had a saying I remember it to this day and have used it widely over my 56 years.
“Self-imposed pain gets no pity “
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SFC Retention Operations Nco
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While each situation varies, this is what you can expect:
Local authorities will determine whether or not to prosecute him or have the commander do it.

If it's civilian court, expect he receives a GOMOR, is flagged until the court proceedings finish, and the command may still separate him.

If command prosecutes, it could be Art 15 up to a Court martial depending on the charges. If an Art 15 and reduction, his ETS will he changed to his new RCP, or he will he given 180 days to separate if he's already past the new RCP. 5 years for PFC 8 years for SPC.
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SSG(P) Squad Leader
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wouldnt it be article 92 for violation of a lawful order?
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SFC S2 Intelligence Ncoic
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What SGM said below. But outside of that just because of the person I am, I would be there for him emotionally. Suicide is huge in the Army and he all the support he can get while being realistic with him about his actions.
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CSM Charles Hayden Passed 7/29/2025
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What advice do you have for managing a situation where my soldier has been arrested following his involvement in a fight at a local bar?
SFC Casey O'Mally
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The first thing I would ask is why he was in a fight.

There is such a thing, in my book, of doing the wrong thing (bar fight) for the right reasons (preventing rape, for instance). If, in the unlikely chance, that he was in that type of situation, where you can support his actions morally, I would go to fight for him. Fight assiduously against Art 15 or Court Martial based on the assault. Offer to testify in civilian court as a character witness, and if not that, at least provide a written character statement to the court. Work with him to schedule civilian court around training schedule as best as possible (but he will still need to take leave - this is *definitely* not a TDY/pass situation).

But that is *only* if he had a justifiable moral reason for the fight - which is not usually the case. And regardless of any of that, it doesn't excuse being at the bar. I would definitely recommend and support the Art 15 for violating the order.

If he did not have a good moral reason, I would be pushing for field grade Art 15, at the minimum, possibly CM depending on the severity of the fight/assault.
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SGT Ralph McClain
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How many of us fellow soldiers jarheads squids and fly boys haven't been in bar fights. I know I got my ass kicked a few times and kicked ass myself being younger usually go to court pay your fine or get locked up by the MPS. I've been in so many bar flights in diseaseville Louisiana fun time I had.
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SSG Brian Carpenter
SSG Brian Carpenter
>1 y
Sleesville BWAHAHAHAHA know where ya at and definitely bar fights hell I was a bouncer after retirement and went to other bars to mess with their bouncers
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Cpl Vic Burk
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Really nothing you can do except be there to support him emotionally. You can probably bet he will get an Article 15 for violating the order. Whether it is company grade or field grade it will most likely happen. Which one may depend on his service record up to this point. As the old saying goes, "Don't do the crime if you can't do the time." Just be there to help pick up the pieces.
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SGT Ralph McClain
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Or how many bar fights I was in when I was in the army quite a few. Still walking around with a knot in my head. Barfi to use a common with gi's or the army life private specialist sergeants and I know some few officers . Usually it's article 15 with restrictions. Bar fights will be commonly the army. I know when I was in fort Polk Louisiana what quite a few down there diseaseville.
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SGM Bill Frazer
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It's pretty much out of your hands- for the fight, I doubt JAG will help, probably need a civilian lawyer. FG 15- advise him if and when it comes go to JAG. You can counsel him on his actions, just say up to Command for punishment section. If he walks on water, you could advise him on mitigating cercomstances, but that is about it.
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SFC Wendell Pruitt
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Edited >1 y ago
Ensure He understands his need for and the value of JAG and Civilian Legal Counsel, Ensure He understands the Commander has sole UCMJ discretion and any input from you is strictly in an advisory opinion based on personal knowledge of his past duty performance and personal conduct. Be prepared to provide Character reference within the Chain of Command as your positive or negative input will likely be sought and help shape the UCMJ outcome in the end. Keep chain of command informed as the Civilian side proceeds and ensure they have correct and complete information in a timely manner, document your advice and actions within Counseling sessions to avoid misunderstandings of intent or actions taken by you. Under no circumstances provide what could be taken as legal advice or provide a personal legal opinion, (ie: Double jeopardy or personal civil rights potentials)
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MAJ Nurse Practitioner
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1. Advise him to go see the JAG for legal assistance service for advice on both his civilian offense and it's military implications. He's still innocent until proven guilty, even though violating a GO to go to an off limits bar presents an obvious problem. (Is that what happened?)
2. Refer him to the Army Substance Abuse Program, especially if this is more than a one time alcohol related problem. Best for him if he self refers.
3. Counsel him that even though this behavior has generated a problem, he is still a soldier and responsible for current duties. I.e., he is to avoid creating future problems for himself. Along with this is how he is to do that.
4. Find out what the official unit policy is regarding releasing him to attend legal hearings in the civilian sector. I.e. act on what you know the policy is, not what you think it ought to be.
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