Posted on Jan 1, 2019
What are my options in regards to treatment and punishment for behavior "off duty" of a Reservist?
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Reserve SM arrested for drunk/disorder & failure to obey police. I expect a higher standard off duty - what are my options in regards to treatment and punishment? What forms do I push up?
Posted in these groups: 
UCMJ
UCMJ
Posted 6 y ago
Responses: 6
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You push nothing forward because he wasn't subject to the UCMJ. Further, an arrest is NOT a conviction.
However, IF the Soldier has a security clearance and/or is in a position of public trust, it may be an issue with regard to those with regard to whether, if convicted, are disqualifying for his position.
However, IF the Soldier has a security clearance and/or is in a position of public trust, it may be an issue with regard to those with regard to whether, if convicted, are disqualifying for his position.
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SFC (Join to see)
I figured as much, but wanted to see what other folks have done/tried. SM does have a clearance, and we're already moving on that end. Thanks for the comment.
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Your Company Commander signs a DA 268 to flag the Soldier code L (law enforcement investigation), and you suspend, (not revoke, SUSPEND), the soldier's clearance pending the results of that law enforcement investigation.
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MAJ (Join to see)
Just to add, the unit doesn't have to suspend the clearance when reporting on the DA 5248-R, they can elect not to take action pending CAF action. This particular arrest may not necessarily warrant suspension (but would need to know more).
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Sit down with Top, the Commander and your friendly servicing Judge Advocate to discuss options. Your command might have local policy on discipline. You should probably have your JA pull the police report to see how serious or not serious the incident is. You may have to refer to ASAP. Disciplinary options include reduction in rank, letter of reprimand. You could talk to him to get his side of the story, just make sure you read him a DA 3881. Depending on the situation, I usually advise to wait the outcome of the case to discipline if you decide to do that. Hope you can set the troop on the right path.
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SFC (Join to see)
Thank you, Sir. The troop has been having a tough time. I’ve referred him to ASAP, let him know we’re behind him and will help him “land well” regardless of outcome.
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MAJ (Join to see)
Reserves is a bit different, generally JA won't get involved until a civilian conviction. The reserves unlike the national guard are not susceptible to the UCMJ on off duty.
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MAJ (Join to see)
MAJ (Join to see) - Sir, Roger that - I realize my response was a little unclear, but made some clarifications in a comment to the SSgt below regarding adverse administrative actions, which could apply vs. UCMJ, which do not.
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