What does Double Jeopardy mean from the military standpoint? Example ALARACT Msg 147

2014-01-24T14:21:39-05:00

States that if you are a Drill Sergeant, Recruiter, or AIT Instructor. (All positions of trust) We will do a through background investigation on you and if we find something (normally 5 yrs or newer) then we will take the necessary steps to remove you from said position of trust, or from the service as deemed warranted.
What if you had a charge say before you got into the service and now you are in a position of trust. Am I to be charged again for the same crime that was adjudicated to get me into the service? Your thoughts? (Pls Read ALARACT MSG 147 first before responding)

Response by SPC Robert Patrick made Jan 24 at 2014 2:29 PM

2014-01-24T14:29:37-05:00

I think that if you have been in long enough and you have nothing on your records since you have been in the military and have already been awarded the position then no something from your psat should not dictate that now if it is more recent and since you have been in the army and it comes to light then yeah I would say that you should be removed from that position.

Response by CW2 Joseph Evans made Jan 24 at 2014 2:57 PM

2014-01-24T14:57:30-05:00

ALARACT 147 refers to an administrative action, to which double jeopardy does not apply. Although the results create similar feelings among those affected.

For example, a Commander today, may, with Officers, initiate an investigation to determine if an action requires a General Officer Letter (Memorandum) of Reprimand (usual intent is for the Officer to fall on his sword and admit he made a mistake to lessen the impact). This is an administrative action. Legal then takes this admission of guilt (confession) and uses it as a basis for a Court Martial Proceeding, which is a legal matter.

Response by CSM Mike Maynard made Jan 29 at 2014 7:25 AM

2014-01-29T07:25:26-05:00

SFC Drake, in your example, your previous crime wasn't considered, so, nope, not double jeopardy. The ALARACT is just saying, we are now going to consider those things that we never considered before.

Five yrs ago, a Sexual Harassment might have been punished, but wouldn't have kept you out of "Positions of Trust" - now they do. It's a case of Composite Risk Management.

Response by SSG Private RallyPoint Member made Jan 30 at 2014 5:00 AM

2014-01-30T05:00:07-05:00

My interpretation on this is more of a way to restrict
career advancement for some there by thinning out the people that will be
retained in the Army in the long run. I am sure that if you are removed from a
position or denied one you’re probably going to be denied or looked over for
promotion to SFC or MSG. I saw there was a waiver approval for some of these
jobs but there is no telling how likely you are to get that waiver. Also if you’re going to start this new policy
it shouldn’t be limited to those specific jobs, why not any major leadership
position like 1SG and higher. Start from the top and work your way down. If you
don’t than it seems to be that you’re making harder rules after they no longer
apply to you. I do know the army is getting more selective and needs to retain
smart and capable soldiers to maintain a strong army so hopefully the right
choices are made to get to that outcome.

Response by SGT Charles Vernier made Dec 17 at 2014 9:45 PM

2014-12-17T21:45:07-05:00

This is a somewhat older thread. However, none of the repondents managed to adequately address what amounts to "Double Jepoardy". For double Jepoardy to apply a person would need to be tried more than once for the same crime, by the same "sovereign". The US Military is a different sovereign than a civillian court, which is why a soldier can be subject to a Court Martial for the same offense that has already been tried in a civillian court. The other point which was adequate addressed is the differentiation between a criminal action (where one is subject to the loss of liberty through imprisonment or the loss of life for through capital punishment) and administrative action which will not result in loss of life or liberty.