Posted on Jul 8, 2021
If you have a soldier facing a legal action board against them, can you have a representative of their company on the board itself?
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If you have a soldier that you are reprimanding, can you have a represetative of their company on the board if you have other members of other units on the board. Is that a conflict of interest.
JAG
Board Member
Article 15
Legal Services
Posted 3 y ago
Responses: 4
MAJ (Join to see) What is a "legal action board"? Are you talking about UCMJ hearing being administered by the company, field grade commander?
Or what?
Or what?
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SFC (Join to see)
MAJ (Join to see) - If this is a court martial the JAG, TDS, and Judge Advocate will do a board selection process and dismiss any board members they feel may present a conflict of interest. The selection panel process will usually summon more members than necessary then select the members they want for the court martial
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You may want to redo your question if you are court martialing this soldier. A reprimand implies that you are trying to rehabilitate a soldier for a screw up, a Field Grade Article 15, as an example where you take rank and pay but leave that soldier the ability to still serve. A court martial means you want to throw this soldier in prison and get him a bad conduct discharge and put him out of the service permanently.
As stated below, JAG, TDS and the Judge will pick the Board. It would not be normal to pick someone from the same company.
As stated below, JAG, TDS and the Judge will pick the Board. It would not be normal to pick someone from the same company.
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If this is a courts-martial or administrative separation board the JAG office involved and TDS will take care of the board selection. Your local brigade legal office or legal assistance office can answer questions regarding the process.
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