Posted on Sep 13, 2017
SGT Infantryman
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1SG Vet Technician
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I am not sure what any member of this forum can say to answer your question. If there is a selection process, then generally most negative actions will not have a positive influence, but I think you know that.

The only way to find out is to continue the process and find out. There is someone through which you are coordinating this action. I suggest you check with that NCO to see if a moral waiver is warranted
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SGT Infantryman
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Thank you for the suggestion SFC. I appreciate your point of view
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MSG Intermediate Care Technician
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Edited >1 y ago
The only way to find out is to submit the packet and run the course. Now, I would say that it is possible, as I know a 1LT that received a GOMR as a SFC and still was selected and commissioned.
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SP5 Peter Keane
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First, there is no defendant in a civil court, only a respondent. Post a screenshot from your phone is preventing the top part, probably important part of your question.
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SGT Infantryman
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Also, a defendant is a person accused of a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case.
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SP5 Peter Keane
SP5 Peter Keane
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SGT (Join to see) - No, in a civil proceeding there is no defendant.
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SGT Infantryman
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So I went to court for driving under the influence as a respondent and not a defendant?
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SSgt Ryan Sylvester
SSgt Ryan Sylvester
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SGT (Join to see) - Driving Under the Influence is a criminal charge. That's not a civil court, it's criminal court. What I think you meant to say is "civilian court" versus "military court-martial". It's crucial to use the right terminology.

If you did, though... if this was a matter brought by the individual as a lawsuit in a civil court matter, and not by the State as a formal criminal charge, then it depends how the State with jurisdiction has their paperwork filed. You may be listed as Defendant or Respondent, accordingly. You would also not be charged with DUI, but sued for damages incurred as a result from that momentary lapse in good judgment. In civil court matters, you do not face a formal criminal charge, and the verdict in such a case is only whether you are legally responsible for restitution, not whether you are guilty of an offense. There's a much lower burden of proof for that.
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