Posted on Apr 17, 2023
Army sergeant convicted of murder made racist remarks, violent threats
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Responses: 8
SFC Joe S. Davis Jr., MSM, DSL I can't seem to tell from the article if Sgt is still on active duty or not. I hope not. We don't need a racist in our ranks and clearly, this guy is one by his statements.
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COL Randall C.
Cpl Vic Burk - Likely still on active duty as he was convicted on 8 APR 23.
Absent of any action to discharge him, current Army Directive that would apply is him being "legally non-deployable due to civil conviction". The guidance in that situation is that he would be processed for administrative separation upon his release from confinement (likely a dishonorable discharge as the underlying reason is the criminal conviction).
His command can process him for discharge now that he is convicted, but the process usually takes 1-2 months as it goes though a structured notification - rebuttal sequence followed by either an administrative board or a GCMCA authority determination.
Absent of any action to discharge him, current Army Directive that would apply is him being "legally non-deployable due to civil conviction". The guidance in that situation is that he would be processed for administrative separation upon his release from confinement (likely a dishonorable discharge as the underlying reason is the criminal conviction).
His command can process him for discharge now that he is convicted, but the process usually takes 1-2 months as it goes though a structured notification - rebuttal sequence followed by either an administrative board or a GCMCA authority determination.
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Cpl Vic Burk
COL Randall C. - But, if he receives a pardon, will that carry over still as a conviction by civilian authorities? As I recall, a conviction by civilian authorities carried an Undesirable discharge back in my day. So would he still get this even with a pardon?
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COL Randall C.
Cpl Vic Burk - That's one reason why the general guidance is to discharge when released from confinement instead of when convicted.
A prudent commander wouldn't process an administrative discharge in a case like this until it was resolved. There's no benefit to the Soldier for him being kept on the books (he's not paid while in confinement nor does he earn "good time") until the situation is resolved one way or another.
A prudent commander wouldn't process an administrative discharge in a case like this until it was resolved. There's no benefit to the Soldier for him being kept on the books (he's not paid while in confinement nor does he earn "good time") until the situation is resolved one way or another.
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Shows that he definitely needs time to cool off behind bars brother SFC Joe S. Davis Jr., MSM, DSL
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