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2020-12-15T12:42:23-05:00

Response by MAJ Javier Rivera made Dec 15 at 2020 1:03 PM

2020-12-15T13:03:38-05:00

Is he barred from continuing service? Yes or No? He should known the answer to that question. If not, a quick walk to the S1 would Career Counselor. That will solve your issue. That said, the felony does jeopardize the Soldier’s career. It does affect his clearance; exponentially. Additionally, such a black mark kn his records makes him a target for those wonderful Reduction of Forces boards that comes every so often.

Response by SFC David Richard Allen made Dec 15 at 2020 3:15 PM

2020-12-15T15:15:01-05:00

Talk to JAG

Response by SFC Private RallyPoint Member made Dec 15 at 2020 6:08 PM

2020-12-15T18:08:07-05:00

There's a spot on the contract that asks about convictions and felonies. He will need a waiver but he can reenlist

Response by SSG Eric Blue made Dec 15 at 2020 6:57 PM

2020-12-15T18:57:52-05:00

That's a damn good question! I will say this, though. Soldiers have gotten into the military with felonies and some currently have felonies and are still serving. The main question I would ask is "does he have a bar to reenlistment code in his ERB?" If he's really trying to continue serving (some just give you lip service), a trip to Battalion S-1 or the Career Counselor is recommended. Good luck to you both.

Response by SFC Private RallyPoint Member made Dec 15 at 2020 7:08 PM

2020-12-15T19:08:52-05:00

I should also point out that Soldiers who are in the midst of civilian legal action are supposed to be flagged until the outcome of that action. While they're flagged they can't reenlist or PCS. But the commander is authorized to extend them long enough to see the end of their legal action. You can find the exact details and requirements in the regulation on flags AR 600-8-2

Response by SGM Bill Frazer made Dec 16 at 2020 12:11 AM

2020-12-16T00:11:23-05:00

Is there a bar or flag? Any felony can cause problems to enlist or re-enlist. Will his probation be over before his ETS? He should start preparing on how to sell himself to the command to ask to re-enlist. There will be paperwork to answer.

Response by CPT Private RallyPoint Member made Dec 16 at 2020 1:34 AM

2020-12-16T01:34:17-05:00

This is a major issue. As stated he should have been flagged. I am assuming that he didn't think he was being investigated and joined. Now he should be flagged. He really need to find a resolution to this ASAP. I would be contacting the DA's Office. Now that he is charged with a felony they will most likely issue a warrant for his arrest. His commander should be notified. An issue that you run into if he was under investigation when he was enlisted and he didn't disclose it then he has a whole other problem. The military will not interfere with this at all. He will have to resolve this by himself. He may also have his clearance suspended with certain criminal charges. I would support him as much as you can during this time. He differently has a tough time coming up.

Response by SSgt Thomas L. made Dec 17 at 2020 11:18 AM

2020-12-17T11:18:48-05:00

You say he's on probation, which would indicate that he's been convicted. A conviction would definitely affect his reenlistment, but I imagine there are command level waivers.

Response by SFC Private RallyPoint Member made Dec 17 at 2020 1:19 PM

2020-12-17T13:19:29-05:00

It is unclear whether this SM is active duty or Reserves/NG. It’s clear that he or she was convicted, as he/she is on probation. If it’s a Reservist on TPU unpaid status when the alleged felony occurred, it was nobody’s business except his S2 up until his conviction. He should have simply informed his or her S2 of the charge, which may have resulted in a security clearance suspension until the outcome was known. I see no sense in an administrative flagging action unless this is an active duty SM. Most service members facing charges in civilian courts are offered a reduction to misdemeanor, or charges dropped, or else they beat their case. I would be in this SM’s corner all the way as his supervisor, yet stay out of his personal legal business. The chaplain should offer counseling. After conviction he will again inform S2 of the outcome, and any bar to carrying a weapon will then be known. In the meantime, during his trial, stay out of his business and let him handle it.