Posted on Jan 16, 2019
Is it against any policy for a SM to remove from his record any sworn statements made against him by his friends for domestic reasonings?
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Is it against any policy for a SM to remove sworn statements that were made against him by his friends for domestic reasonings from his record?
Legal Assistant
Legal Services
Policy
Posted >1 y ago
Responses: 2
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What record? Anything official isn't given to. The SM to file, they just receive a copy of it. They can shred their copies if they like.
When there is an investigation (not conducted by CID) an investigating officer collects sworn statements. The SM receives a copy at the end of the investigation.
When there is an investigation (not conducted by CID) an investigating officer collects sworn statements. The SM receives a copy at the end of the investigation.
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SPC Maria LaMont
This happened 2008, when the unit had the sworn statements put in the 6 sided folder. When SM was PCSing, unit gave him his 6 sided folder and said, "here, do whatever with those sworn statements so they don't hurt your career progression". Therefore, SM took them out and kept them out of his record.
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If there is an ACTIVE investigation against the SM, and there are Sworn Statements as a part of this investigation...and the SM removed said Sworn Statements, then said SM has violated more than just policy.
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SPC Maria LaMont
Not an active investigation anymore. When PCSing his unit gave him the documents out of his 6 sided folder so they wouldn't "hurt his career progression".
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MSG (Join to see)
SPC Maria LaMont - Well, in that case, he can do with them as he pleases since they gave him copies after the investigation was over.
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SPC Maria LaMont
MSG (Join to see) it wasn't the copies it was the originals. I was told they were to stay in the SMs record?
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MSG (Join to see)
SPC Maria LaMont - Odd that he would be given the originals. But, if there was no findings against him at the end of the investigation....not much really anyone can do about him removing the sworn statements. Unless someone has copies, it will turn into a He Said/She Said kind of situation.
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