Posted on Jul 10, 2020
Can Chain of Command launch an investigation on a dropped SHARP charge that was also restricted reported?
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7 months ago, I had a friend that had an alcohol related incident that ended up in a SHARP case. The soldier that filed it against him elected to go with a restricted report, and after 2 weeks the situation was resolved. He was recommended to ASAP and the soldier dropped the SHARP charge. Last week, he was moved to another unit because of the incident and his Chain of Command, maybe even higher, is trying to launch an investigation on him for not having all the details on the SHARP incident. He's 2 months away from PCS/ETS, I say that because he has to reenlist for a COT approved duty station request, but he doesn't want to lose the duty station if he reenlists and then gets flagged. His ETS is also less than 2 months away and is worried about being held in because of the investigation. He has no pending flags or prior flags as of right now. Is Chain of Command allowed to launch an investigation on a SHARP case that was restricted and was dropped by the other soldier? He's still attending the ASAP course and has had no incidents since then. Is this allowed or should be going to IG or JAG about this?
SHARP
Investigation
Posted >1 y ago
Responses: 10
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Oh, unofficially, be careful about who you vocally advocate for. You don't want to get caught in the crossfire.
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SFC Kelly Fuerhoff
SSG Robert Perrotto - But he is probably going to end up hurting his friend...that's all.
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LTC (Join to see)
Since he edited his comment to remove the term "alcoholic rapist", it would appear that my initial comment was on point....that's all.
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SFC Michael Hasbun
SFC Kelly Fuerhoff - alcohol is a drug that lowers inhibitions. It also happens to be the #1 drug of choice for date rapists. Being drunk IS impairment. There's a reason why you're not allowed to drink and drive, drink and perform surgery, drink and operate heavy machinery, drink and report to duty, etc...
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SFC Michael Hasbun
LTC (Join to see) - No, I removed the term because I understand that some people will focus only on the term and miss the message because they're staring at one tree in the forest.
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Once the CoC knows they are Legally Obligated to report the incident. They will notify MPs/CID they will be the investigators. The restricted report is no longer restricted and will be used in the investigation.
If the incident was dropped/Resolved why was the Soldier Moved at all. There is something missing here. Once the Investigation was initiated he will be flagged and barred.
Final note the IG will never look at this it is a Clearly criminal matter now
If the incident was dropped/Resolved why was the Soldier Moved at all. There is something missing here. Once the Investigation was initiated he will be flagged and barred.
Final note the IG will never look at this it is a Clearly criminal matter now
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SSG (Join to see)
SSgt Joseph Baptist - In the Army they usually move them first. An NCO usually to a Staff position and a Soldier to another unit. It happens all the time in the normal course of business so people don't think about it to much when a Soldier gets moves.
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The instant a mandatory reporter becomes aware of the circumstances and notifies the authorities, a restricted report is no longer an option.
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SFC Michael Hasbun
No. It's not up to the individual to determine if something is criminal. That's legal and the investigators job.
Everyone in the military MUST report seeing, hearing, or knowing of a sexual assault to the authorities within 24 hours.
I'll attach some official training materials to add clarity.
Everyone in the military MUST report seeing, hearing, or knowing of a sexual assault to the authorities within 24 hours.
I'll attach some official training materials to add clarity.
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SFC Kelly Fuerhoff
If anyone who is not a SARC, VA, chaplain or medical personnel gets told about a sexual assault it's all stop and it has to be reported. Period.
They can still file a restricted report if they told a family member or friend outside the military but that person has no confidentiality. If it gets back to the unit, there goes the restricted report option.
They can still file a restricted report if they told a family member or friend outside the military but that person has no confidentiality. If it gets back to the unit, there goes the restricted report option.
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