Can you really be chaptered 14-12c for misconduct for simply being charged and arrested by civilian authorities and civilian case pending?

2017-06-04T02:36:45-04:00

Soldier chaptered for misconduct. Soldier was arrested and charged by civilian authorities. Civilian trial has been continued several times while the Army processed administrative separation for misconduct due to the charges. Separation board found soldier "committed misconduct" but victim wasnt even present at the board to testify. Separation now approved and moving fast.

How is it legal to separate a soldier for something they havent even been convicted of?

Response by 1LT William Clardy made Jun 4 at 2017 11:55 AM

2017-06-04T11:55:58-04:00

The answer is painfully simple, SSG Private RallyPoint Member: the legal standards are different for a criminal conviction versus an administrative procedure. The separation board doesn't need proof beyond a reasonable doubt to reach a binding decision, they just need enough information to reach a reasonable conclusion.

Response by SSG(P) Private RallyPoint Member made Jun 5 at 2017 9:03 AM

2017-06-05T09:03:58-04:00

Remember, in the Army, appearances are everything. Even if someone doesn't fall under any of the other chapters of the UCMJ, there is always the Article 134, Actions or Conduct prejudicial to good order and discipline. I would guess that the command believes that if the SM was arrested and charged, and going to trial, there is something to the charge(s). The SM was arraigned and indicted, so there IS something there. I guess the Army is hedging its bet and starting the separation process early. Legal has to sign off on every chapter and separation, so it must have passed muster.

Response by CPO Private RallyPoint Member made Jun 5 at 2017 10:34 AM

2017-06-05T10:34:45-04:00

I have see two cases where this has happened.

First one was an E2 showed up from boot camp, well spoken clean cut male. Kept to him self didn't drink, party, or do anything that made him stand out. Hard worker. One day the Police showed up with an arrest warrant, (he had missed a court date) seems he had been a teacher and had sex with an 18 year old that attended his school. The School and the authority's were "unconcerned" as she was not in any of his class's and was legal age. The parents demanded that the charges be pressed as he was black and they were not. (I did some digging later on this) So he was charged with rape. The Command admin separated him and turned him over to the police that day. The justification for the Admin separation was he had falsified his paperwork and joined the Navy under false pretenses. (He was found not guilty by the Civi court BTW)

The Sec one is more personal, My Best friend (a Brother form another mother) was at a bar waiting on one of his friends. (I sadly was on deployment so couldn't be there to help him deal with this.) Someone slipped something in his drink and he doesn't remember the rest of the night. His Wife filled in a lot of the details, which were he was having conversations with people from video games, and cartoons his daughter watches. At some point he was having flash backs to the abuse his father committed against him and was begging to be shot. The Police that picked him up have a reputation for creative writing and lying under oath. In the police report they said he had beat his GF half to death and that she was in the hospital, that he had been brandishing a firearm and threating to kill everyone... Truth was he didn't own a gun at the time, his GF was his Wife and didn't have a mark on her, and he is about as aggressive as milk toast. The police ran the report over to the base that night and by morning the base had shredded ALL of his records, from medical to personal. He was released on bail the next day and when he showed up at the base to tell them he was arrested at the gate by the MP's. The command told him he was being separated because of the report they got. He fought it as he was a reservist they told him they would hold off till the civi court made a ruling. Took 4 Months before his first court date where the Prosecutor in court called the Police liars, refuted everything they had written in their reports and asked the Judge to drop the case with prejudice. The Judge agreed and it was as if it had never happened.

When he took the paper work back to the base he found out that the head MP had been making sure to tell everyone at the base he had Murdered his wife, so even after the command acknowledged they had screwed up and had to rebuild his records he still had to deal with people looking at him side ways. He Switched branches and became an Officer to get away from that BS.