Does the commander have to flag a soldier if they are arrested but not charged by civilian police?

SGT Private RallyPoint Member — Tue, 13 Apr 2021 22:25:54 -0400

Does the commander have to flag a soldier if they are arrested but not charged by civilian police??

Response by SFC Private RallyPoint Member made Apr 13 at 2021 10:29 PM

SFC Private RallyPoint Member — Tue, 13 Apr 2021 22:29:13 -0400

AR 600-8-2

Response by CPT Private RallyPoint Member made Apr 13 at 2021 11:17 PM

CPT Private RallyPoint Member — Tue, 13 Apr 2021 23:17:45 -0400

There are some additional factors that a commander has to consider. If there is an investigation on going then yes. They could also subject the service member to a separation with a 14-12c. The Soldier doesn't need to be charged or even face UCMJ to be chaptered since a chapter is administrative and not punitive. If that happens they would also get flagged. The issue the commander would have to look into would be if the arresting agency dropped the charges thinking the military would handle it.

Response by SGT Brad Baier made Apr 14 at 2021 7:34 AM

SGT Brad Baier — Wed, 14 Apr 2021 07:34:07 -0400

Being arrested isn't proof a crime was committed. People are arrested all the time and then are found to be innocent. Now if they're proven to be guilty, then there is a problem. To many people don't let the facts play out before making judgement on a person.

Response by MAJ Ronnie Reams made Apr 14 at 2021 8:57 AM

MAJ Ronnie Reams — Wed, 14 Apr 2021 08:57:04 -0400

Almost 25 years behind the badge and I never heard tell of arresting someone without charging them. Around here that would lead to civil suits galore! Must be a northern thing.

Response by SSG Edward Tilton made Apr 15 at 2021 9:24 AM

SSG Edward Tilton — Thu, 15 Apr 2021 09:24:09 -0400

Assuming the Police will not appear in court, can you make the charges stick