If an NCOIC is getting court martialed for violating the UCMJ, can they remain in that leadership position until the court martial is over?

2019-01-28T11:59:17-05:00

Response by CSM Richard StCyr made Jan 28 at 2019 12:55 PM

2019-01-28T12:55:25-05:00

Persons undergoing Court Martial proceedings are usually suspended from leadership positions (never knew anyone not to be) until the investigation or proceedings are completed. Look up AR 600-20 and it discusses these issues.

Response by SFC Private RallyPoint Member made Jan 28 at 2019 1:16 PM

2019-01-28T13:16:45-05:00

The NCOIC is still an NCO with a job until their trial is complete. The position they hold at the time is based on the discretion of the commander. Depending on the nature of the charges, and the nature of the person's position, the commander they move them or leave them in place.
Until a person is convicted they are simply accusations and if the accusations are not serious enough to warrant confinement, then you can't simply remove people from their job without any justification.
So, good answer to your question, it depends

Response by SFC Jim Ruether made Jan 28 at 2019 6:44 PM

2019-01-28T18:44:56-05:00

I would think that if that violation or accusation occurred while in that leadership position and affected office personnel or his platoon. section or company it would be better to move him to another assignment until the courts martial proceedings were completed. That way unit cohesiveness, morale and team spirit wouldn't be adversely affected. Just my opinion without looking it up in the AR 600-20 Army Command Policies and Procedures

Response by SSG Private RallyPoint Member made Jan 29 at 2019 10:37 AM

2019-01-29T10:37:07-05:00

I know I had an SFC get removed as our Platoon SGT and replaced because she was facing some UCMJ actions for falsifying her travel voucher. They put her in an office job for the time being.