Is there any way to get an unfounded SHARP case removed from someone's military records?

2020-01-27T17:50:01-05:00

Question for the community:

I have a SSG that works for me coming near the end of his/her assignment. Stellar NCO, no issues, no complaints, hard worker and great work ethic.

Trying to secure him/her a good career move. Being told that due to a unfounded SHARP case in his/her records from when he/she was a SPC, he/she is not allowed to serve in positions of trust and/or Leadership. Therefor, 0 jobs available or potential of promotion.

My question is. Is there any way to get this removed from his/her records?
I've heard mixed opinions on this topic. So, I figured where else would I be able to get a better opinion than here?

Thank you for your time and I am genuinely trying to assist this SM in their career.

Response by MAJ Ken Landgren made Jan 27 at 2020 6:01 PM

2020-01-27T18:01:56-05:00

I would send him to JAG.

Response by SGM Erik Marquez made Jan 27 at 2020 6:02 PM

2020-01-27T18:02:00-05:00

SFC Andrew B. Being told by who?
To whomever that is, ask them to look up the word "unfounded"
The U.S. Army Criminal Investigations Command (CID) uses the terms of founded
and unfounded when referring to a sexual assault.

If it is not a substantiated report, it is unfounded or un substantiated.
A substantiated report is;
Substantiated Reports. Dispositions in this category come from Unrestricted
Reports that have been investigated and found to have sufficient evidence to
provide to command for consideration of action to take some form of punitive,
corrective, or discharge action against an offender.
(1) Substantiated Reports Against Service Member Subjects. A substantiated report
of sexual assault is an Unrestricted Report that was investigated by an MCIO,
provided to the appropriate military command for consideration of action, and
found to have sufficient evidence to support the command’s action against the
subject. Actions against the subject may include initiation of a court-martial,
nonjudicial punishment, administrative discharge, and other adverse
administrative action that result from a report of sexual assault or associated
misconduct (e.g., adultery, housebreaking, false official statement).
(2) Substantiated Reports by Service Member Victims. A substantiated report of a
sexual assault victim’s Unrestricted Report that was investigated by an MCIO, and
provided to the appropriate military command for consideration of action, and
found to have sufficient evidence to support the command’s action against the
subject. However, there are instances where an Unrestricted Report of sexual
assault by a Service member victim may be substantiated but the command is not
able to take action against the person who is the subject of the investigation. These
categories include the following: the subject of the investigation could not be
identified; the subject died or deserted from the Service before action could be
taken; the subject was a civilian or foreign national not subject to the UCMJ; or
the subject was a Service member being prosecuted by a civilian or foreign
authority."

If it aint one of those above, it is unfounded or unsubstantiated...meaning, no proof exists it was a true claim.

Id DARE someone to withhold favorable action based on their reading of a report of an unfounded SHARP complaint. I might blow up my career in the old boys club way of doing things (IE blackballed) ...but by the end of the war, there would be some very senior NCO's and Officers missing rank as well.

Do not go gentle into that good night- Dylan Thomas

Response by MAJ Javier Rivera made Jan 27 at 2020 6:10 PM

2020-01-27T18:10:18-05:00

Oh hell no!!!!

If the investigation is “unfounded” the there is no reason to withheld this SM from moving up. A visit to the JAG is a good pint of beginning.

Response by SGM Erik Marquez made Jan 28 at 2020 9:25 AM

2020-01-28T09:25:05-05:00

SFC Andrew B. I see you edited and completely changed your question.
to "Is there any way to get an unfounded SHARP case removed from someone's military records?"

Kind of makes all the response you got out of content and no longer answering your "question"
Perhaps next time, simply ask a follow up question.
In any case, on to your new question.
NO, not to my knowledge. By all means send the SM to JAG and IG. But with the same things as before. Some proof it is causing an issue, some proof the SHARP complaint investigation is completed, closed and found to be unsubstantiated

Response by SFC Andrew B. made Jan 28 at 2020 5:17 PM

2020-01-28T17:17:59-05:00

So, got an update today from HRC, CID, and TDS.
The SM was told the case was unfounded in 2013 and that there were no issues.

Come to find out, it was founded and no action to follow was the result. Supposedly never counseled and/or given a copy of the findings of the report. So this is getting interesting.

So, SM requested records via FOIA from CRC and will be seeking legal counsel.

I'm curious as to see what is within their records and how it just now became a problem for their career.