Is it a Privacy Act or UCMJ violation for an NCO to disclose to an employer my having been on permanent profile and receiving an Article 15? https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry <div class="images-v2-count-0"></div>So, I am on terminal leave. Actively looking for employment in the civilian world, I added my old NCO down as a reference. But that NCO was recent to the unit, and probably was around for 2-3 months before I out-processed. So, in that police department I applied for when doing background investigations, the background investigators called all the references, nothing but good words, from old jobs, family, and former managers and supervisors. But when coming to the one reference from the military side, called that NCO, he proceeded and said he did not really know me that much, but went ahead and hand the phone to that other NCO that was there, another NCO he was there to replace as the MCS and will be PCSing soon. Then he went ahead and disclosed about me was being on a permanent profile, and was using it to not do my job. And to make it worst, disclosed about an article 15 that I&#39;ve received. Art .15 that was a company grade, I ETSed already, already got handed my files from the training room from the unit, and I out-processed them, records should have been destroyed or archived. Informations that were private, you weren&#39;t there at the hearing. Was not up to you, or had the authorization to disclose to anywho, and on top of that military records to a civilian entity. I want to know if was that in the right if was it a privacy act violation or any UCMJ violations at all, and what is the way to proceed to report it and to whom/where.<br />FYI, yes, the Art. 15 was already willingly disclosed to the employer at the time of application. I just want to know, was that right? Tue, 30 Aug 2022 22:49:41 -0400 Is it a Privacy Act or UCMJ violation for an NCO to disclose to an employer my having been on permanent profile and receiving an Article 15? https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry <div class="images-v2-count-0"></div>So, I am on terminal leave. Actively looking for employment in the civilian world, I added my old NCO down as a reference. But that NCO was recent to the unit, and probably was around for 2-3 months before I out-processed. So, in that police department I applied for when doing background investigations, the background investigators called all the references, nothing but good words, from old jobs, family, and former managers and supervisors. But when coming to the one reference from the military side, called that NCO, he proceeded and said he did not really know me that much, but went ahead and hand the phone to that other NCO that was there, another NCO he was there to replace as the MCS and will be PCSing soon. Then he went ahead and disclosed about me was being on a permanent profile, and was using it to not do my job. And to make it worst, disclosed about an article 15 that I&#39;ve received. Art .15 that was a company grade, I ETSed already, already got handed my files from the training room from the unit, and I out-processed them, records should have been destroyed or archived. Informations that were private, you weren&#39;t there at the hearing. Was not up to you, or had the authorization to disclose to anywho, and on top of that military records to a civilian entity. I want to know if was that in the right if was it a privacy act violation or any UCMJ violations at all, and what is the way to proceed to report it and to whom/where.<br />FYI, yes, the Art. 15 was already willingly disclosed to the employer at the time of application. I just want to know, was that right? SPC Rigarly L Etienne Tue, 30 Aug 2022 22:49:41 -0400 2022-08-30T22:49:41-04:00 Response by LTC Trent Klug made Aug 30 at 2022 11:16 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7852447&urlhash=7852447 <div class="images-v2-count-0"></div>Just so I&#39;m straight here. You applied to a police department and didn&#39;t disclose you has received an Article 15? If you didn&#39;t, can you understand how they would think you&#39;re hiding things at the very least. Or at the other end of the spectrum, you&#39;re not truthful in a job requiring the truth all the time. LTC Trent Klug Tue, 30 Aug 2022 23:16:34 -0400 2022-08-30T23:16:34-04:00 Response by SFC Private RallyPoint Member made Aug 31 at 2022 1:43 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7852616&urlhash=7852616 <div class="images-v2-count-0"></div>First, UCMJ results are not private. Units frequently post the results of UCMJ in a blotter report, online or on the wall of the unit, as a warning for others. While the proceedings are restricted unless specifically opened, the results can be posted without the PII. It doesn&#39;t take a detective to connect &quot;PFC accused of ____ received 15/15&quot; to the person who did it.<br /><br />Second, information is not private. Records are private, information is knowledge and is frequently spread around until its common knowledge. Information that is publicly known is not protected. If someone transferred the records of your UCMJ without authorization, that would be a violation. That NCO might not have been at your hearing, but they knew what happened.<br /><br />Third, references are for checking your reputation. They want to know what kind of person are you to work with, what type of character you have, and anything else that can&#39;t be adequately portrayed in a record. They want to reveal any hidden traits or previous issues that could make you a liability. Governments are financially liable if you mess up as a law enforcement officer, they have a responsibility to ensure you won&#39;t be the face of a future multimillion dollar lawsuit.<br /><br />Fourth, sharing that you were on profile is not private. Back to the common knowledge part, if someone was obviously pregnant and you told that to another person, that would not be a HIPAA or privacy violation. Providing the medical records would be. While your employer cannot ask certain questions about disabilities because of ADA, your references are free to say whatever they know from personal knowledge and experience.<br /><br />You are under a background investigation. The investigator may talk with anyone about anything they believe will reveal information about you as necessary to complete their task. They may even follow up with another phone call to the NCO. If this was a federal investigator they might send out an investigator to the unit to meet with the NCO and any other people who may have known you. With most background checks you will have already signed a release of information, I can&#39;t imagine that you didn&#39;t for this one. A release of information authorizes anyone holding relevant documents, such as UCMJ proceedings, to be released to the investigator. Not that any have been released.<br /><br />Finally, you have not ETSed, you&#39;re still in the Army on leave. Until the day your transition leave ends, you&#39;re still an active duty Soldier. I&#39;m pointing that out because you seem to be confused about the difference. While you&#39;re trying to sharpshooter someone over the disclosure of information you think is protected, you can&#39;t even identify if it was veterans records or soldiers records you are talking about. It sounds like you don&#39;t know what is supposed to happen to your records, when they are shredded or how long they are kept for. Also, again, information is generally free and only physical records are protected in most cases. SFC Private RallyPoint Member Wed, 31 Aug 2022 01:43:20 -0400 2022-08-31T01:43:20-04:00 Response by SSgt Christophe Murphy made Aug 31 at 2022 9:15 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7853065&urlhash=7853065 <div class="images-v2-count-0"></div>An NCO referencing an Article 15 isn&#39;t a violation. Luckily you were honest and the cards were on the table. This is a very important lesson. Be very careful on what references you use. Using a point of contact who barely knows you opens you up for randomness like this to happen. Just keep grinding and you&#39;ll be just fine. SSgt Christophe Murphy Wed, 31 Aug 2022 09:15:13 -0400 2022-08-31T09:15:13-04:00 Response by MSG Private RallyPoint Member made Aug 31 at 2022 9:29 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7853103&urlhash=7853103 <div class="images-v2-count-0"></div>I am curious....why did you add an NCO, as a reference, that was only in the unit for 2-3 months that really didn&#39;t know you well? MSG Private RallyPoint Member Wed, 31 Aug 2022 09:29:51 -0400 2022-08-31T09:29:51-04:00 Response by SSG Private RallyPoint Member made Aug 31 at 2022 11:36 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7853277&urlhash=7853277 <div class="images-v2-count-0"></div>All I can say is most companies will only confirm you worked for them, even if they fire you most of them will not give the reason. Because they don&#39;t want to have a law suit filed against them. SSG Private RallyPoint Member Wed, 31 Aug 2022 11:36:32 -0400 2022-08-31T11:36:32-04:00 Response by CPL Jason Northedge made Aug 31 at 2022 2:23 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7853529&urlhash=7853529 <div class="images-v2-count-0"></div>When you become a supervisor for a corporation they teach you that you are not allowed to divulge certain info about the fmr employee. You can discuss tardiness absences, stuff like that. And it can only come from your immediate supervisor. <br />The ucmj doesn&#39;t cover issues like that. He was just a bitter pos, we all had a cpl of those. <br />Good luck CPL Jason Northedge Wed, 31 Aug 2022 14:23:59 -0400 2022-08-31T14:23:59-04:00 Response by MSG Thomas Currie made Aug 31 at 2022 2:27 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7853537&urlhash=7853537 <div class="images-v2-count-0"></div>Unless the NCO you are whining about is in a medical field he CANNOT violate the HIPAA law (which is the law covering privacy of medical information) because that law only applies to doctors, nurses, etc., involved in treating you.<br /><br />The Privacy Act only covers Personally Identifying Information, primarily your name together with your social security number or date of birth.<br /><br />The UCMJ covers only the offenses specified. Nothing in the UCMJ directly applies to the situation you describe. IF there were some Army or local regulation or formal policy about responding to inquiries that prohibited releasing information, then it might fall under UCMJ Article 92 &quot;Failure to Obey an Order or Regulation&quot;<br /><br />When you put someone down as a reference on an employment application you are authorizing the prospective employer to contact them and authorizing them to respond to such inquiries with truthful information.<br /><br />Guess what? Since the information provided was true, about all you can do about it is whine -- which you seem to be very good at. MSG Thomas Currie Wed, 31 Aug 2022 14:27:18 -0400 2022-08-31T14:27:18-04:00 Response by SFC David Reid, M.S, PHR, SHRM-CP, DTM made Aug 31 at 2022 2:40 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7853554&urlhash=7853554 <div class="images-v2-count-0"></div>This should result in a teaching moment<br />.once you placed the NCO on your lists as an reference you shot yourself it the foot. Never provide anyone as a reference that do not previously spoken with. Why should someone be punished for someone you listed as a reference. SFC David Reid, M.S, PHR, SHRM-CP, DTM Wed, 31 Aug 2022 14:40:26 -0400 2022-08-31T14:40:26-04:00 Response by SPC Ruben Marin made Aug 31 at 2022 5:23 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7853766&urlhash=7853766 <div class="images-v2-count-0"></div>Any action stemming from an article 15 should only be disclosed to the soldiers chain of command. Anyone outside of that is not privy to such info, unless it&#39;s to new leaders entering the chain of command. The same goes with military Police blotters. They are strictly for the eyes of leaders of units at a certain level. Of course Joe&#39;s talk and share info they run in to. As for sharing with a civilian entity, that is a violation of the UCMJ. Personal info, especially medical history may not be shared with anyone outside the military for any reason without the soldiers consent, and even that request is usually denied. You&#39;ll learn this from the VA and every government civilian agency that pertains to records, that they will not ever share your info unless it&#39;s with you. You opened up pandoras box in giving consent to speak with your last unit. The nco should not have disclosed any info other than you were a Joe and nothing more. I wouldn&#39;t bother going forward with this as it usually goes no where and wastes your time. Hope this helps. SPC Ruben Marin Wed, 31 Aug 2022 17:23:37 -0400 2022-08-31T17:23:37-04:00 Response by Lt Col Jim Coe made Sep 1 at 2022 1:50 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7855536&urlhash=7855536 <div class="images-v2-count-0"></div>Moral of the story for everybody is to be careful whom you pick as a reference. <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="148812" data-source-page-controller="question_response_contents" href="/profiles/148812-79s-career-counselor-usaraf-hq-usaraf-setaf">SFC Private RallyPoint Member</a> has excellent points. There is a difference between reference checks and a background investigation. I did reference checks on perspective employees for the private company I worked for. <br /> Most of the time, the applicant provided references only for people who were likely to say good things about them. A background check may uncover other information. IMO it looks like the NCO in your post passed on a lot of information he didn&#39;t know first hand. He apparently didn&#39;t know you well, but did know the unit gossip. As a private sector hiring manager, I was always skeptical of this kind of input from previous supervisors. Civilian employers may or may not understand &quot;profile&quot; or &quot;Article 15.&quot; You may be asked to explain both. Be prepared to do so. It would have been better if the NCO told your prospective employer he didn&#39;t know you well and to call the unit Personnel Office (S1) who could verify employment.<br /><br />Units should have procedures in place for NCOs and Officers to deal with reference check calls. IMO Human Resources or &quot;personnel people&quot; should always handle these calls. To do otherwise opens the individual and organization to accusations of slander and liable. In the private sector, reference checks almost always start and end with the HR department. Lt Col Jim Coe Thu, 01 Sep 2022 13:50:46 -0400 2022-09-01T13:50:46-04:00 Response by SSG Roger Ayscue made Sep 4 at 2022 3:25 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7859819&urlhash=7859819 <div class="images-v2-count-0"></div>In my previous job, I was routinely asked to look over the applications of veterans applying for employment. If they listed a military supervisor I called them first. I researched why they got a less than perfect RE Code on the DD214. This was because we dealt with weapons, had to be armed and were required to carry concealed weapons. So I called a Platoon Sergeant, you bet your butt I did.<br />One of the first classes that I was taught was Benefits of an Honorable Discharge. They kept pounding into our heads what you do in the Army wil follow you.<br />Only you know if you rode a profile. Only you know why you did what you did, especially listing a person that you hardly knew as a reference. That Soldier was not too bright.<br /><a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="148812" data-source-page-controller="question_response_contents" href="/profiles/148812-79s-career-counselor-usaraf-hq-usaraf-setaf">SFC Private RallyPoint Member</a> gave the perfect answer. SSG Roger Ayscue Sun, 04 Sep 2022 03:25:50 -0400 2022-09-04T03:25:50-04:00 Response by CW4 Ken Grady made Oct 25 at 2022 9:30 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7948956&urlhash=7948956 <div class="images-v2-count-0"></div>The only thing I can see wrong in this situation is if any of the information is false. If everything is true well.... that&#39;s that. When you put someone down as a reference and they give factual information, that is what the employer wants to know. CW4 Ken Grady Tue, 25 Oct 2022 09:30:42 -0400 2022-10-25T09:30:42-04:00 Response by MSgt Mason Manner made Oct 27 at 2022 2:38 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7951874&urlhash=7951874 <div class="images-v2-count-0"></div>In my experience Art 15 don&#39;t follow you into the civilian world BUT COURTS MARTIALS DO. Unfortunately for you;you don&#39;t have any recourse you opened the door by listing your last supervisor who apparently didn&#39;t feel comfortable giving you a reference so he tossed it to someone who apparently didn&#39;t like you and told the prospective employer what he knew/surmised about you since this was verbal there&#39;s nothing in writing so you&#39;re SOL MSgt Mason Manner Thu, 27 Oct 2022 02:38:25 -0400 2022-10-27T02:38:25-04:00 Response by CPL E A made Oct 28 at 2022 6:36 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7953732&urlhash=7953732 <div class="images-v2-count-0"></div>Get a lawyer with knowledge of labor laws. That first answer was a barracks&#39;s lawyer trying to protect an interest that is not yours by any account. Free consult over the phone or in person. There are even monthly memberships that can give you a number of consults per month/year. Think about this. How do you know someone is saying the truth or how much truth is divulged in a hearsay, or vaguely remembered biased experience. Think about this: who is allowed to say what and how much. The military is not a knitting circle full of dependas ready to share the latest scandal. Military bearing and professionalism are the standard. Also, divulging a past pregnancy is a gray line. Not your case; but discussed in the top comment. No one can assume there was a pregnancy if the person carrying did not make it publicly known. Speculate all you want; but if this was a stillbirth? How great to discuss the death of a child and its effects on the mother/father! No. It&#39;s disgusting. Let&#39;s give you the benefit of the doubt. If you did not get reprimanded at all but someone were to be making something up; then you would want that to be straightened out. If they were to double down, what proof would they show to corroborate their gossip? If there was a genuine medical condition behind your profile, are they going to break into your medical records to make their point? It doesn&#39;t sound like professional behavior. Is it legal? Do they want a civil lawsuit for not acting accordingly? Who knows? The military will not stand for this type of noise because it doesn&#39;t waste its time in minutiae that reflects on its reputation in such a degrading manner. So what people are saying is that the military has the time to spread gossip about someone being on profile permanently and they allowed it to happen? What public precedent does it set for people who want to join for the benefits? Do they want people to think anyone can get away with something that sound like wouldn&#39;t happen in a unit that is professional and well put together? I&#39;m telling you this to allow you to think that you too can move on from mistakes made. Speak to an attorney. Good luck. Veterans protect one another. So do active duty. It&#39;s divided even if we say it&#39;s not. But did I have to make it known to the public? It&#39;s an internal issue. Just like your situation. The person they can contact in the future and when all this is settled is an officer, because they know this is problematic and will handle it with care. I would also have that unit write you a written reference with a date and signature so you can furnish that to future interviews. Also talk to your VA Rep. I&#39;m sure they want to know about this. If they are doing their job, they will give you good advice. CPL E A Fri, 28 Oct 2022 06:36:16 -0400 2022-10-28T06:36:16-04:00 Response by LTC Private RallyPoint Member made Oct 28 at 2022 7:55 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7953816&urlhash=7953816 <div class="images-v2-count-0"></div>No but it sounds like you should pick different references. LTC Private RallyPoint Member Fri, 28 Oct 2022 07:55:19 -0400 2022-10-28T07:55:19-04:00 Response by MSG Harvey Kane made Oct 30 at 2022 5:12 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=7957408&urlhash=7957408 <div class="images-v2-count-0"></div>If your NCO told a civilian employer about anything that happened to you in the military, I urge you to contact an attorney. All he can say is that you served! <br />There are lots of shit house lawyers in uniform. They don&#39;t know what they are talking about that is why they are called shit house lawyers. <br />I was a VP at a major organization and was instructed many times that if someone asked about a former employee that I was to direct their questions to Human Resources. Ditto for the military!<br /><br />Without the consent of the veteran or next-of-kin, the NPRC can only release limited information from non-archival Official Military Personnel Files (OMPF) to the general public.Sep 2, 2022<br /><br />Access to Official Military Personnel Files (OMPF)for the General Public<a target="_blank" href="https://http://www.archives.gov">https://http://www.archives.gov</a> › personnel-records-center › om.. <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> <img src="https://d1ndsj6b8hkqu9.cloudfront.net/link_data_pictures/images/000/751/776/qrc/open-uri20221030-2188-1b9pyqn"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="http://www.archives.gov">National Archives |</a> </p> <p class="pta-link-card-description"></p> </div> <div class="clearfix"></div> </div> MSG Harvey Kane Sun, 30 Oct 2022 17:12:22 -0400 2022-10-30T17:12:22-04:00 Response by SGT James Hunsinger made Nov 29 at 2022 10:39 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8004158&urlhash=8004158 <div class="images-v2-count-0"></div>It is a violation of the Health Insurance Portability and Accountability Act of 1996 for him to disclose any medical information and it is probably a violation of the states labor laws to release UCMJ action details as well. Most states have laws against this sort f thing. I would definitely go to your JAG for more specific help on this. Beyond the legalities, definitely a dick move. SGT James Hunsinger Tue, 29 Nov 2022 22:39:14 -0500 2022-11-29T22:39:14-05:00 Response by SFC Jerald Bottcher made Dec 2 at 2022 11:50 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8009344&urlhash=8009344 <div class="images-v2-count-0"></div>This one is a little different. One, you listed a certain NCO as a reference for yourself. A different NCO decided to volunteer information about you. He should not have done that unless he was in your direct chain of command. (in this case squad leader, Platoon Sgt, 1SG.) Now the information about the UCMJ action is publicly available. The information about your permanent profile would also be considered semi public as it is personal, but not medical information so he did not break the law. However any negative comments like He was using the profile to get out of doing you job or your duty are not proper. He can be sued in civil court for defamation. (If you were using your profile so you could skirt your job or your duty, that would have been up to your chain of command to prosecute you and you would have been kicked out instead of normally ETS&#39;ing) IN any case Though what he did was not &quot;against the law&quot; it was highly improper. I would report him to the local IG and or JAG office. They will want to have a talk with him.<br />A question I have is why did he want to do you that way? By the way, He was not listed as a character reference. Your prospective employer should have refused to speak with him. SFC Jerald Bottcher Fri, 02 Dec 2022 23:50:12 -0500 2022-12-02T23:50:12-05:00 Response by SSG Eric Blue made Jan 18 at 2023 9:36 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8089995&urlhash=8089995 <div class="images-v2-count-0"></div>*scratches head* If the NCO that was your reference was new to your unit, why&#39;d you use them? You should have (1) used a reference that knew you well and (2) used a reference that wouldn&#39;t talk down about you. SSG Eric Blue Wed, 18 Jan 2023 21:36:16 -0500 2023-01-18T21:36:16-05:00 Response by SSG Shawn Mcfadden made Feb 13 at 2023 4:07 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8131766&urlhash=8131766 <div class="images-v2-count-0"></div>UCMJ results are listed in the blotter report. Don&#39;t know about the profile, but the answer to the A-15 is not a provacy act violation. SSG Shawn Mcfadden Mon, 13 Feb 2023 04:07:56 -0500 2023-02-13T04:07:56-05:00 Response by SGM Marshall Rader made Mar 16 at 2023 5:53 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8182110&urlhash=8182110 <div class="images-v2-count-0"></div>It is a violation of law to provide a prospective employer negative information from the previous employer. Reference are authorized to not comment but not say negative performance issues. This applies to the federal government as well. SGM Marshall Rader Thu, 16 Mar 2023 05:53:48 -0400 2023-03-16T05:53:48-04:00 Response by CSM Mark Gerecht made Mar 18 at 2023 2:23 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8185755&urlhash=8185755 <div class="images-v2-count-0"></div>While some information is public it can be for official use only. In addition the discussion of the profile could be a medical breach under HIPPA. The bottom line is if you want to pursue it you and speak with JAG if you are still on terminal leave or you can find a local attorney that was a previous JAG officer and is familiar with military law application as it relates to civilian issues. <br />In the future choose your references wisely and make sure you talk to them about being a reference for you and what they might say. CSM Mark Gerecht Sat, 18 Mar 2023 14:23:26 -0400 2023-03-18T14:23:26-04:00 Response by SFC Clifford Brewer made Mar 19 at 2023 8:00 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8186668&urlhash=8186668 <div class="images-v2-count-0"></div>I have been retired over 40 years and I have to say ( excuse my French.. this soldier is head is pointed in the wrong direction as far as where his bad or good report file goes..it’s the same as in civilian world when one applies for a job.. Do you think but you did..lol that the Military would hide bad ass you did while on active duty from a company that ask for general information about you after you put the Military down as a reference..it’s your fault you got caught up with your hands in the cookie jar..I remember we all was told what ever we do in the Military will follow us where are we go..so only a dumb A would think if he do something stupid and got caught punished by UMCJ the military would hide it..SO take the bad and make a good pad yourself on the bad and say I it was my fault I am on the street with B C D..and stop throw rock and hiding..lol SFC Clifford Brewer Sun, 19 Mar 2023 08:00:55 -0400 2023-03-19T08:00:55-04:00 Response by PO1 Kevin Dougherty made Mar 19 at 2023 11:55 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8187942&urlhash=8187942 <div class="images-v2-count-0"></div>You put him down as a reference, you got your reference. I suspect you never bothered to ask him if he was willing to give you a good or at least neutral reference. PO1 Kevin Dougherty Sun, 19 Mar 2023 23:55:31 -0400 2023-03-19T23:55:31-04:00 Response by SFC James Corona made Mar 20 at 2023 1:10 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8188796&urlhash=8188796 <div class="images-v2-count-0"></div>Jag question or Civilian attorney. SFC James Corona Mon, 20 Mar 2023 13:10:09 -0400 2023-03-20T13:10:09-04:00 Response by CW4 Private RallyPoint Member made Mar 20 at 2023 5:50 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8189185&urlhash=8189185 <div class="images-v2-count-0"></div>The replies to this post are fascinating. Staggering stupidity. Listen kid, you “could” potential file an action against your command. But let’s be realistic- no one is going to do that (10,000 reasons why, but most importantly- no one will ever get paid). <br /><br />Given that- File an Artical 138 with the Legal section for your unit Brigade/Division for the HIPPA violation of the profile *IF* you can prove it. But that’s going to be hard to prove.<br /><br />The A15. You gave the reference kid. Geez. Do yourself a favor next time and don’t give a reference that doesn’t like you.<br /><br />Life lessons kid. Learn from it, move on, succeed in the civilian world. CW4 Private RallyPoint Member Mon, 20 Mar 2023 17:50:29 -0400 2023-03-20T17:50:29-04:00 Response by CPL David Rice made Mar 23 at 2023 3:13 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8194114&urlhash=8194114 <div class="images-v2-count-0"></div>As someone who has done pre-employment background checks for a law enforcement agency my thoughts are these 1) You likely signed a release for disclosure of any and all information. So you are allowing people to provide any and all requested by the background investigator 2). The best practice when doing background checks is to ask each provided reference for at least three names of persons who know the person. Frequently, the second or third level is asked for additional names. So each name provided by the subject leads to three to twelve interviews. 3). The fact you provided a name of a person who knew you for a few months would be a red flag any good background investigator would follow up on. 4). A profile while on active duty is 100% relevant to a background investigator. One do you have a long term injury what would disqualify you for police work? Did you properly disclose the reason for the profle during you medical screening? Were you untruthful to the military about the issue that led to the profle CPL David Rice Thu, 23 Mar 2023 15:13:56 -0400 2023-03-23T15:13:56-04:00 Response by PO1 Robert Ryan made Apr 20 at 2023 1:53 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8240404&urlhash=8240404 <div class="images-v2-count-0"></div>As the Command Master at arms aboard ship I was required to forward a disciplinary report each week to the Executive Officer, Legal Officer, and the Command Master Chief . The report included who had gone before the Mast, the punishments awarded. Each week as a sailor had finished his restriction or extra duties, the name was removed from the Disciplinary report. So if a sailor received 45 days restriction and 45 days extra duties, he would remain on the report each week showing how long he had left on his restriction or extra duties. Navy it was called Captain&#39;s Mast. Marines office hours, Army Article 15. I don&#39;t know what NJP was in the Air Force. I had a field grade Article 15 when I was in the Army (Unacceptable off duty behavior) I was give a 3 month suspension from E-5 t o E-4. Glad I got my act together. PO1 Robert Ryan Thu, 20 Apr 2023 13:53:47 -0400 2023-04-20T13:53:47-04:00 Response by SMSgt Bob W. made Apr 21 at 2023 11:44 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8242764&urlhash=8242764 <div class="images-v2-count-0"></div>The answer depends. Article 15s MAYBE under the Privacy Act; however, Court Martials are a matter of public record. Generally, the military branch will not disclose any information to a prospective employer except that you were in the military. REMEMBER: Know what your references are going to say before you use them as references. Th big question is did the negative comments sink the job? SMSgt Bob W. Fri, 21 Apr 2023 23:44:27 -0400 2023-04-21T23:44:27-04:00 Response by SFC Byron Perry made Apr 22 at 2023 9:01 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8243348&urlhash=8243348 <div class="images-v2-count-0"></div>Why would you put someone down as a reference that you have only known 2 or 3 months? Or someone that you aren&#39;t sure that will only say good things about you? SFC Byron Perry Sat, 22 Apr 2023 09:01:04 -0400 2023-04-22T09:01:04-04:00 Response by SGT Mark Moen made Apr 22 at 2023 11:14 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8243485&urlhash=8243485 <div class="images-v2-count-0"></div>If it is not from the record, it is hearsay and should be questioned by your would be employer.<br /><br />Article 15 is a discipline tool and for it to be effective, this use by the NCO in the moment lacks personal professional discipline on the part of this NCO. <br /><br />Your DD214 is the final determination of your overall service to the people, not the opinion of a unit&#39;s NCO. SGT Mark Moen Sat, 22 Apr 2023 11:14:00 -0400 2023-04-22T11:14:00-04:00 Response by SFC James Corona made Apr 22 at 2023 11:35 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8243503&urlhash=8243503 <div class="images-v2-count-0"></div>If I made past mistakes my <br />DD 214 honorable duscharge should serve as an employment reference. SFC James Corona Sat, 22 Apr 2023 11:35:04 -0400 2023-04-22T11:35:04-04:00 Response by LTC William Gilmore made Apr 22 at 2023 4:08 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8243824&urlhash=8243824 <div class="images-v2-count-0"></div>I see this post is about 8 months old. Just curious if you got the job. LTC William Gilmore Sat, 22 Apr 2023 16:08:09 -0400 2023-04-22T16:08:09-04:00 Response by MSgt Mason Manner made Apr 22 at 2023 11:42 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8244241&urlhash=8244241 <div class="images-v2-count-0"></div>HELMETS TO HARDHATS union apprenticeships tend to be forgiving that individual had a low opinion of you but you opened the door when you gave him as a reference MSgt Mason Manner Sat, 22 Apr 2023 23:42:35 -0400 2023-04-22T23:42:35-04:00 Response by SFC Terry Bryant made Apr 24 at 2023 10:32 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8246662&urlhash=8246662 <div class="images-v2-count-0"></div>Employers have always had a right to know an employers medical and criminal records. Put yourself in that employers shoes. If it was YOUR business would you not want to hire the best and brightest for job openings. I am not saying you are not of course but the employer has a right to make informed decisions about their employees or even potential employees. Your physical and or legal issues not withstanding. SFC Terry Bryant Mon, 24 Apr 2023 10:32:06 -0400 2023-04-24T10:32:06-04:00 Response by SPC Paul Vaneizenga made Apr 24 at 2023 11:19 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8246713&urlhash=8246713 <div class="images-v2-count-0"></div>Why would a civilian department be authorized to directly contact a military unit? SPC Paul Vaneizenga Mon, 24 Apr 2023 11:19:43 -0400 2023-04-24T11:19:43-04:00 Response by 1LT Kevin Bridges made Apr 25 at 2023 12:53 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8248684&urlhash=8248684 <div class="images-v2-count-0"></div>With friends like that, who needs enemies? What a blue falcon. Best to point this out to your battle buddies so they don&#39;t make the same mistake trusting that guy as you did. Don&#39;t sweat it too much though. Guys like that will remain miserable. Just focus on your next career and good luck! 1LT Kevin Bridges Tue, 25 Apr 2023 12:53:06 -0400 2023-04-25T12:53:06-04:00 Response by SPC Cathy Santos made Apr 25 at 2023 1:14 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8248708&urlhash=8248708 <div class="images-v2-count-0"></div>Did you get the job? You sought a position with a government and the background checks probably has nothing to do with the reference? There could be many reasons not to be hired in government. The fact that you&#39;re on &quot;terminal leave&quot; is a huge red flag. Why are you on &quot;terminal leave from the military&quot; and seeking employment in another level of government? I would see there are reasons to question the integrity of the application, not the fact that a referral is important or that there is a violation present; neither is a there a privacy act violation. You have no privacy in government employment. You clearly have some other issues that you need to evaluate as to why you were not hired - no one is under any authority to hire you - you just did not get the job. Look for another. SPC Cathy Santos Tue, 25 Apr 2023 13:14:30 -0400 2023-04-25T13:14:30-04:00 Response by SPC Cathy Santos made Apr 25 at 2023 1:19 PM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8248716&urlhash=8248716 <div class="images-v2-count-0"></div>The US Department of Defense is allowing too many recruits and military personnel to assume some entitlement and influence as a result of military service. Once you&#39;re a civilian, there are no obligations from the Department of Defense to support or even recognize your work. DOD Evaluations are usually written documents that when you&#39;re ETSed or ended service, your evaluations and DD214 will state the status of your service, awards, medals and other recognized accomplishments and there is a Discharge Code at the bottom of the DD214 Long Form - to request a referral from an individual is not even military or supported for commenting. You choose to make that connectivity at the risk of compromising the support you needed. There is no justification for the military or any personnel to provide a referral for you for a civilian job. SPC Cathy Santos Tue, 25 Apr 2023 13:19:58 -0400 2023-04-25T13:19:58-04:00 Response by SSG John Naquin made May 11 at 2023 12:41 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8275659&urlhash=8275659 <div class="images-v2-count-0"></div>So from a retired soldier&#39;s point of view here are a few things to ponder:<br />A. If you had doubt of reference they would be then do not put them down.<br />B. Article 15 company grade (come on man) a future employer half the time will not even know what that is.<br />C. You are out of military, nobody for you to call to complain about anything. It did not effect your rating code or qnything dealing with your dd-214. So just realize not to use him as reference in the future SSG John Naquin Thu, 11 May 2023 00:41:54 -0400 2023-05-11T00:41:54-04:00 Response by SGT Juan Robledo made May 28 at 2023 10:02 AM https://www.rallypoint.com/answers/ucmj-privacy-act-violations-inquiry?n=8301557&urlhash=8301557 <div class="images-v2-count-0"></div>If you were on PERMANENT PROFILE, why would you want to aggravate your self and health, but if was to fool your Command and NCO, then that wasn’t the right path, you wrote down the NCO that barely knew you and the other NCO that knew you for awhile was asked for his opinion of you and background, it wasn’t his place to LIE for you, I believe you opened yourself to scrutiny because you didn’t disclose it on your application, don’t know if that will affect you getting on with the Police Department, that Article 15 remains in your unit file, not sure if the Police Department will require a copy but good luck to you SGT Juan Robledo Sun, 28 May 2023 10:02:02 -0400 2023-05-28T10:02:02-04:00 2022-08-30T22:49:41-04:00