Posted on Jan 24, 2014

What does Double Jeopardy mean from the military standpoint? Example ALARACT Msg 147

SFC A.M. Drake

9.95K

8

9

1

0

States that if you are a Drill Sergeant, Recruiter, or AIT Instructor. (All positions of trust) We will do a through background investigation on you and if we find something (normally 5 yrs or newer) then we will take the necessary steps to remove you from said position of trust, or from the service as deemed warranted.
What if you had a charge say before you got into the service and now you are in a position of trust. Am I to be charged again for the same crime that was adjudicated to get me into the service? Your thoughts? (Pls Read ALARACT MSG 147 first before responding)

Posted in these groups: United states army logo

Army

Recruiting Dod color

DoD

Edited 11 y ago

Posted 11 y ago

Follow this discussion

Responses: 5

2

0

CW2 Joseph Evans

Posted 11 y ago

ALARACT 147 refers to an administrative action, to which double jeopardy does not apply. Although the results create similar feelings among those affected.

For example, a Commander today, may, with Officers, initiate an investigation to determine if an action requires a General Officer Letter (Memorandum) of Reprimand (usual intent is for the Officer to fall on his sword and admit he made a mistake to lessen the impact). This is an administrative action. Legal then takes this admission of guilt (confession) and uses it as a basis for a Court Martial Proceeding, which is a legal matter.

(2)

Comment

(0)

SFC A.M. Drake

11 y

Chief Evans,

Lets say I had a DUI in 2009 before I came into the Army, it got adjudicated and I was granted a waiver and it was approved. Now I'm in one of the special trust positions 5yrs later, now ALARACT 147 does apply to me. Now one or two things is going to happen. I get removed from said position and now I'm unable to re-enlist or If I became an officer during that period, then I possibly can get a GOMOR for said infraction and now I cannot continue my service. So how is that not being accused twice for the same crime? But overall I like your answer.

(0)

Reply

(0)

CW2 Joseph Evans

11 y

Those should have been considerations before you were selected. Still, a DUI constitutes a type II offense and as long as the balance of your record shows that you have since moved past and shown excellent judgment, it would/should not impact your career in a position of trust.

The type I offenses are merely an extension of policies designed to deal with SHARP and ASAP, both programs that involvement in would have led to separation as part of the drawdown anyway. The Army recently instituted a policy regarding Sex offenders in uniform to which this is only a follow up.

As for removal from the position, it is not asking for a bar to re-enlistment or even an administrative release from service, simply a change in assignment. You can bow out of the 79R position, accept a good NCOER on the way out the door and return to your old MOS or re-class depending on the needs of the service. ALARACT 147-2013 is not a career-ender as long as your career was not ended by another policy already.

(1)

Reply

(0)

1

0

SSG (Join to see)

Posted 11 y ago

My interpretation on this is more of a way to restrict
career advancement for some there by thinning out the people that will be
retained in the Army in the long run. I am sure that if you are removed from a
position or denied one you’re probably going to be denied or looked over for
promotion to SFC or MSG. I saw there was a waiver approval for some of these
jobs but there is no telling how likely you are to get that waiver. Also if you’re going to start this new policy
it shouldn’t be limited to those specific jobs, why not any major leadership
position like 1SG and higher. Start from the top and work your way down. If you
don’t than it seems to be that you’re making harder rules after they no longer
apply to you. I do know the army is getting more selective and needs to retain
smart and capable soldiers to maintain a strong army so hopefully the right
choices are made to get to that outcome.

(1)

Comment

(0)

SFC A.M. Drake

11 y

SGT(P) Daimwood,

Good response, one note of record ALARACT 147 does include all ranks in those positions of trust, even if they have moved up but still working in those areas.

(0)

Reply

(0)

1

0

CSM Mike Maynard

Posted 11 y ago

SFC Drake, in your example, your previous crime wasn't considered, so, nope, not double jeopardy. The ALARACT is just saying, we are now going to consider those things that we never considered before.

Five yrs ago, a Sexual Harassment might have been punished, but wouldn't have kept you out of "Positions of Trust" - now they do. It's a case of Composite Risk Management.

(1)

Comment

(0)

Show More Comments

What does Double Jeopardy mean from the military standpoint? Example ALARACT Msg 147

Join nearly 2 million former and current members of the US military, just like you.