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Can a previous infraction in another unit be used against a Soldier for separation or chapter purposes?

If a Soldier commits a offense while in another unit and moves on to permanent party status in another unit (division), commits a infraction can the infraction from the previous unit be used against the Soldier to establish a pattern of misconduct?

Discussion

As long as the infraction was during the current enlistment period, then it can be used to substantiate a pattern of misconduct. In rare circumstances misconduct from a previous enlistment or period of service may be used to substantiate a separation if the Command was not aware of the misconduct, but special rules apply.

In this case, it appears the previous misconduct from TRADOC can be used to establish a pattern, but it also depends how far apart in time, the number, and the severity of each infraction is. If they are reaching back to TRADOC to establish a pattern, then they might be reaching. However, the information can always be listed in the “other misconduct” paragraph of the separation notice to substantiate character of service.

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posted on 04/27/2018 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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