Can a Soldier be sent on training rotation if they are pending UCMJ or chapter actions? | AskTOP.net - Leader Development for Army Professionals
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Can a Soldier be sent on training rotation if they are pending UCMJ or chapter actions?

Can a Soldier be sent on a training rotation like NTC if they came up hot and will be chaptered?

Short Answer:  Absolutely

I will address the UCMJ first:  When a Soldier is pending UCMJ action, that Soldier is still required to follow all orders and duties, to include any deployments, whether it be to NTC or another country. The Soldier will be afforded the right to speak with a TDS attorney before the hearing phase of an Article 15 is carried out. (This does not apply to a summarized Article 15.  However, I have never seen a Summarized Article 15 given for a drug hot.) Any punishment resulting from Article 15 proceedings can be carried out during the deployment or training exercise. However, once punishment is started it must be continuous. IAW AR 27-10, para 3-19b(8):

“…Once commenced, deprivation of liberty punishments will run continuously, except where temporarily interrupted due to the fault of the Soldier, or the Soldier is physically incapacitated, or an appeal is not acted on as prescribed in paragraph 3–21b.”

For example, 45 days extra duty and/or restriction is started on the day of imposition. 10 days later the unit is scheduled to travel to NTC and it takes three days, the command cannot suspend the extra duty during the travel period, then still say the Soldier has 35 days extra duty/restriction remaining once arriving at NTC. Whether the Soldier performed extra duty during the travel time or not, the Soldier must be given credit for those 3 days of travel. The only way punishment may be suspended and resumed later is if it is the fault of the Soldier, i.e. Soldier is given emergency leave or goes AWOL, or the Soldier is incapacitated, i.e. in the hospital, on quarters or confined in jail.

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posted on 09/17/2012 under Q&A
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Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”

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