No, this is not double jeopardy. Corrective training is administrative in nature and not considered punishment. UCMJ actions are punitive in nature. So yes you can be recommended for UCMJ action for the same deficiency your current corrective training is meant to correct.
Let’s say you were disrespectful to an NCO and he required you to give a class on respect and recommended you for an Article 15. Depending on the circumstances this course of action could be appropriate.
There is a possibility a technical issue may exist, so if you are recommended for UCMJ I would encourage you to discuss your concerns with the JAG. It never hurts to ask.
Comments
SPC Ramos
I was currently on quarters do to having one of my molars pulled out. We are required to answer are phones at all times. Put i was drugged up on pain killers that were prescribed to be. I was pulled of quarters the same day because i was knocked out and was not able to answer my phone and now i am being punished for extra duty and possibly an ART-15. What can i do ?
SGT NICK
This would be more appropriate for open door policy to your company or battalion leadership; if they do not care I would file an official IG complaint. Make sure you keep your prescription paperwork as well as your quarter’s paperwork in case of UCMJ action. You need a copy of the negative counseling as well as your recall formation counseling; it should look like the one below. This recall counseling is imperative for them to try to pull UCMJ on you.
(Last Name/First Name) ___________________, this counseling is to inform you of the recall procedures the battalion has authorized in case a flight arrives before Tuesday September 20th, 2011. You, as well as every other soldier assigned to chalk two are on a one hour recall, starting today upon release and lasting till Tuesday when we leave. This means that you need to answer your phone during the four day break and be prepared to leave country one hour later. The Army does not have a definite day when we are suppose to leave, if a flight shows up early we will leave early. The one hour starts the first time someone calls your phone, not when you decide to answer or return the call. If you do not answer your phone, if no one is able to reach you, and you miss your flight you will be recommended for an Article 15 for disobeying a lawful order and for missing movement.
I had a soldier in the same predicament above, but it was my responsibility to go to the soldier’s room over the four day weekend to ensure they were in their room and for accountability since they slept through their phone rings.
SPC Ramos
Thanks alot
pfc james
I have a profile and it is pretty much a dead mans profile. the only thing i can do is walk at own pace and distance. My team leader is trying to give me corrective training and said that he can ignore my profile and that by doing this my health was in his hands. is this true? and if not what can i do to get this to stop?
Mark Gerecht
PFC James,
As a wise SSG once told me when I made SGT. If you want to be successful in the military know what the Army can and cannot do to you. Study the regulations!
Without special consideration from your commander No, you cannot be forced to violate your profile. See AR 40-501 chapter 7 for specifics on profile actions. I have provided an extract below for your review. Your commander may evaluate and make the determination about your duty assignment and what corrective training might be appropriate. If a leader orders you to violate your profile you have a duty and responsibility to notify the leader that the order violates the profile and could cause you physical harm. Any leader that forces you by order or intimidation to break your profile may be guilty of abuse of subordinate, violation of medical order, or other offenses under the UCMJ. Keep in mind if you are caught violating your medical profile you could be punished under the UCMJ. So by extension the leader is guilty of violating an order, causing harm or potential harm/abuse to a Soldier under their charge, among other things that can be punished under the UCMJ. In addition should the rating chain determine it to be appropriate they could make mention of this action in a negative manner on the leader’s evaluation report.
If your leader truly stated he could ignore your profile he may find himself in a very bad position. You might want to consider a few options in this type of situation:
1.If you are ordered to violate your profile immediately inform your leader that such action violates your provide. Present him a copy of your profile (this should be on your person at all times)
2.If the leader ignores the profile make a mental note of the individuals around you that can testify that you were ordered to violate your profile.
3.Ask the leader to give you the order in the presence of another Soldier preferably senior in rank to the leader giving the order.
4.If you have the opportunity request to see a senior leader Platoon Sergeant, Platoon Leader, Company Commander, 1SG.
5.If you are forced to comply with the order and are unable to seek assistance from a senior member of the chain of command consider making a memorandum for record that documents the date, time, specific order, individuals that were present when the order was given, and any damage that was done to you as a result of the violation, and any other specifics about the issue to include any medical attention you sought after being ordered to violate your profile.
6.Consider immediately reporting to the TMC or go on sick call and have your medical records documented. Inform the medical authority of the rank name, date with regard to the leader that ordered you to violate your profile and any other related comments he made. This matter needs to be document in your medical records in the event that permanent damage is caused and you might need to seek disability compensation upon separation or retirement. By seeking medical attention for this issue I am sure the medical authority will then contact your chain of command and seek immediate resolution or investigation of the matter.
7.You can also request a formal investigation into the matter by speaking with your commander.
8.You may also seek assistance from the IG and/or JAG.
You must carefully examine any action you decide to take based on your specific situation. Make sure that anything you say, do, or communicate is factual, professional, and unemotional. This will help to ensure the chain of command hears your accusations with an open mind. If you approach them in an unprofessional manner, are emotional, or less than honest it will hurt your case significantly.
Leaders that make such comments or take such action are most likely making emotional decisions or are immature and inexperienced leader. If you can get to a senior leader quickly this issue will most likely be crushed as senior leaders tend to be more experienced, understand the regulation, and are removed from the emotion of the issue. It is highly probable that the leader that stated he can ignore your profile also fails to understand the consequences for such a decision on your personal health and the possible impact on his career.
Now with all of this stated I would encourage you to seek resolution through your chain of command. Most leaders want to do what is right and will not tolerate abuse of subordinate or conduct that jeopardizes the health and safety of others. Solving problems at the lowest possible level typically is the correct action. Your situation maybe be different and you must determine how to proceed.
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Please see the extract below of AR 40-501
AR 40-501 EXTRACT FOLLOWS
7-3e
(2) It is the responsibility of the commander or personnel management officer to determine proper assignment and duty, based upon knowledge of the Soldier’s profile, assignment limitations, and the duties of their grade and MOS.
(3) The commander has the final decision on the deployment of Soldiers in his/her unit. When medical providers and commanders disagree on the medical readiness status of a Soldier, the decision will be raised to the first general officer in the Soldier’s chain of command, who will review both medical and commander recommendations and make the final decision whether to deploy the Soldier.
(4) Table 7–1 contains the physical profile functional capacity guide.
(5) See TB MED 287 for profiling Soldiers with pseudofolliculitis.
PARA 7-4
c. Temporary profiles. Soldiers receiving medical or surgical care or recovering from illness, injury, or surgery, will be managed with temporary physical profiles until they reach the point in their evaluation, recovery, or rehabilitation where the profiling officer determines that MRDP has been achieved but no longer than 12 months. A temporary profile is given if the condition is considered temporary, the correction or treatment of the condition is medically advisable, and correction usually will result in a higher physical capacity. Soldiers on active duty and RC Soldiers not on active duty with a temporary profile will be medically evaluated at least once every 3 months at which time the profile may be extended for a maximum of 6 months from the initial profile start date by the profiling officer.
(1) Temporary profiles exceeding 6 months duration, for the same medical condition, will be referred to a specialist (for that medical condition) for management and consideration for one of the following actions:
(a) Continuation of a temporary profile for a maximum of 12 months from the initial profile start date;
(b) Change the temporary profile to a permanent profile;
(c) Determination of whether the Soldier meets the medical retention standards of chapter 3 and, if not, referral to an MEB.
(2) The profiling officer must review previous profiles before making a decision to extend a temporary profile and refer the Soldier to a medical specialist for management if the temporary profile has been in effect for 6 months. Any extension of a temporary profile must be recorded on DA Form 3349, and if renewed, item 8 on the DA Form 3349 will contain the following statement: “This temporary profile is an extension of a temporary profile first issued on (date).”
(3) Temporary profiles will specify an expiration date. If no date is specified, the profile will automatically expire at the end of 30 days from issuance of the profile. In no case will Soldiers carry a temporary profile that has been extended for more than 12 months. If a profile is needed beyond the 12 months, the temporary profile will be changed to a permanent profile. Exceptions to the 12-month temporary physical profile restriction must be approved by the medical treatment facility (MTF) commander or their designated senior physician approval authority (often the deputy commander for clinical services).
PARA 7–12. Responsibility for personnel actions
a. Commanders and personnel officers are responsible for necessary personnel actions, including appropriate entries on personnel management records and the assignment of the individual to military duties commensurate with the individual’s physical profile and recorded assignment limitations.
b. If the Soldier’s commander believes the Soldier cannot perform within the limits of the permanent profile, the commander will request reconsideration of the profile by the profiling physician. Reconsideration must be accomplished by the profiling officer, who will either amend the profile or revalidate the profile as appropriate. Commanders may also request a review of temporary profiles
SGT NICK
You can tell your platoon/1SG or commander or take a copy of the profile to IG and tell them your story. I would give your leadership the opportunity to help first.
Preston
This article may be of interest to you, PFC James: http://asktop.net/q-and-a/who-can-stop-my-leader-from-abusing-me-and-ignoring-my-medical-profile/
SPC Nick
I was found to have alcohol in my room and received an Article 15, two days after the incident, for disobeying the order of my commander. 13 Days later during the article 15 process Trial Defense Services found my article to be invalid and declared it “Dead.” Two days after the article was declared dead my command issued me consoling statement ordering me to not drink alcohol. It is now almost a month after the incident 13 days after the consoling statement and 15 days after they declared it dead and I find out I am possibly being recommended to be enrolled into the Army Substance Abuse Program…. My question is could they impose the negative statement after my 15 was declared dead as some sorta of retaliation since they couldn’t charge me with the 15? And 2nd is there some sort of statue of limitations on how long they have to give out punishment?
Mark Gerecht
SPC Nick,
I engaged one of our SME’s on the legal side with regard to your issue.
1. Article 15 declared dead: I am not exactly sure what you mean by this as there is not term under the legal system for a “Dead” article 16 to my knowledge. Your Article 15 can be wholly set aside or the it can be found that the evidence dos not support the charge.
2. Counseling not to drink: Consumption of alcohol is a privilege and this privilege can be suspended or you can be given an order not to consume alcohol for various reasons for infractions. This is an administrative measure and not a punishment. Based on your situation there should be a standard established that will remove this order. It could be upon completion of a ASAP screening that states you are not depended upon alcohol or something of that nature. You can appeal to the commander to remove the suspension.
3. Recommended Enrollment in ASAP: AR 600-85 states:
a. (2) Unit commanders must intervene early and refer all Soldiers suspected of being alcohol and/or drug abusers to the ASAP. The unit commander should recommend enrollment based on the Soldier’s potential for continued military
service in terms of professional skills, behavior, and potential for advancement.
b. page 3: (7)Separation initiation authorities, in accordance with AR 635–200 and AR 600–8–24 retain their authority to make personnel decisions except that initiation of administrative separation is mandatory for all Soldiers identified as illegal drug abusers, for all Soldiers involved in two serious incidents of alcohol-related misconduct within 12 months and for all Soldiers involved in illegal trafficking, distribution, possession, use, or sale of illegal drugs.
This action is also administrative in nature. I would encourage you to read AR 600-85 in its entirety as it provides informative information that may assist you.
4. With regard to a time limit: There is a two year limit to punish any action under UCMJ. However the farther away from the 2 year limit the command goes the more it looks like retribution rather than justice but some cases may take time to process based on the specifics and the resources available.
As SGT Nick as indicated your actions have most likely gained the attention of your chain of command in a negative way. The action is to be a good Soldier and comply with the requirements to the best of your ability. Given the current draw down you should make sure you understand the consequences for any substandard performance and/or repercussion from a career perspective with regard to ASAP enrollment.
Hope this helps
TOP
SGT NICK
No statue of limitations, and the command referreal to ASAP is not a punishment. Your supervisor/commander is responsible for the heatlh and well being of soldiers under them, if you are underage then they are within their limits to send you to get help. Keep in mind ASAP is an evaluation, they will decide if your case warrants admission into the program or not, not your command; you will receive a certificate upon completing the program. The counseling about not drinking alcohol is an informative one and should not have included any corrective training. Keep in mind that your command has you in their cross hairs, if you are underage seriously consider avoiding alcholic beverages until you are of the legal age limit.
SPC Nick
SGT Nick, I was over the age we just aren’t allowed alcohol in the barracks….
SGT NICK
odd I only know of WTU units that have alcohol free barracks policy. If you are on medications you are not allowed to drink alcohol either, some Doc’s write that on profiles now. Either way yes alcohol in your room is disobeying a lawful order, your barracks should have signs posted all over them to ensure compliance. The counseling on not consuming alcohol stands if you are on prescription medications. Hope this helps.
Bob Smith
I was cited with a DUI while driving on a military installation for .068 BAC. It was dismissed in federal court.
Can my chain of command still pursue UCMJ action against me?
Can they give me corrective training or any other form of administrative action?
Doesn’t UCMJ fall under the federal court system and therefore would be double jeopardy?
Thank you
Mark Gerecht
Bob,
I apologize for the delay in responding but I wanted to check somethings out with one of our experts and I also got swamped by some other activities in the office.
Double Jeopardy
Depending on the specifics of what happened there could be a double jeopardy issue with regard to this situation. There could be a double jeopardy issue if the case was heard at Federal Magistrates Court. You need to seek assistance from your local JAG with regard to this issue immediately. If JAG will not see you because the command has not formally filed an Article 15 request (which is not uncommon)then you might want to consider seeking advice from an attorney off post with prior JAG experience. This consult will usually cost about $50-$150 but in my opinion the money is will worth it in most cases. If you have difficulty finding an attorney in your area shoot us an email at: Questions@asktop.net and we will see if we can link you up with individuals we have recommended in the past.
Corrective Training can they do it? Yes
Can they send me to ASAP? Yes
-These items are administrative in nature and do not constitute punishment.
AR 600-85 requires commanders to refer Soldiers to ASAP in certain alcohol related incidents. Consider reading AR 600-85 to make sure you have a firm grasp of the requirements.
Impact of the Draw Down
If you are a SGT or above other issues that may be on the horizon. This could be a negative comment on your evaluation report, the possibility of a relief action, letter of reprimand, etc. These are administrative in nature. In today’s Army with the draw-down on going these items can be career ending. So you might want to consider reading the following regulations in the event you have to prepare to appeal an evaluation report or QMP notification.
AR 623-3 goes through the evaluation report appeals process. You might also want to check out the Evaluator, for sale on GIPUBS.com it goes into specifics about preparing an appeal for NCOERs.
AR 601-280 with regard to QMP and AR 635-200 with regard to QMP and separations. I have an information paper on the QMP process but can’t figure out how to post it on this reply. If you would like a copy of it just email me at: Questions@asktop.net for your review.
These items may not be an issue in your case but I wanted to bring it up so that if it is a possibility you can prepare for it by being well versed in the process and be well prepared to defend yourself if necessary.
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TOP
Sgt rose, dewey
upon arriving to a new unit at fort benning on june 20 2012 i was informed that i would take a diagnostic apft to see where i was. i agreed with this and 2 days lateri took the apft and passed every event except situps. i failed the situp by one repetition. the following tuesday i showed up to work and my section sergeant was there. he told me i had to sign a counseling and i noticed he a flag initiation paper with my name on it. so i asked what it was for and the response was that i failed a record apft. i argued the point that i have not taken a record apft and i should not be receiving a counseling. he informed that the actual plt sergeant was back from training and he wanted it to count for record. i refused to sign the counseling and confronted him with the issue. he said he was briefed that it was a record apft(i already know that one of the nco’s is lieing). after the truth came out the plt sergeant agreed it was not right to count it for record and that paperwork was not brought up again.immediately after this we went to formation for regular pt and i was told i would do a record apft instead of regular pt. i disagreed with this due to fatigue in my legs from a long run the day before. during the apft briefing i asked for time to recover from the previous pt day and was told no. i argued that given what had happened that morning with the lie regarding the diagnostic apft that i didnt think i would get a fair assesment. the plt sergeant took that statement as a form of disrespect and wrote a counseling for me later that day for disrespect to an nco. after reviewing the counseling and writing my rebutle i signed it and gave it back to the plt sergeant.
it is apparant to me that the nco’s in this platoon did not want me to promote even though i had already made points the week prior. i am scheduled to get promoted on july 1st 2012. i have not received an initial counseling or been integrated into my platoon. i went to IG with the complaint and they called the unit. IG said i have nothing to worry about regarding my promotion. the question i have is, can they use the counseling that i rebutled against me to start an article 15 and possibly persue cancelation of my promotion or any other punishment. i have been in the military for almost 11 years and have not had a disiplinary action against me ever. in the seven days i’ve been with my unit i have been threatened with loss of promotable status 3 times, almost had a counseling and flag initiated based on a lie about a diagnostic apft and now a counseling statement for disrespect. thank you for reading.
Mark Gerecht
SGT Rose,
AR 350-1 clearly lays out the requirement for APFT testing. A “For Record” Test must be announced prior to taking the APFT. It is not uncommon for a unit to require new Soldiers to take a diagnostic APFT. Usually a Soldier is also given 30 days for accumulation to a new unit prior to testing. While this is not a hard and fast run it is rather typical and usually a local policy.
Now to the issue of disrespect. Yes, if the leader believes you were disrespectful he can initiate Article 15 proceedings against you. Understanding that there may be extenuating circumstances in this situation you still cannot be disrespectful. Even if your leaders are not correct you must remain: professional, unemotional, and factual otherwise you put yourself in a bad position and are likely to be recommended for punishment.
The goal in issues you like this is to take the moral high ground. Be an absolute professional. Try and solve the issue at the lowest possible level and work it up through the commander’s open door policy. Usually by the time you get to the 1SG/CDR level the issue will be resolved. If you are concerned consider preparing an memorandum for record that discusses your side of the story. Include times, dates, individuals involved, what was said, etc. Make sure it is well laid out, factual, and unemotional. This will provide a dated record of the issues involved if you need to refer to them in the future.
The next question becomes did your leader lie to you or is he an inexperienced leader that thought he was doing the right thing? If he is in fact not telling the truth odds are the issue will occur again in the future. Most likely the senior leaders of this unit will have also identified this trait in the leader as well. So you need to prepare yourself for the likelihood this could occur again in the future and determine how you will proceed in a professional manner. Remember becoming emotional or disrespectful put the leader in charge of your future. If you remain professional and think through the issue you are controlling your response and setting the example. Odds are most leaders will see the situation for what it is.
When it comes to counseling statement and you disagree with them make sure you develop a professional, factual, unemotional response and get a copy. Never argue or raise your voice.
Here are some items you might find useful:
Can a Leader Backdate a Counseling?
Should I Refuse to Sign a Counseling I Do Not Agree With?
What Do I Do When A Soldier Refuses To Sign?
What Does It Mean When A Soldier Disagrees?
How Do I Tell My Side of the Story?
Taking the Venom Out of Toxic Leadership
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TOP
SGT NICK
Your PCS orders had this in it: “You are responsible for reporting to your next duty station/school in satisfactory physical condition, able to pass the Army Physical Fitness Test (APFT) and meet weight standards.” That’s the magic bullet; it is suppose to be a record one once you show up. I have never PCS to another unit that did it the right way and ended up doing the way it happen to you, BUT you had 48 hrs, I had from ten o’clock the night before. You should be able to pass a PT test at any given time; you could have been flagged and lost your promotable status.
Yes your unit is right and IG is wrong, you must keep your head above water until the 1st, if not they can flag you and your promotion orders can be revoked. Keep in mind you are still just promotable until midnight June 30th.
This sounds like a BCT unit, maybe a line one they are tough on PT and respect, some units can recommend UCMJ for an Article 91 violation right off the bat. You have already made a bad first impression but since you will (hopefully) be promoted on the 1st the slot that you were suppose to be in should be open again. Does your unit have a MTOE with a 30 level slot for your MOS now since you will be a SSG? You can request to move if not, don’t let them over strength slot you.
You have to get back to basics, get back in shape, and stand at parade rest when talking to the Platoon Sergeant, roger SGT, yes and no SGT need to be the only words coming out of your mouth. This is the only way the situation won’t get worst. Instead of fighting them and looking for a way to burn them, just have a sit down with the platoon sergeant and talk things over. Maybe you’re not use to this kind of command climate and trust me there are a lot of them out there, you must learn to adapt to multiple command climates.
Anonymous
Ok I got one. I was counciled by my commander about the recent election. I was unaware that as a solider I am not permitted to publicly be for one side or the other. So I posted a campagn ad on fb. The cpt counciled me. It was my only slip up in my 4years active service. He stated that I was to remove the ad. I did. Then 30plus days later my 1st sgt calles me in with a counciling about the same thing this one reccomending art15. When I asked about the 1st counciling he said he was not “satisfyed with what our chain of command had given me” and ” I dug deep and hit the books hard to get you on this one” is this legal? Or is this a personal vendetta?
Eck
Your situation is a bit confusing. Your 1SG can only recommend an Article 15 and it has to be your Commander who gives an Article 15. So, if your commander already counseled you, it seems odd that the 1SG would recommend an Article 15 30 days later.
DOD Directive 1344.10 covers what military members can do as far as political activity. (Google it) The general rule is that if you are not representing yourself as a military member, you can voice your opinions. I would have to consult with my ethics attorney whether or not posting a campaign add on facebook violates the directive. I personally do not believe so, unless you presented it in some way that it could be inferred that you were supporting this candidate as a military member and not as a private citizen. Again, that is my opinion and not a legal interpretation.
Since you complied with the commanders directive to take down the add when initially counseled, I would not think the commander would pursue an Article 15 at this time. It seem awful minor to me.
If you are given a Company Grade or Field Grade Article 15 for this, you are entitled to consult with a Trial Defense Attorney (TDS) prior to the hearing phase of the Article 15. DO NOT waive that right and speak to an attorney. While I do not have all the facts in your case and I only have your side of the story, the case appears weak from the information I have.
If there was some one else in the room when the 1SG counseled you make sure you make the TDS attorney aware of that if you do receive an Article 15.
I hope you found this useful.
Eck
“The views presented by the author are his own and do not necessarily represent the views of the DoD or its Components.”
Disclaimer: 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.
SGT Hardy
I have a soldier that just got finished with a court marshal. He was punished through there for various offenses. Now my commander has failed to provide the “hard labor” that was set forth by the court marshal. It has been since OCT 2012, it is now Jan 2013. I just received word that they want to chapter this soldier out for the same offenses. Is that Double Jeopordy? The soldier has already lost all of his rank and has been waiting on the ‘Hard Labor”, he goes and signs in every night. He has talked to I.G. about his ‘hard labor’ and they informed him to keep signing in. The commander has recently allowed him to go on leave. To my understanding, if there is a break from doing extra duty that your extra duty is completed. I just mainly want to know if he needs to continue to do ‘hard labor’ now that he is back from leave and whether or not they can chapter him on the same offenses that he was already charged with in a Court Marshal.
Thanks,
SGT Hardy
Eck
Hi SGT Hardy,
There is a big difference between extra duty from an Article 15 and hard labor without confinement from a courts-martial. However, the same does apply, once started, it must be run in its entirely until completed.
See AR 27-10, paragraph 5-29g. Hard labor without confinement is an authorized courts-martial sentence (see RCMs 1003(b)(6) and 1301(d)(1)). Hard labor without confinement (like the punishment of restriction) is not served
until ordered executed in the convening authority’s action in accordance with UCMJ, Art. 57c. A convening authority’s approval of hard labor without confinement does not automatically reduce the convicted Soldier to the rank of private E–1 (see subpara e above, eliminating hard labor as triggering an automatic reduction under UCMJ, Art. 58a). Hard labor without confinement will—
(1) Be performed in a manner directed by the Soldier’s immediate commander. Such duties will normally be performed in public view and may not include duties that constitute a safety or health hazard to the convicted Soldier;
(2) Focus on punishment and may include duty to induce fatigue;
(3) Not excuse the Soldier from his regular duties. The immediate commander will determine the number of hours of hard labor the Soldier will perform in addition to his regular duties;
(4) Not include duties associated with maintaining good order and discipline, such as charge of quarters and guard duties;
(5) Run consecutively once ordered executed and served in its entirely unless the executed portions are remitted by the convening authority;
(6) Soldiers performing hard labor without confinement will be provided the opportunity to consume three meals daily, though meals may be provided by meals ready to eat, or similar substitutes. Upon completion of the duties
specified as the daily assignment of hard labor without confinement the Soldier should be permitted to take leave or liberty to which entitled.
You did not mention what type of Courts-Martial the Soldier faced. If a Summary Courts-Martial, the max hard labor that can be given is 45 days. Under a Special Courts-Martial, the max hard labor is 3 months.
Execution of the hard labor begins when the Convening Authority approves the sentencing. Normally, this is within 3 – 10 days after the court-martial. Depending on when the court-martial was concluded in October, even if he was sentenced to 3 months hard labor, he should be very close to the end of the period. I would suggest the Soldier speak to his Defense Attorney at TDS for help on this case. There are a number of variables that come into play, and his defense attorney will be best to assist him on the hard labor issue.
You refer to the Soldier signing in every night. Does the Soldier report to the Staff Duty and then leave or is he required to hang around for awhile? This would be a determination of accountability versus restriction.
Now, as far as the chapter issue. It is not double jeopardy. A courts-martial is legal/judicial action, where as a chapter is an administrative action. The Soldier can be chaptered based on the misconduct he was court-martialed for.
AR 635-200, Active Duty Enlisted Separations, specifically allows for separation of Soldiers who have been court-martialed but not given a punitive sentence.
Paragraph 14-2f, “Commanders will consider Soldiers meeting the criteria of section III of this chapter and convicted by courtmartial,
but not sentenced to a punitive discharge, for administrative separation under section III, when the underlying misconduct warrants separation.”
Section III of Chapter 14 is for acts or patterns of misconduct.
I hope this answered your questions and you found this information useful.
Eck
“The views presented by the author are his own and do not necessarily represent the views of the DoD or its Components.”
Disclaimer: 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.