This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
No mention can be made of unproven information. Meaning if the Article 15 is not complete or the court marital is not complete you cannot mention it. An annual evaluation report would still be processed as normal.
If the Soldier is convicted or found guilty of derogatory behavior it will be mentioned on their next evaluation report.
See AR 623-3 paragraph 3–20. Which states: Unproven derogatory information Any mention of unproven derogatory information in an evaluation report can become an appealable matter if the derogatory information is shown to be unfounded. a. No reference will be made to an incomplete investigation (formal or informal) concerning a Soldier. b. References will be made only to actions or investigations that have been processed to completion, adjudicated, and had final action taken before submitting an evaluation report to HQDA. For example, rating officials are not prohibited from commenting on a court-martial (judicial) if completed, but the comments should focus on the behavior that led to the court-martial rather than the court-martial itself. If the rated Soldier is acquitted at a court-martial, or found not guilty at a nonjudicial punishment proceeding under UCMJ, Art. 15, comments about the underlying incident will not be included in the evaluation, subject to the following exception: rating officials will ensure that evaluations document any substantiated findings in a finalized Army or DOD investigation or inquiry that a rated Soldier committed an act of sexual harassment or sexual assault, failed to report a sexual harassment or sexual assault, failed to respond to a report of sexual harassment or sexual assault, or retaliated against a person making such a report.
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