Legal Question in Military Law in Ohio

disclosure of civilian charges

Are active duty personnel required to disclose civilian charges (neg driving, dui, etc) being brought against them to their chain of command?

Asked on 8/20/07, 1:44 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: disclosure of civilian charges

If the soldier has a security clearance that might be affected, the answer is yes. If there are criminal charges filed the soldier should report that to his chain of command. It is far better for the commander to hear about this from you than from the MPs who are escorting a civilian police officer onto the post for purposes of effecting your arrest.

Charges are not convictions; no permanent disciplinary action can be taken against you on the basis of mere charges. However, if you are convicted and sentenced to anything that requires significant jail time, you could be looking at a discharge under other than honorable conditions.

Before you disclose this information to your command, go see a JAG officer for help, advice and assistance.

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Answered on 8/20/07, 2:38 pm

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