Legal Question in Military Law in Virginia

former commissioned officer and U.C.M.J. offense

If a commissioned officer in the National Guard commits an offense against the Uniform Code of Military Justice and gets out (not retire) of the military fearing their command finding out, but still maintains privileges of an ID, etc� Can they be brought back to be held accountable? Can the officer lose any of their privileges?


Asked on 1/27/06, 10:47 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: former commissioned officer and U.C.M.J. offense

It depends on the seriousness of the offense;

The current status of the guardsman;

Where the offense occurred, and under what conditions; and most importantly, the incentives the command has to investigate further.

If you are considering a resignation about this, you probably ought to talk to a JAG officer or experienced military litigator and provide full disclosure of all facts so that they could assist you with advice tailored to your situation.

Good luck,

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Answered on 1/30/06, 10:14 am
Philip D. Cave Military Law & Justice

Re: former commissioned officer and U.C.M.J. offense

NG issues can be complex.

If there is a resignation, then they would not likely be able to take action. Although it would seem the resignation would sever the ID, etc. It also matters if the misconduct occurs during a period of active duty. It could be an issue if the person is a Technician. It could be an issue if the person is AGR. There is always the issue of administrative actions.

Sincerely, www.court-martial.com

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Answered on 1/28/06, 7:37 am


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