Can the Army take away rank if i was arrested two time in six months but all charges where dropped???

Question

I was arrested on Dec 31 and June2. Again all the charges where dropped.

I am a SGT in the Army well i guess ill be a SPC now... Is there anyway to get out of it???

Ok first time was for beating three police offices up but they where in civilian clothes and tried to take me down but i blacked out and just did what i know how to do protect myself i just back from Iraq, the second time i got arrested was for reckless driving because i passed someone up in a no passing lane it is crazy now everyone knows even the generals of Southcom

Answer 1

The only answer on here that made a lick of sense was the one that said if you're an E-7 and above, it takes a court marshall for you to lose stripes.

That being said...I am guessing because you don't already know the answer to this question, you are probably in the E-1 through E-4 range of rank, as military justice is a topic covered during NCOES.

That being the case, yes, your company commander has a LOT of discretion on what your rank is, and can give you an administrative reduction fairly easily.

You don't really say whether or not you are innocent or not, and that really does not matter at this point.

If I were a company commander (which I am!!!), I would much rather hear about the situation from my Soldier than from the authorities. I would recommend using your chain of command to make an appointment with your commander taking advantage of his/her "Open Door Policy", and explain the situation to him/her. Bring your first line leader with you. If it truly was a misunderstanding and the charges were dropped, explain to him why, and also explain to him why this occurance is not affecting your duty performance.

Personally, if it were my Soldier, I would not reduce him unless for some reason it can be documented that he brought discredit upon the unit or upon the Army in general...If the civil authorities are okay with dropping the charges, then I see no reason to continue to push toward punishment.

Also, if you're an E-5 or E-6, your BN Commander has to get involved in the reduction process, which is a mixed bag. They're typically more unforgiving than the Company level commanders, but at the same time, your company commander may not want to get the BN involved, thus handle it at the lowest level.

Answer 2

You can if you have proof that your civil rights were violated. For instance, if there was no probable cause for the initial arrest, or all the evidence was obtained illegally, or other official misconduct. Just the fact that charges were dropped is not sufficient information to determine why, so you should discuss this with an attorney in your jurisdiction. Edit: Know of a case where person sued after being arrested and held for A WEEKEND, having been charged with a crime that does not exist. Was injured in jail. Lost his case.

Answer 3

Yes, they can.

If arrested and charged by civilian authorities, the military can not charge you for the same offense. For example, if you get a DWI from the civilians, the military can charge you under lots of Article 134 violations, or if you happen to be an NCO, that could be conduct unbecoming an NCO.

You dont mention your rank, if you are not a SNCO...your commander can take your stripes via NJP.

Also, if you were arrested by civilians and not charged the military can charge you for the same offense and get you that way too.

Ive seen this happen alot, just because you beat the civilian arrest the military can still get you.

good luck

Answer 4

Yes, they certainly can. You should know this as an E5. I guess you'll have a shot of knowing it as an E4 studying for the E5 board!

I know things can be different coming back but you've gotta get yourself (and reactions) under control. Learn where you need to drive counter-flow (Baghdad) and where you need to avoid that (US). Remember, cops have a job very similiar to our own. They never know what the intentions of the guy they are approaching are.

On the other hand, we do have criminals on this side of the pond and if you beat the **** out of a thief, I'd put you in for an AAM or something (if i could that is). You 91 series? Apply those skills when you chance upon it!

It can be difficult, but you can learn to use your heightened awareness and abilities in a positive way. They aren't bad things. Take your licks, learn from them and drive on soldier!

Answer 5

Sound's like you have a problem. You cant keep your nose clean. I don't think it will be to long before you'll get popped again. One arrest every six month's is not a good track record. You should have stated what you were charged with. The Army dont play around with this stuff. I cant answer your question without knowing the full story.

Answer 6

The pulling of rank isn't dependent on whether you're currently being charged for something; the acts in and of themselves are enough to warrant a demotion. I knew folks in my old unit who got in all different kinds of trouble, were demoted, and never saw "jail time" or had charges pressed. The UCMJ points out what punishments can be exacted for what offenses, regardless of civilian-side judiciary punishment. I'd recommend talking to the JAG office if you have specific questions about what you can or can't do about it.

Answer 7

This is bizarre. Were you in uniform when whatever-this-is happened? How would your CO even find out about this?

If you are an E-7 or higher, an Article 15 can't take away your stripes. (They have to court martial you to do that.)

It matters, too, if the complaining witness has a connection to the service. Really, more facts are needed.

Answer 8

How pissed is your chain of command? Your commander signs the final A-15. Yes they can take rank or money or make you work extra duty for a year or what ever they want... If you violated UCMJ they may even discharge you. Being arrested is serious buisness even if the charges were dropped... I hope your not an NCO because your not setting a very good example.

Answer 9

Yes.

Even if the CIVILIAN charges were dropped, the MILITARY can still nail you under the UCMJ. For example, Conduct Unbecoming an NCO. The civilians may not care what you did but the military does. The Civilians may not charge you for adultery, but the military can.

Answer 10

Why did the officers try to take you down?

First, thank you for serving.

Second, if you're having problems such as PTSD from serving, please get help. Not only can the help prevent this type of stuff from happening again, it will show your command that you are taking care of business.

Third, yes they probably can take rank even if charges were dropped. Hopefully you won't get more than extra duty.

Please think about it - and take care - people do care about y'all.