Military Consequences/Actions for Incident Off-Post
Savannah attorney and retired JAG officer Doug Andrews has prepared this list of common actions that the military may inflict on the soldier (and probably the airman, sailor and marine). This list may not be all inclusive, and not all actions will be taken in every case, but the consequences can be enormous and continuing. However, it shows the options available to the commander and what may result, separate and apart from the civilian disposition.
Immediate Suspension of all Favorable Personnel Actions (”Flagged”):No promotionsNo leave or passes allowedNo transfer/reassignment by Permanent Change of StationNo Temporary Duty assignmentNo selection to attend military schools
Relief for Cause from Duty Position with adverse Efficiency Report filed for record.
Suspension or Termination of Security Clearance, which bars access to sensitive equipment and information, prevents performance of classified military duties, and causes transfer or elimination from service.
Bar to Re-Enlistment imposed, forcing discharge at end of enlistment, ending career.
General Officer Memorandum of Reprimand filed in permanent record.
Mandatory/Command referral to ADAPC/ASAP (Alcohol or Substance Abuse Proram).
Initiation of Reduction Board (to reduce in rank an enlisted person) for “inefficiency” or inability to perform at more senior rank.
Mandatory Separation if reduction causes “Retention Control Point” to be exceeded, which sets limits on length of service allowed for each rank. (For example, E-4/Corporal limited to 9 yrs service, E-5/SGT = 13 years maximum and short of retirement eligibility).
Administrative Elimination/Discharge Action, with likelihood of stigmatizing Less than Honorable Discharge, which denies veteran’s benefits, including Educational Assistance (G.I. Bill)
Quality Management Program review initiates discharge as “less qualified” for retention.
Upon Discharge, likely to be stigmatized with Re-Enlistment Code of RE-3 or RE-4, which prevents re-entry into military service (even in the Reserve Forces), despite a successful rehabilitation period, effectively preventing later qualification for retirement eligibilitybased on years of accrued servicePunitive action under the Uniform Code of Military Justice (10 U.S. Code 801 et seq.)Article 15 (Non-Judicial Punishment action) imposed by Commanding Officer, which may include reduction in rank, forfeitures of pay, restrictions on liberty, and extra (fatigue-type) duty.Court-Martial, which may impose confinement, forfeitures, reduction in rank, and either a Bad Conduct Discharge or Dishonorable Discharge, both of which are stigmatizing and disqualifying for military and veterans benefits.