Not sure you may not have already given up your first line.
When notified of the separation proceedings you should have been told the type of discharge sought and the opportunity to talk with a lawyer. If they were seeking an OTH, then you should have been told about - and exercised -- your right to a discharge board. If it was a General or Honorable discharge, then your only right was to submit a written rebuttal.
Your next step is the Navy Discharge Review Board (with about a 12-15%...
You are going to have problems with your clearance regardless of any expungement, deferred judgment or anything similar..
Also, you are going to have problems with being retained in the Army regardless of any action to drop the charges.
Also, if your command does not know about this because you haven't told them you could also be in trouble for an orders violation once they find out.
You would have to petition the board for correction of records for removal. There are time limits (three years) that apply, but there can be arguments for waiving the time limit.
Also, on the clearance, if you were denied a clearance you should take the opportunity to appeal and have a hearing with a DOHA judge.
An article 15 is NOT a conviction. However, on the SF86 you are required to disclose it if within the relevant time frame.
You also may want to consider looking at CID records if...
He is barred from suing the military based on the Feres Doctrine.
He needs to be talking to a Patient Advocate at the hospital, filing an IG complaint, and communicating with his Congressional delegation.
The courts generally take a lot of factors into account when it comes to sentencing. Also, the prosecutor might be persuaded in terms of how she approaches the case. These are matters that I'm sure your attorney will explore.
The prosecutor will have access to your driving record and your records, and so it's possible the prosecutor will find this information.
Normally, the Army waits until the civilian court has finished before taking a decision on whether to retain you on active duty or...
I asked that very question in 1978, and I was married to an American.
Was told there was nothing. There was not the enlistment option then, described a little by Mr. Green.
I think there is a little something to be said for some enlisted time making for a better officer.
Officership takes time, experience, and guidance to have.
Once charges are preferred you will get an appointment with TDS on post. They will discuss with you a Chapter 10 in lieu of trial by court-martial.
That written request is forwarded by your commander to the general officer/general court-martial convening authority for your post, who will approve/deny.
If approved then you will be separated with an OTH.
Whether or not it is approved will depend on several factors: length of absence, surrendered or arrested, quality of service before the...
Under current rules it is mandatory for him to be processed for separation based on drug abuse.
However, the separation authority can decide to give him one last chance and remain. That's going to be hard to do in today's environment. The Army is down-sizing, that means they are taking every opportunity to kick people out.
He should speak to the defense lawyers at TDS about this ASAP.
See Mr. Rafter's response.
I would add, that should the Army agree to allow you to transfer to the Reserves then your separation from active duty would be on good terms agreed to by the Army. Therefore you should receive an honorable discharge.
Less than honorable discharges are usually issued when the person is being separated for misconduct or unsatisfactory performance.
There are some provisions which allow for early release. You might want to talk to a medical officer recruiter for...
Many 120's are felonies. There is nothing technical about that. But it does depend on the state law.
To determine if a military conviction is a felony you must look to both federal and state law where the person is located. It is true that the military does not classify crimes and convictions as misdemeanor or felony (despite the erroneous talk in that funniest of funny movies, "A Few Good Men."
If the person is a registered sex offender, then the military follows the same or similar rules.