Can a soldier be separated from the army for a incident that has was handled by a civilian court resulting in an acquittal

The Soldier needs to go see the Army Trial Defense Services [TDS = Defense Counsel] with all of civilian and Chapter paperwork ASAP.

There are too many variables to give you an honest and valid answer here.

Possibly. The soldier should seek counsel with TDS or a private attorney.

As a former active duty JAG, with experience as the OIC of administrative law (including involuntary separation), and current Reservist in private practice, you should certainly utilize your legal assistance (free JAG consult) benefits to discuss the situation in an 'attorney-client' situation. In the alternative, you should consult with a civilian attorney with military (JAG) experience.

The fact that the civilian case resulted in an acquittal will weigh on your side. However, the Army can consider the particular facts of the 'alleged' crime, as well as your past duty service record (disciplinary history, Letters of Reprimand, Article 15) when making a decision on how to proceed with your case.

Your question involves two different sections of the administrative separation regulations. 14-12(c) is separation action based upon commission of a serious offense. The key word here is 'commission' - it doesn't say convicted, which allows the Army to consider the facts of the situation, regardless of whether or not a conviction resulted from the case or not. The other key language is 'if the specific circumstances of the offense warrant separation.' This means it is a case by case analysis.

You can certainly defend against an administrative separation action under 14-12(c). This is why you should seek out an attorney. The commander will have some discretion to determine whether this 'offense' rises to the level necessary to involuntarly separate under 14-12(c). Plus, you may be entitled to a formal board hearing on the matter.

The other part of the regulation referenced is 1-17(b)(1) - where it discusses the effect of an acquittal. Under the regulation, HQ would still have the authority to proceed for administrative separation when a civilian court proceeding resulted in an acquittal. It elevates the decision making to a very high level.

I would anticipate that a full acquittal of all charges may fall under 1-17(b)(1), preventing an administrative separation based on this one incident. A full review of your case history, court documents, and prior military disciplinary history would be necessary to make an informed legal opinion. Some other factors may allow for the Army to push for a pattern of misconduct discharge under 14-12 a/b.

Should any action, whether through administrative actions - such as LOR, Art 15 - be initiated based upon this civilian case or if an administrative discharge proceeding is started, please seek out counsel to help you with the situation.

If you have any further questions, please let me know.

Good Luck.
Michael

DISCLAIMER: This message should not be construed as creating an attorney-client relationship or substitute for the advice of retained counsel or military-provided counsel. This answer is intended only as general guidance based upon the limited facts provided in the question and the answer may change if the facts listed changed.