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Does derogatory info (Article 15, LOR) follow to Coast Guard from DoD?

Washington, DC |
Filed under: Military law

-Does anyone know if the Coast Guard Reserve would also require information on an Article 15, given that it is an Agency of DHS vice Defense? -Would joining the Public Health Service also allow me to continue "Uniformed Service" without having to pay a deposit (as with Federal Govt jobs) to "buy back" my time? -How long does an Article 15 stay in your military record (or, perhaps more accurately, follow you around) for purposes of guard/reserve, sister service duty?

Attorney Answers 3

Posted

The Art. 15 stays in the record unless ordered removed by a Board for Correction of Military Records.
It is my understanding that in applying for the USPHS they would want to know about prior disciplinary actions, such as an Art. 15. It would potentially impact the "suitability" requirement for acceptance.
Which security-related situations or circumstances could potentially be disqualifying for active duty commissioning?

Military Discharges: Other than Honorable (Includes a character review and further assessment of separation and reenlistment codes).
Military disciplinary proceedings/court martial.
Employment: Fired, quit, or left under unfavorable circumstances.
Financial: Delinquent on any debt. [Foreclosures, Federal and State tax liens, unpaid child support, student loans (does not include forbearance or deferment), bankruptcy require court documentation; all other accounts must be up to date].
Recent illegal drug use; possession or distribution charges/convictions.
Alcohol related charges/convictions.
Violence/domestic violence charges/convictions.
Felony criminal charges/convictions.
Civil court actions.
Pending criminal charges/convictions.

Don't know about the buy back question.
What effect it would have with a USPHS application would depend on what the 15 was for and how long ago it is alleged to have happened.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Asker

Posted

Thanks for the quick response. It was for "failing" to pay my Govt Travel Card on time. Punishment was to pay or receive suspension of 2 months pay. Punishment was satisfied after I paid. Art 15 was put on record Jan 2011.

Philip Douglas Cave

Philip Douglas Cave

Posted

OK. Hard to tell what effect that would have. One of the considerations for USPHS will be financial responsibility. So should that become an issue you should be prepared to show that perhaps the failure was not completely due to fault on your part, you have a very good credit rating and no other debt issues. Rehabilitative steps taken might also be a consideration. So, I'm not sure it's an automatic disqualification (it's not sex, alcohol, or drugs for example). Apply, and be prepared to present a good case for it being way in the past and due to other actions you've learned a lesson and can be a reliable employee.

Asker

Posted

Would the fact that I was granted a TS/SCI security clearance since then weigh in my favor?

Philip Douglas Cave

Philip Douglas Cave

Posted

Yes, it may. Certainly the background checks to get that level of clearance and access should serve to overcome any prior issues.

Posted

I agree with Mr. Cave, but am not 100% sure I understand your question. I would be happy to discuss with you by phone next week for a free consultation.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Philip Douglas Cave

Philip Douglas Cave

Posted

Give Bill a call. I'm out of town next week and he's more available.

Posted

Once an Article 15 is recorded in your permanent personnel file, it is presumed to be administratively and substantively correct. Thereafter, the burden of proof rests with you to provide evidence of a clear and convincing nature that the Article 15 was either unwarranted, unfounded, or unjust, in whole or in part, thereby warranting removal. I can help you file an appeal to have the Article 15 removed from your record. Feel free to give me a call to discuss further- initial consultation is always free. Good luck.

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