I was late on three separate occasions by 1-1.5 hours each. I received an LOR that says explicitly "You Violated Article 86, UCMJ, Element 1- Failure to go to appointed place of duty (Lists elements 1-3)...Further misconduct may result in more severe action." I was told to return to the shop as fast as I could by a NCO. A CAAF case ruled that you must explicitly stated that you intend to return to military control. I'm wondering if I never returned to military control and terminated the absence, despite going back as instructed.
I have read about people being titled in databases even though they were not tried or convicted. Is this likely in this case? Is this an arrest in that it's an order to remain in specified limits? And is article 86 a felony or misdemeanor? Assuming you were not court martialed but admitted to it? I was not discharged.
Based on the circumstances you relate I highly doubt that you have been titled. Titling occurs when military law enforcement present your case to a JAG and the JAG opines that there is probable cause to believe you have committed the offense. It is almost always preceded by a trip to law enforcement that includes being photographed and fingerprinted.
A series of FTRs could lead to an admin separation but they must typically give you a counseling that includes specific language. There really are no courts-martial for showing up late to work.
I'm not sure the elements of the FTR at really at issue unless you are AWOL and I'm misunderstanding your post.
Mr. Stanfield is a military trial lawyer that represents Servicemembers around the world. All responses provided are for informational purposes only and are not personal legal advice and do not create an attorney-client relationship. Additional information is available on his website at https://rklawoffice.com/
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