Is a LOR for Article 86 Failure to go titled as a crime in NCIC/SFMIS/AFJIS? Have I technically returned to military control?
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.
1 attorney answer
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/