court martials for army reserve officers

[steve119]

What is the name of your state? SD

Are army reserve officers frequently prosecuted by court martial for relatively minor crimes - e.g. fraudulent enlistment for lying on security clearance or medical entrance forms?

Thanks.

[SHORTY LONG]

Normally Reserve Officers can also be court martialed, but it is a matter
that is usually left up to their Command! Anyone falsifying Government
Information while in the Military active or reserve is subject under the UCMJ
for either an Article 15, or a court martial!

[steve119]

I hear you. But my question is regarding the frequency with which such actions are pursued.

My limited understanding (I'm not military nor an attorney) is that it somewhat more difficult logistically (for a variety of reasons) to court martial reservists when they are not actually on active duty, and that officers (reverve or active duty) in general are not court martialed as frequently as enlisted personel.

Any Opinions?

[SHORTY LONG]

Originally Posted by steve119

I hear you. But my question is regarding the frequency with which such actions are pursued.

My limited understanding (I'm not military nor an attorney) is that it somewhat more difficult logistically (for a variety of reasons) to court martial reservists when they are not actually on active duty, and that officers (reverve or active duty) in general are not court martialed as frequently as enlisted personel.

Any Opinions?

If i was a genie with some sort of magical lamp to
look into and ask, then, i would try & answer your
"frequency" or occurrences of such matters. Try a
FOIA on the subject; or contact the Senate for the
Armed Forces and ask them!

[steve119]

I was looking for the opinion of someone experienced in practicing military law on a public forum. Isnt that the point of the forum?

Having failed that, I will call the people you suggest for information - I'm sure that they will promptly answer all of my questions with a simple phone call or letter. Seriously - why post if you have nothing to add?

[badapple40]

Are army reserve officers frequently prosecuted by court martial for relatively minor crimes - e.g. fraudulent enlistment for lying on security clearance or medical entrance forms?


Couple points, first, the Army does not view fraudulent enlistment OR lying on security clearance forms "minor crimes."

Second, there are jurisdictional issues with reserve officers. I cannot give you any idea about the liklihood of prosecution, without knowing the specifics of where the crime occurred, whether, post-crime, there was a period of active duty, e.g. did you lie on the forms, then report to A.D. for training? If so, they can re-establish CM jurisdiction.

In the end, it is a command decision, and what the convening authority chooses to do depends on the convening authority and his or her Staff Judge Advocate.

If you were an officer/reservist attached to the wing I am the SJA for, I would recommend to the convening authority to call you back to active duty for purposes of a general court martial if I could establish jurisdiction over you (depending on the facts).

--badapple, COL, USAFR, JA.

[steve119]

Badapple- Thanks for the response.

Agreed, the army takes every crime seriously. I meant fraudulent enlistment as a minor crime relative to possession or distribution of narcotics, rape, theft, assault, or murder - crimes that frequently are seen in general court martial proceedings.

If I understand the numbers correctly, the army only conducts about 700 general courts martial per year (about 1300 per year if you include summary and special courts martial). Given that there are half a million serving in the active duty army alone, my guess was that there must be a decision made not to pursue many cases that technically qualify for a court martial under UCMJ. I would guess that the cases not pursued don't meet a certain "seriousness" criteria to bother going through the expense and time of a general court martial. But that is an uneducated guess. Since you are an SJA, and you would push for a general court martial for fraudulent enlistment, I suppose I am wrong.

The basic facts: The papers were filled out before being commisioned. After being commisioned, I confessed to a civilian security clearance interviewer without prompting (the investigation did not find anything significant) when I was contacted to schedule a security clearance interview. I then made the facts clear at the interview itself. I've done 2 weeks of active duty training since then, plus my battle assemblies. The security clearance decision is still pending, and there is a good chance that it will be denied. I'm very worried if it is denied, that I will be prosecuted for fraudulent enlistment/appointment.

How does the fact that Ive had 2 weeks of active duty training factor into the jurisdiction issue?

[badapple40]

It isn't the fraudulent enlistment that is the biggest issue. It is the falsification on the security clearance documetns that makes the offense so eggregious. I'd instruct the trial counsel doing the prosecution to make sure he or she hammers home to the jury that "the Defendant in this case, ladies and gentlement, lied on a security clearance form. He threatened our national security."

Now, I don't know what you lied about or what the facts actually were, but it seems to me that you have a better than 50/50 chance of being called back to active duty to face a general court martial. I'd be able to give you a lot better idea if you tell me what, exactly, you falsified.

Incidently, officers don't go to SPCM or summary court maritals. They can, but the punishments are so limited, that I've never recommended a case to go to a SPCM or a summary for an officer.

[steve119]

On initial EPSQ filled out with recruiter, did not disclose 1 prior arrest (6 years prior) and prior drug use (not habitual use, also ending 6 years prior). Then disclosed it to interviewer.

A very stupid mistake. Im hoping this wont ruin my life.

[badapple40]

If that is all, I don't think that is worth calling you back to active duty to court martial.

They may even let you stay in the Army.

[steve119]

Thanks - I greatly appreciate your perspective on my situation, Col.

A f/u question - the history of prior drug use was denied on the EPSQ and the entrance medical history form (which was filled out at a MEPS station over two years ago). The ommission on the EPSQ was addressed with the security clearance interview, but should I attempt to correct the information on the medical history form as well?

I dont know if its possible to have this form ammended, or get another medical hsitory and physical performed, or apply for a waiver... I don't know if its better to do nothing or try to address this head on, and if so how...

I know this probably isnt a straightforward situation with an easy answer. But any thoughts or suggestions would be appreciated.

[badapple40]

You may as well try and correct the information.