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  1. #16
    ERAUPIKE is offline Senior Member
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    Quote Originally Posted by Greyarea09 View Post
    To answer the your question posed in the title of this thread, at no time is a regulation a guideline.
    A regulation must be complied with, or a waiver for non-compliance must be granted by appropriate authority. Failure to obey a regulation puts one at risk of administrative, non-judicial, penalties.

    such a simple answer to a simple question. that no one on this site could give.

    the fact is the only authority who can say the outcome of the judicial proceedings are not equal to an acquittal is the HQDA. We could argue the conflicting definitions all day and they will still be the same.

    When its all said and done my question was never about a specific regulation and if it applied to my situation. The question was when are regulations just guidelines and the answer was simple NEVER.

    so um yeah..... get a grip, get a life, and pay atention to detail and not look for insignifacant information that will cloud you reactions.

    "Regulations are considered lawful orders" ERAUPIKE... I will say although some what of a crass reply to the question, considering it wasnt very objective and detailed. It does support the final answer. No regulations are not guidelines

    SCOUTS OUT !!!!!!!
    You asked about a specific situation, concerning a specific regulation as per: "I am currently undergoing a Chapter 14-12C
    the conduct in question meets the restriction set in AR 635-200 section II paragraph 1-17. I have copied a clip of the reg/paragraph and bold text the pertaining restriction."

    You gave vauge details involving that situation:

    "I threw an apple when I was at a park it hit someone and it injured them.
    The police were involved and gave an in-accurate report and I received several charges. I plead not guilty, I completed some programs and the case was dismissed (judicial proceedings resulting in an acquittal or action thereof) so It meets the restriction stated by the regulations to not be processed for administrative separation."

    The members of this forum graciously advised you that your uneducated rants were not correct and that your situation did not apply to the stated regulation.

    An acquittal is not the same as completing court ordered programs in lieu of prosecution. You should feel lucky that you were offered a diversion program. Yes, Army regulations are binding and are not guidelines. If your situation applied to the regulation you provided then the outcome would prove to be very different. You will find that your smoke pit legal education will not get you very far in an Article 14 hearing. In fact, I am predicting it will prove to be your demise.
  2. #17
    Zigner is offline Senior Member
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    Quote Originally Posted by Greyarea09 View Post
    To answer the your question posed in the title of this thread, at no time is a regulation a guideline.
    A regulation must be complied with, or a waiver for non-compliance must be granted by appropriate authority. Failure to obey a regulation puts one at risk of administrative, non-judicial, penalties.

    such a simple answer to a simple question. that no one on this site could give.

    the fact is the only authority who can say the outcome of the judicial proceedings are not equal to an acquittal is the HQDA. We could argue the conflicting definitions all day and they will still be the same.

    When its all said and done my question was never about a specific regulation and if it applied to my situation. The question was when are regulations just guidelines and the answer was simple NEVER.

    so um yeah..... get a grip, get a life, and pay atention to detail and not look for insignifacant information that will cloud you reactions.

    "Regulations are considered lawful orders" ERAUPIKE... I will say although some what of a crass reply to the question, considering it wasnt very objective and detailed. It does support the final answer. No regulations are not guidelines

    SCOUTS OUT !!!!!!!
    Ok, fine - regulations aren't "guidelines".
    Now, how does that help YOU? It doesn't.

    Man, I've had fish that catch on to stuff faster.
  3. #18
    DRTDEVL is offline Member
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    The first regulation you were ever governed by was AR 601-210. In this regulation, the exact situation is actually defined as an "Other Adverse Disposition (OAD).

    (2) Other adverse dispositions. This term includes all law violations that are not civil court convictions (para 4–32b (1)(b)), but which resulted in an arrest or citation for criminal misconduct, followed by the formal imposition of penalties or any other requirements upon the offender by any governmental agency or court.
    (3) Examples of other adverse dispositions. Some examples of other adverse dispositions include—
    (a) Admission into diversionary or similar programs.
    (b) Admission into an adult first-offender program.
    (c) Deferred acceptance of guilty plea programs or probated sentence.
    (d) Tried as a youthful offender.
    (e) Enrollment in supervision programs.
    (f) Orders to pay restitution, pay a fine, serve community service, pay court costs, attend classes, or serve probationary periods that do not constitute civil court convictions.
    (g) Adjudication withheld and suspended imposition of sentence.
    (h) Unconditional suspended sentence and unsupervised unconditional probation. These terms are defined as a court imposed suspended sentence or probationary status.
    The military treats an OAD as if you were convicted of the original charge... And THAT is regulation.

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