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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13676
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am an officer currently being investigated for misconduct I

Customer Question

I am an officer currently being investigated for misconduct

I was told that this was a minor infraction and the incident would probably get
filed locally because there was nothing negative filed in my performance section and I had a stellar performance ratings and was ranked the #1
Major in most of my OERs. However, a few days later my BN CDR informed me that he found out from another officer that I had been involved in a previous incident
regarding alcohol 8 years ago. This incident did occur and it involved
possession of alcohol during a deployment in 2005. This incident was filed in my
restricted file.

My BN CDR told me that he knew about the previous incident and informed my previous BN CDR who was vouching for me, that the BDE CDR, Commanding General and himself all knew that I had a previous incident and this was during the initial phase of the
investigation. I have this statement in an email. I thought that the restricted
file could not be reviewed unless the CG decided to file the disposition in the
restricted file and then they would review to see if there were previous
incidents already filed their and then it would have to posted to the
performance section. I am asking if they were authorized to review my restricted
file prior to the decision of the disposition. Can you please direct me to the Army publication and paragraph numbers that address this issue. Thanks.
Submitted: 3 years ago.
Category: Military Law
Expert:  Fran-mod replied 3 years ago.

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Customer: replied 3 years ago.

I have not received an answer to my question and still require assistance. Thanks.

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Customer: replied 3 years ago.

I would still like you to continue.

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Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Actually the restricted file is restricted from selection boards and career managers...but it is not hidden from commanders. But this assumes the commander requested access through HRC (where the records are stored)...is it possible that one of these commanders simply had personal knowledge?

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