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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27113
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a veteran (separated in 2008) who received a field grade

Resolved Question:

I am a veteran (separated in 2008) who received a field grade Art. 15 while serving in Germany during 2007. I was told that it would be documented in my sealed/private file. I am currently being asked if I had any such Art. 15 but I do not want to disclose it. Is it possible for anyone to discover my this through a background check?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

If you received an Art 15 that would be in your record. I am not sure what you mean by "private file"....what does that mean? Was the Art 15 later overturned or removed by your commander?
Customer: replied 1 year ago.

I am not sure what "private file" means either. I just remember my commander saying something to that extent. The Article 15 was never later overturned or remover. I had been told differing stories concerning the duration that an Article 15 will stay on your record. I had never seen a record of my military history that reflected it so, I was not sure how someone might gain access to that information. But, If it exists, documented in any way, and accessible to someone performing a background check, I need to know that now.

Expert:  P. Simmons replied 1 year ago.
Thank you

It sounds like there is someone who is confused.

The Army has a "restricted record" that is used to maintain information not contained in your regular service record book. But that is very limited in what it can contain.

An Art 15 would not go into the restricted record.

It would remain in the regular service record book (SRB)

And it is available to anyone who can see the SRB.

Now...under the Privacy Act of 1974, your SRB is protected. No one can view the record without permission or a warrant.

However, most employers will require you to sign a waiver giving permission to access the records.

I would bet that commander was confused and that this is in your SRB. But you can check it yourself. Just request a copy of your record. YOu can do that here

http://www.archives.gov/veterans/military-service-records/

The National Archives will send it along to you for free. Typically it is 4-6 weeks to process the request.

If they are asking you about it, you can bet they will see it if it is in there...so you may want to disclose it.

Or request it to see yourself.



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27113
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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