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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33804
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a dual status technician in the Army Reserve. I was

Customer Question

I am a dual status technician in the Army Reserve. I was contacted by the Brigade IG via telephone that an IO would be reporting to the unit the very next day for an investigation. I was read 3 allegations over the phone for my civilian status and 4 allegations for military status. I received less than 12 hour notice. The IO did not have a packet upon arrival to the unit the next day; never informed me that I was under investigation in a dual status, never read me any rights. However, I was presented a list of questions that would be presented to the Soldiers during battle assembly which all referred to me in a civilian capacity but the Soldiers were questioned about my military status as well. While updating deployability codes, I noticed that I was flagged on May 5, 2015. I was never counseled in any capacity. Inquired about a counseling statement regarding the flag on 24 July upon discovery and received a counseling statement on July 25. To date, I still have not received any paperwork and it is impacting me emotionally and physically that both of my jobs are being jeopardized. What am I supposed to do?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

I am sorry for this mess. If it would help we can talk on the phone, but it would have to be tomorrow (it is late for me here). Otherwise, please tell me what is your question regarding this...or what questions can I help you answer?

Customer: replied 1 year ago.
My questions are:
1. Have my rights been violated?
2. What recourse measures can I take?
Expert:  P. Simmons replied 1 year ago.
Thank you. What you are describing? There is no violation of any substantial rights. There is no right to be informed of an investigation. And no right to be advised of the progress of any investigation
You have the right to remain silent if you are interrogated; however, it does not sound as if they have attempted to interrogate you yet.
Now, you do have the right to be notified if the flag is placed on your record; so you could complain about them not advising you of the flag. However, what you're describing, it sounds like there is a lot more serious matters then them not advising you're placing flagon in records with tthe pending crimanal investigation with you as a target...so not sure it is in your interest to complain about the flag at this point.
Please let me know if you have more questions. Happy to help if I can.

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