How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

Dereliction of Duty

Dereliction of Duty is a military offense that applies to all branches of the US Military. Any service member who willfully refuses to perform or follow an order would be in dereliction of duty. Falling asleep while on duty, being under the influence of drugs or alcohol, or leaving a post is all forms of dereliction of duty. To learn more about dereliction of duty, many people ask the Military Experts. The Experts answer a wide range of dereliction of duty questions. Below are five of the top questions answered by the Experts.

My unit may charge me with dereliction of duty but I had someone take my place for the entire time of my duty can they charge me for that?

It is possible to be charged with dereliction of duty, but you may also be charged with additional charges. You may be in violation of orders due to the fact that you had someone stand in for you when typically you would require permission to do this. However, if there was a medical reason for someone taking your place, you could use this as a defense. The main issue that your commander looks at is what steps you took, or didn’t take to prepare for duty, and did you let someone know that you were having issues.

If a person is charged with negligent discharge, and was not read their rights, can they refuse an Article 15 and demand a court hearing?

The fact that you were not read your rights will not prevent a prosecution. A negligent discharge is a common cause for an Art 15. Under Art 92, UCMJ, it’s a dereliction of duty if you have a duty and do not comply with it. Here are the elements:

(3) Dereliction in the performance of duties.
(a) That the accused had certain duties;
(b) That the accused knew or reasonably should have known of the duties; and
(c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.

A negligent discharge case usually results from an act of negligence, which you can be prosecuted and convicted, usually with little effort on the prosecutor’s part. You may want to consider taking the ARTICLE 15 and ask for leniency. It probably wouldn’t do any good to refuse the ARTICLE 15 and demand a court hearing due to the severity of the charge. If it was your duty to not send a round into a clearing chamber or downrange, and you knew or should have know this duty, and still sent the round, more than likely, you would be found guilty of dereliction of duty.

What can happen if a service member shows up for duty under the influence of alcohol? The officer has five years perfect service record and commanding officer is supporting the officer.

You could possibly be charged with dereliction of duty for showing up for duty under the influence of alcohol. The fact that your commanding officers are willing to support you in this situation is good. It may be possible that with the support of your department heads and a perfect service record of five years, this matter can be resolved at Executive Officer Inquiry (XOI). If you can manage to have this matter reviewed at XOI, you would fare better because they cannot take your rank and the issue would not remain on your record.

After court martial for dereliction of duty and 21 days of confinement, and receiving a general discharge under honorable conditions, will these charges show up on a person’s civilian record?

Usually, this will depend upon how an employer would view the conviction. Because you were not convicted of a felony, you could honestly say that you were never convicted of a felony. However, if an applications question is “have you ever been convicted of a crime”, you would need to answer yes; due to a court martial conviction is a criminal conviction. Generally, an employer will not be concerned with a dereliction of duty. This is strictly a military offense and is similar to a misdemeanor.

Can a dispatcher be charged with dereliction of duty for signing a truck out to a driver who was not qualified?

This could potentially fall under Art 92, UCMJ, and dereliction of duty. Under this article, if you have a duty to do or refrain from doing some particular action and fail to meet this duty, you can be prosecuted (or taken to Art 15, or counseled). This will actually depend on your duties as a dispatcher. If your job requires that you send two qualified drivers and you only sent one qualified driver and one driver who were not qualified, you could be charged with dereliction of duty.

Dereliction of duty can be a serious offense. There are many questions raised when someone is charged with dereliction of duty. If you find yourself in a situation that requires legal insight, you don’t want to take the advice of your friends and family. You can ask the Military Experts for solutions to your individual situation. The Experts can answer any question that you may have regarding dereliction of duty in an efficient and knowledgeable manner.
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21174
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21174
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18386
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8487
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3846
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)