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joelaws8, Attorney
Category: Military Law
Satisfied Customers: 390
Experience:  I can answer military law questions.
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I had an Article 32 in 2006, but it did not go any farther.

Customer Question

I had an Article 32 in 2006, but it did not go any farther. I have been separated from the USAF since 2009, and now I want to re enlist in another branch. Will that hinder me from re enlisting?
Submitted: 2 years ago.
Category: Military Law
Customer: replied 2 years ago.
Also should I tell the recruiter about the Article 32? It was revealed that the person making the allegations was lying.
Expert:  joelaws8 replied 2 years ago.
Good morning and thank you for the question. I spent several years as an active duty attorney (most of it in defense) and am glad to help you. BLUF: No. It should not hinder you from re-enlisting unless there was some sort of action taken other than the Art 32. Since charges were dismissed after the Article 32, that means that the convening authority concluded that there was no reasonable basis to proceed with the case - in other words, there was no probable cause that you committed a crime. However, if the commander gave you a negative counseling or adverse fitness report based on the the allegation, that may come back to haunt you. If that is the case, however, you should just point out that the counseling/fitrep was erroneous since the command later decided that you were innocent. Should you divulge this to the recruiter? If asked, yes. If not, why should you have an obligation to divulge an embarrassing time in your life where you were wrongfully accused? You shouldn't. I hope that answers your question. If so, please positively rate my answer as this is the only way I can receive credit for my answer. If you would like any additional information or have more questions please don’t hesitate to ask! If you feel the need to click either "Bad service" or "Poor service", please stop and reply to me via the REPLY button with the issue you have. I will be very happy to continue further and do everything I can to provide you with the service you seek at no additional charge. Thank you very much,Joe