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Can an nco be charged with derelection of duty for not

Customer Question
reporting a rumor of officer...
Can an nco be charged with derelection of duty for not reporting a rumor of officer fraternization?
Submitted: 5 months ago.Category: Military Law
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Answered in 4 days by:
12/25/2017
Military Lawyer: Allen M., Esq., Lawyer replied 5 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,391
Experience: Lawyer and current JAG officer.
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Dereliction of duty is a slippery article and allows for this sort of charge. Now, the issue with dereliction is the requirement to prove a duty and that the NCO should have known or did know of that duty.

It is possible that, at court martial, the members wouldn't agree that there was a duty or necessarily that the member new or should have known. But those defects don't stop a commander from charging it. They just give the NCO potential defenses.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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