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I went awol in 2011 and need a Dog clearance for my job will…

Customer Question
Hello, I went awol...

Hello, I went awol in 2011 and need a Dog clearance for my job will that see it

Lawyer's Assistant: Has anything been officially filed?

FBI* I was fingerprinted when I turned myself in

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Submitted: 1 month ago.Category: Military Law
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Customer reply replied 1 month ago
It was in lieu of court martial also
Customer reply replied 1 month ago
I was not given a OTH discharge, but an entry level separation
Customer reply replied 1 month ago
I should note in this FBI clearance i will be finger printed
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 4 hours by:
12/31/2017
Military Lawyer: Marsha411JD, Lawyer replied 1 month ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,615
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for your post, however, I am unclear on your facts and question. Are you saying that you are wanting to work for an employer who does FBI background checks with fingerprints? Also, were you apprehended, or did you turn yourself in when you went AWOL? Did you go to NJP? Hasn't the employer asked for a copy of your member-4 copy of your DD-214?

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Customer reply replied 1 month ago
I turned myself in. I also went AWOL from from Basic so I was told to put no on any application about military service. Also, yes the position I want does a FIB fingerprint. I just want to know if any of this will show on an Act 73 FBI clearance.
Military Lawyer: Marsha411JD, Lawyer replied 1 month ago

I still need to know if you went to NJP (Article 15) before you were separated and also if your employer has asked for the member-4 copy of your DD-214.

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Customer reply replied 1 month ago
I do not believe I was given an Article 15, but not positive. I was given an uncharacterized discharge in lieu of court marshall and no they not.
Customer reply replied 1 month ago
Did not*
Military Lawyer: Marsha411JD, Lawyer replied 1 month ago

Thank you. I will say what should have happened, since I have no access to your records to know what actually happened. If you were fingerprinted when you returned to military custody, then the fingerprinting entity should have reported that on the FBI database and it should show up as an AWOL returned. If you were not given NJP, then that is all that will show up on the FBI database. That said, as you might have seen recently in the news, the military services have not been very effective about reporting things to the FBI database, so there is always a chance that it never got into the system.

However, if this is for a security clearance, they will also have access to your military records, so they would see that there. I am not sure who told you not to indicate that you had prior military service, but that was not really accurate. You aren't a "veteran" but you do have military service through the date you were separated.

If you have any follow up questions, please ask them. However, I am going to log off now but I will check my messages as soon as I am available again today and get back to you with any follow ups when I can. If no further assistance is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 1 month ago
This not a security clearance, so the finger print check will show that I was awol to my potential employer? Thank you.
Military Lawyer: Marsha411JD, Lawyer replied 1 month ago

Thanks for clarifying that. I didn't say it would, I said it should if you were fingerprinted when you returned from being AWOL and the unit that fingerprinted you entered the information into the Federal database. You're very welcome.

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Military Lawyer: Marsha411JD, Lawyer replied 1 month ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 31st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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