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I received a field article 15 when I was deployed in 2011. I…

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Hi I received a...

Hi I received a field article 15 when I was deployed in 2011. I lost my rank and 45 days extra duty. I was accused of trying to defraud the government. Before my deployment I stationed at for Polk LA, my now ex spouse was stationed in fort hood tx . We ended getting on orders to go Carson both coming from 2 different places. We both did DITY moves( do it you self move). So we inprocessed submittted paper work and everything we were supposed to. About 90 days later I see my LES and finance is taking my money. I was told that they never received my paper work for PCS move. Well come to find the lady in finance had turned my stuff in to CID. Well I ended up receiving and article 15. Which was completely stupid because I was down range how could I produce any paper work to show. Well they ended finger printing me why? i don’t know. I never was arrested I didn’t have any rights read to me or anything. I’m trying to get a job at the VA they have to do finger prints so I can get a CAC/ PIV card. Now I’m terrified that once they do that I won’t be able to get the card or the job. I don’t what to do. Again I was never arrested or read any rights. One day my e-7 came and got me down to the MPs and they finger printed me gave me paper towel to clean the ink off and that was it. Can any help me please.

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

I’m no longer in I separated in 2012. The chain of command I had at the time was not supportive at all. I tried to ask for help and explained that me and my spouse were deployed at the time. House hold goodswere

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

IN storage

Submitted: 3 months ago.Category: Military Law
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Answered in 2 hours by:
1/6/2018
Military Lawyer: Allen M., Esq., Lawyer replied 3 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,120
Experience: Lawyer and current JAG officer.
Verified

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.

In the military, we don't have official "arrests" and you don't have to be read your rights unless you are being questioned. You can be finger printed based on being suspected of a crime (like an arrest in the civilian world) and that actually can be recorded (and is supposed to be) with the FBI database, so that later disposition can be put down explaining how the "arrest" was resolved.

It is actually federal law for these things to happen, so unfortunately there isn't anything to be done about it here.

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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Customer reply replied 3 months ago
does that mean I can’t get a federal job if my prints are in the FBI data base? Also in 2012 after I separated finance ended up processing the paper and I was reimbursed all the money that was taken from me. And it was cleared up. So do I put all this on the federal job application?
Military Lawyer: Allen M., Esq., Lawyer replied 3 months ago

It could mean that, yes.

It would really depend on how the job in question decided to classify what they see in the record.

As for being cleared up, are you saying that the resolution was that you were exonerated and the Article 15 was stripped from your record? If so, you can ask the FBI database to expunge it.

The wording of the application is key here. If they ask for any arrest or detention at all, then you should put it down and the disposition (what happened), so that you get a chance to even give your side. If you fail to put it down and they find it, they'll just not call you back for any consideration for employment.

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Military Lawyer: Allen M., Esq., Lawyer replied 3 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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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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