Army Officer Misconduct

Army Officer Misconduct is not defined by any singular regulation or policy; however, the following regulations are all potentially relevant.

• AR 15-6 for the rules of conducting a 15-6 investigation
• Article 133, UCMJ, for what constitutes Conduct Unbecoming an Officer
• AR 600-20 containing many common standards and regulations in the Army
• AR 600-100 for the definition of Counterproductive Leadership
• AR 600-37 for the rules of issuing and responding to a GOMOR
• AR 27-10 for the rules of issuing and responding to an Article 15
• AR 600-8-24 for the Active Duty Officer Elimination Process
• AR 135-175 for the Reserve/National Guard Officer Elimination Process
• NGR 635-100, 635-101, and 635-102 for the Withdrawal of Federal Recognition Process
• NGR 600-5 for the AGR Removal Process

Whenever the Command, at any level, becomes aware of any alleged Army Officer Misconduct, they have an obligation to flag the Officer and report the allegation to the Commanding General.  This is because of the Senior Leader Misconduct Policy that is common at all installations, explained more at this link.

Army Officer Misconduct can be investigated through the AR 15-6 Investigation Process. It can also be investigated by the Military Police, CID, or through a Civilian Law Enforcement Agency.

Any Army Officer Misconduct that is investigated through an AR 15-6 Investigation must be referred to the Officer in question before becoming formally substantiated.  This is due to the Army Adverse Information Program (AAIP), explained more at this link.  Any Officer writing a 15-6 Investigation Rebuttal, or an AAIP Rebuttal, should consult an experienced Military Lawyer immediately. No such right to respond exists for any other type of investigation.

After an investigation involving Army Officer Misconduct is completed, the results are sent to the Commanding General, consistent with the Senior Leader Misconduct Policy. The Commanding General then decides to take adverse action, or release the matter back down to the COL/O6 level for any action that he/she deems appropriate.

Army Officer Misconduct can be punished through the Court-Martial Process (rare), with an Article 15 (also rare), with a GOMOR (most common), referred OER, or with a letter of concern.  All of these actions have their own due process which is explained by clicking the links above.

After completion of these actions to address Army Officer Misconduct, or even if they are not completed, the Command can decide to initiate elimination (attempt to fire the Officer from the Army).  The Officer Elimination Process for Active Duty Members is explained more at this link.  The Officer Elimination Process for National Guard/Reserve Officers are explained more at this link.

Army Officer Misconduct can also result in promotion delays and/or removal from promotion lists.  This can happen through the Special Selection Review Board (SSRB) Process or the Promotion Review Board (PRB) Process, depending on the Officer's rank.

Finally, any documented Army Officer Misconduct can result in retirement grade reduction, through the Army Grade Determination Review Board (AGDRB).

Any Officer facing an allegation of misconduct is facing a complex process that could destroy his/her career.  Immediate Consultation with an experienced Military Defense Lawyer is recommended.  While Trial Defense Services (TDS) is available, they are often inexperienced and overworked.  Officers can hire a Civilian Defense Attorney at any point in the process. This allows the Officer in question to chose his/her lawyer based on their prior case results and former client testimonials.

This Article was written by Attorney Matthew Barry.

The Law Office of Matthew Barry represents clients worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.

Contact him today for a free consultation to start building your Defense.