Commander’s Options
A wide spectrum of options for disposing of criminal allegations is available to Commanding Officers/Generals. During the initial investigative stages, a Commanding Officer/General must weigh the seriousness of the misconduct with other factors, such as:
- military character of the accused
- length of service of the accused
- inconvenience to the command
- military necessity
- operational tempo
- the good order and discipline of the unit
For example, the Commanding Officer/General may decide not to prefer charges because the alleged misconduct is not overly serious and would be disproportionately disruptive to the command.
Typically, a Commanding Officer/General has four options when disposing alleged misconduct:
- Court-martial (e.g., general court-martial, special court-martial);
- Administrative hearing (e.g., Article 15, summary court-martial, discharge board);
- Formal counseling placed in the service record book of the accused;
- No action at all, if the allegations seem warrantless.
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"NOT GUILTY" NOT GUILTY
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
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"NOT GUILTY" Fort Cavazos, Texas
Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.
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"NOT GUILTY" Parris Island, South Carolina
Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.
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"NOT GUILTY" Kings Bay, Georgia
Kings Bay, Georgia. Master-at-Arms Third Class (E-4) Acquitted by Jury of Dereliction of Duty Involving Firearm.
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"NOT GUILTY" Spangdahlem Air Base, Germany
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.