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Article 92 Violation Allegation

 In ARTICLE 92, Blog

An Article 92 Violation allegation can often arise when a command believes a service member is intentionally disobeying a direct order or not adhering to policy. The Law Office of Peter Kageleiry, Jr. has defended Soldiers and Sailors who have been accused of violating Article 92 either willfully or by a disregard for duty. Article 92 allegations are a serious matter. This type of misconduct can ruin careers regardless of how poorly an investigating officer executes their investigation.

How an article 92 Violation Allegation Can Happen

An Article 92 violation allegation can arise if someone unintentionally violates a policy or general order that the service member is unaware of. This is where leadership becomes very important. A service member can only know as much as they are provided with. Good commands ensure that service members down to the lowest ranking person are informed of the rules. But commands are always looking to cover their reputations, so regardless of the leadership, they will come down like a hammer on anyone caught violating policy. That is where a good attorney can help mitigate the effects of an Article 92 investigation. Mr. Kageleiry helps guide the subject of an investigation through the investigation process to minimize the damage that can be done by an investigating officer. It is important to refrain from making any statements or answering any questions before speaking with an attorney. No matter how disconnected the questions may seem to a person’s guilt or innocence, these engagements are fraught with danger to a person’s career and their benefits.

What happens if an Article 92 Violation allegation is founded?

If an investigation is founded, service members may face administrative action.  Most Article 92 investigations, if allegations are founded, end up in some kind of administrative action from a letter of reprimand to a separation action like a board of inquiry for officers or an administrative separation board for enlisted members. While administrative actions like a General Officer Memorandum of Reprimand are meant to be a tool for the command to counsel Soldiers, they can be career enders if filed permanently in a Soldier’s record. Soldiers will likely fail to get promoted if promotion boards see the GOMOR in their personnel record. A failure to get promoted can lead to a QMP board. Having a lawyer assist in responding to a GOMOR may increase the chances of a local filing. And having an experienced military lawyer can make all the difference at a separation board.

The difference an Experienced Military Lawyer Can Make

In one of our cases, an Army company commander was accused of covering up misconduct by a subordinate.  The officer was relieved of command and issued a formal reprimand.  His command subsequently required the officer to show cause for retention on active duty, which is when he contacted the Law Office of Peter Kageleiry, Jr. for assistance.  During the lengthy Board of Inquiry (BOI) hearing, Mr. Kageleiry proved the officer’s innocence of all allegations.

In another case, our office represented a Navy Officer accused of Article 92 violations. This field grade officer was accused of Disrespect (Article 89), Failure to Obey a Regulation (Article 92), Communicating Threats (Article 115), and Substandard Performance.  What this case really came down to was poor communication between the command, the accused’s senior officer and the accused. Because of the allegations, the client was required to show cause for retention in the Navy and appear before a Board of Inquiry (BOI).  Based on Mr. Kageleiry’s cross-examination of the senior officer during the hearing, the Board of Inquiry, found that the evidence did not support any of the accusations.

If you are facing Article 92 allegations, no matter where you are stationed in the world, contact my office at +‪(757) 504-2815 or through our convenient online form to schedule a consultation.

Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions.

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