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    Ex_ArmyWife's Avatar
    Ex_ArmyWife Posts: 2, Reputation: 1
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    #1

    Dec 21, 2010, 05:24 AM
    Can a Field Grade Article 15 show up for popping hot on a drug test for the state?
    My husband was in the army for 3 years and received an article 15 for failing a drug test. He later was discharged with general under honorable conditions which only cited unsatisfactory performance. He then went to work at a privately operated prison and they did a background check through the department of corrections and three months later the warden told him that his background check was being denied because of the article 15. The warden had already called the unit in which he received the article 15 and talked to only a SSG who confirmed the Article 15 and said that that was the reason my husband was discharged. I want to know two things..

    1. Is it legal for the SSG to disclose that information to a civilian agency?
    2. Did that information even show up on the background check at all?

    I would greatly appreciate anyone's replies as my husband's job hangs in the balance.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 21, 2010, 05:31 AM
    Quote Originally Posted by Ex_ArmyWife View Post
    1. Is it legal for the SSG to disclose that information to a civilian agency? 2. Did that information even show up on the background check at all?

    I would greatly appreciate anyone's replies as my husband's job hangs in the balance.
    Hello wife:

    If it was TRUE, it was legal. You assume there's one flavor of background check... There isn't. A CHEAP one probably wouldn't find the courts marshal... But, a good one would have.. I'm not sure why you think the call to the army WASN'T part of the background check. I think it was...

    In any case, I don't see how anything we say here could save his job. Even IF you determine that the phone call was illegal, they're NOT going to disregard the information. For some reason, they don't want people convicted of drug offenses working in a prison... I don't know why.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 21, 2010, 05:34 AM

    When you sign to do a background check, you give them permission to check with any and all sources and you give the business ( or government) permission to release any and all records

    Of course they can release military records on a background check, that is what the background check is for.
    Ex_ArmyWife's Avatar
    Ex_ArmyWife Posts: 2, Reputation: 1
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    #4

    Dec 22, 2010, 11:35 AM
    Comment on excon's post
    He was never court marshalled.. That is only if his issue went to trial but it didn't. They handled it inside the unit. So he was never convicted of anything
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Dec 22, 2010, 01:41 PM
    Quote Originally Posted by Ex_ArmyWife View Post
    He was never court marshalled.. That is only if his issue went to trial but it didn't. They handled it inside the unit. So he was never convicted of anything
    Hello again, wife:

    Ok, I just did some research... An Article 15 is the same as a Captains Mast. I was in the Navy, so I know what that is. It's non judicial punishment.. You're right. He was NOT convicted... But, I don't think it changes anything.

    excon
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