Do I have to report to my command that I was arrested? Or tell them I got a DUI?
I receive many calls from military service members about whether or not they have to report an arrest or a DUI. Unfortunately, the answer to that question isn’t simple and … it depends.
First, it depends on what branch of service you are in. Each service treats a military service members’ duty to report differently. For an example, soldiers in the Army only have to report an arrest to their command under certain circumstances. Whereas, Sailors have to follow OPNAVINST 3120.32D, which requires them to immediately report arrests and charges to their commanding officer. Unlike the Army and the Navy, the Marines are still governed by U.S. Navy Regulation, Article 1137 and have not enacted a clarifying instruction/regulation.
U.S. Navy Regulations, Article 1137, requires the following: “Persons in the naval service shall report as soon as possible to superior authority all offenses under the Uniform Code of Military Justice which come under their observation, except when such persons are themselves already criminally involved in such offenses at the time such offenses first come under their observation.”
These nuances in the law are unknown to even the most seasoned defense attorneys. You may be thinking to yourself, “well how do I know whether I need to report?” The answer is that you need to talk to an experienced military defense attorney and consult with them before you make any decision. There are many punitive articles of the Uniform Code of Military Justice (UCMJ), as well as, other service specific orders that could be relevant to your case. Over the years, I’ve seen many military service members incriminate themselves because they assumed they had to report an incident when they didn’t have to. That assumption was incorrect, and they ended up being unnecessarily punished by their command.
If you think that you do have to report your arrest, remember your Article 31(b) rights still apply. Based on the case-law and protections afforded by the Constitution, as well as, the UCMJ, even when a military service member has to report, they only have to disclose three only (3) pieces of information to their command:
1. The date of the arrest;
2. The arresting agency; and
3. The related charges.
Remember, it is almost never a good idea to make a statement about a potentially criminal matter to your chain of command, or a law enforcement agent prior to talking to an experienced military defense attorney. If you are arrested or suspected of a crime you need to call a military defense attorney to ensure that the situation doesn’t get any worse than it already is.