The Navy’s rule forcing sailors to “promptly” tell their commanding officers if they have been arrested for an off-base drunken-driving violation is unconstitutional, the Navy and Marine Corps’s highest military judges have ruled.
And so begins a Navy Times article on United States v. Serianne.
I have posted before about the new DoD regulation that requires persons E-6 and above to report all civilian convictions.
Just when you were starting to worry that there wouldn’t be work – along comes DoD with a new policy about officer and senior enlisted civilian misconduct. The policy requires that officers and senior enlisted inform their command about civilian convictions. The policy
directs that the Services issue (punitive) regulations and a reporting system.
More "show cause" Boards, more administrative separation boards, more Article 15’s for failure to report — yes, more work for lawyers.
This link should take you to the policy memorandum.
DoD gave the services time to put together their own implementing regulation. The regulation is intended to be punitive and can be prosecuted at court-martial as a violation of Article 92, UCMJ. The regulation may be in jeopardy (at least within the Navy and Marine Corps) if Serianne is not certified to CAAF, or it is certified and CAAF agrees. Of course if CAAF were to agree, then likely all the regulations may fall.