Legal Question in Military Law in California

Flagging Actions DA 268

I have been Flagged for nearly a year, by my National Guard Unit, based on a CID investigation of my Active Duty unit which I deployed with and ETS from 2 years ago. I did something in line with my chain of commands guidance relating to my Travel voucher. CID investigated the entire command and alerted my Guard unit wich flagged me at that time. The investigation was closed 6 months ago and they found I filed tainted vouchers, some expenses were un authorized (house cleaning). Now I am needing to re-enlist but can't due to the FLAG.

1. What action can the National Guard take against me as a reservist for something that happened while deployed with the Active Unit? Court Marshal? Article 15?

2. How can I re-enlist if they wont lift the Flag. I am scheduled to ETS next month and have 17 years of service.


Asked on 5/19/09, 12:37 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Flagging Actions DA 268

There is a very big push now by the ANG to send cases to court-martial for travel voucher fraud. Many cases, including several senior officers have been sent to courts-martial for travel voucher fraud. I would expect that they will likely bring charges against you rather than letting your ETS pass and discharging you. If they discharge you, they they probably cannot send you to a court. If they do not lift the flag, you probably cannot reenlist. My guess is they are trying to decide whether to bring charges against you or allow you to reenlist and you probably will be notified of their decision soon.

Please feel free to contact me directly if you have any further questions.

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Answered on 5/19/09, 11:09 am


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