I. A.M. STRONG: Domestic violence conviction can end Soldier’s career

| April 22, 2011 | 0 Comments

Judge Advocate General Office
8th Theater Sustainment Command 

SCHOFIELD BARRACKS — Domestic violence is incompatible with Army values and has an immediate effect on a Soldier’s military career.

Under Army Regulation 600-20, “Army Command Policy,” paragraph 4-23, Soldiers convicted of domestic violence might be prohibited from re-enlistment and denied eligibility for commissioning, promotion or overseas service assignments.

Soldiers could also be separated within 12 months.

Additionally, the Lautenberg Amendment makes shipping, transporting, possessing or receiving firearms or ammunition a federal felony for anyone who has a qualifying misdemeanor conviction for domestic violence.

Soldiers throughout the world, including those in hostile fire areas, are not exempt. No military or law enforcement exception supersedes this amendment, which gets and keeps firearms out of the hands of those individuals with domestic violence convictions.

To issue or dispose of firearms or ammunition to anyone with a qualifying conviction is also a felony, if a person knows, or should know, about the conviction.

What constitutes a domestic violence conviction? 

A misdemeanor crime of domestic violence involves the use or attempted use of physical force, or the threatened use of a deadly weapon committed by a current or former spouse, parent or guardian of the victim; by a person with whom the victim shares a child in common; by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian; or by a person similarly situated to a spouse, parent or guardian of the victim.

Soldiers are provided a reasonable time to seek to expunge of, or to obtain a pardon for, a qualifying domestic violence conviction.

Soldiers have an affirmative, continuing obligation to inform commanders or supervisors if they have, or later obtain, a qualifying conviction of domestic violence, and they must complete a revised Department of Defense Form 2760, “Qualification to Possess Firearms or Ammunition.”

Lautenberg Amendment

Learn more about the Lautenberg Amendment at the Legal Assistance Office on Fort Shafter, 438-6725, Building 718, or Schofield Barracks, 655-8607, Building 2037.

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Category: Community, Safety, Staff Judge Advocate (SJA)

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