What would you do in this situation????

[rocksteady]

A friend of mine told me that someone in his reserve regiment has recently been caught and convicted of drinking and driving....The catch is that the person who got caught has not told the regiment because he is currently on his PLQ course and fears reprisals....My friend is trying to decide whether or not they should report this to the regiment?

What would you do in this situation and why? 

A) Inform your chain of command because you now have a criminal that could become a potential leader within the regiment?

B) Forget about it altogether?

C) Talk to the person and tell them that they should inform the regiment?

D) Other?

Also what could be some consequences of not informing your chain of command that you have been criminally charged and convicted?

 

[armyvern]

A friend of mine told me that someone in his reserve regiment has recently been caught and convicted of drinking and driving....The catch is that the person who got caught has not told the regiment because he is currently on his PLQ course and fears reprisals....My friend is trying to decide whether or not they should report this to the regiment?

What would you do in this situation and why? 

A) Inform your chain of command because you now have a criminal that could become a potential leader within the regiment?

B) Forget about it altogether?

C) Talk to the person and tell them that they should inform the regiment?

D) Other?

Also what could be some consequences of not informing your chain of command that you have been criminally charged and convicted?

D) Other

Inform my CoC because regulations state that I shall do so, and then they can enter it onto the Conduct Sheet as required.

DAOD 7006-1 Preparation and Maintenance of Conduct Sheets

Conviction by a Civil Court in Canada Any conviction by a civil court in Canada for an offence committed under the following shall be entered:

any statute of Canada, for example, the Criminal Code; or

a provincial statute or local ordinance, when the sentence of the civil court is a term of imprisonment, not suspended, but not if the term of imprisonment is a default provision not served.
Example: A sentence under a provincial statute of a $100 fine and five days imprisonment in default of payment would not be entered on a conduct sheet unless the period of imprisonment was served.

An entry shall be made for the reversion in the rank of a non-commissioned member resulting from a conviction by a civil authority (see QR&O 11.11, Reversion Upon Conviction by a Civil Authority).

Simply put, this conviction would be entered onto his conduct sheet. Open the link and scroll down - you'll find an example of impaired driving entered on the sample sheet.

Your friend -- needs to fess up himself ... the shit will still come, but it'll be less than if someone else has to out his sorry ass. He should rightly have informed his CoC immediately upon being charged with the offense, not upon conviction. He needs to talk -- and soonest.

QR&O

19.56 – REPORT OF ARREST BY CIVIL AUTHORITY

Where an officer or non-commissioned member has been arrested by a civil authority, the member shall cause the arrest to be reported to the member’s commanding officer.

19.61 – CERTIFICATE OF CONVICTION

Where an officer or non-commissioned member is convicted or bound over or otherwise dealt with by a civil court, the member’s commanding officer shall obtain a certificate of conviction or a certified copy of the order of the court. (See section 255 of the National Defence Act.)

19.62 – ACTION FOLLOWING CONVICTION BY CIVIL AUTHORITY

A copy of the certificate of conviction and conduct sheet, if any, of an officer or non-commissioned member shall be forwarded by the commanding officer to National Defence Headquarters where the commanding officer receives information that the member has been convicted by a civil court of an offence under:

(a) the Criminal Code of Canada or any other statute of Canada; or

(b) a statute of a province or a local ordinance and the sentence is a term of imprisonment.

 

[rocksteady]

Anyway, that sounds quite reasonable...What is the worst that could happen to the guy if he doesn't fess up and the Regiment finds out through other ways?

 

[Ex-Dragoon]

What your acquaintance must think of is how the people in his unit might view his lack of admission. He is demonstrating a complete lack of regard for the chain of command, he is not demonstrating any sort of reliability and trustworthiness. If he is on his PLQ right now and is not stepping up to the plate by not taking responsibility he is failing badly at being a leader. I would not want to serve with this person.

 

[armyvern]

It wasn't my friend, but a guy my friend knows...Anyway, that sounds quite reasonable...What is the worst that could happen to the guy if he doesn't fess up and the Regiment finds out through other ways?

He gets to meet the Military Justice system for contravening QR&O 19.56 (linked in earlier post) amongst other things.

Really, IT DOESN'T MATTER what's the worst that can happen to him, the good books say he will tell ... it'll all be a result of his own stupidity ... does he really want to make it worse?? Because they will find out ... eventually. Say next time his security clearance needs updating, or he wants to deploy ...

 

[rocksteady]

What your acquaintance must think of is how the people in his unit might view his lack of admission. He is demonstrating a complete lack of regard for the chain of command, he is not demonstrating any sort of reliability and trustworthiness. If he is on his PLQ right now and is not stepping up to the plate by not taking responsibility he is failing badly at being a leader. I would not want to serve with this person.

Also a good point...

 

[childs56]

One of the units I use to work with had a Soldier get a DUI.
A few questions have to be asked,
Was he on Military time when it happened. (for example, he was on course for the weekend and got a DUI on Saturday night).
Does he have any responsibility to operate DND vehicles. (if he does then he must inform his COC right away)

As a Reserve Soldier there are a few allowances in the NDA. One of those main Difference's between a Reserve Soldier and a Regular Force Soldier is ON DUTY Status. As a Member of the Regular Force you are considered ON DUTY 24 HRs a day (there are exceptions such as for Veterans Affairs Claims). 
As a Reservist you are considered on Duty when Signing a Pay sheet for work, while away on duty, travelling in DND Vehicles, while attending a Parade but not signed in where other Members of the CF are Present and on Duty. A few other reasons.

Although this person has a moral obligation to report this through his COC, in them not doing so they may not be fully in the wrong.
But in order for them to continue employment with DND they will have to report their criminal conviction eventually.

For those of you who say it is the same for Full and Part time Re guardless, then answer me this,
Why can a Reservist be thrown in the Drunk tank on their own time while not on duty and not be charged or handled by the Military, while a Member Who is Full time can and will be charged for this.

Back to the Soldier I new of that got a DUI, he was informed to not let his COC know of the Charge unless he had to operate DND vehicles. Or was asked directly about the matter. ( such as a security screen). The subject was brought up about them having a Security level and how this charge would effect it.The Court informed him that the center that carried out the screenings and granting of the Security levels would be informed immediately via the court system. If there were any problems with his level then it would be reascended.

His COC became aware of his DUI charge by some one telling on him, needless to say it caused more grief then it was worth on all sides. Charges were brought up for being drunk and disorderly, failure to inform his COC immediately of the situation and a few others. They all had to be dropped once the On Duty Status of the Soldier was determined.

As for this present member. I don't blame them for not being upfront with their COC in regards to being pulled off their course.
Hopefully they pass their course and this charge was not during their On Duty Status time. I doubt it was or they would more then likely already know.

NOW the points to ponder. There is no lack of Admission on this persons part, They haven't been asked. Why Volunteer info if it isn't needed at this time. Their is no Reliability nor trust issue in regards to the military I can see. (some serious issues with their morals and such, but so does over half the Military Full Time and Part Time) Failure as a leader has nothing to do with him not reporting himself.  It does have to do with the reprisals from their unit that they fear will be taken out of proportion. Eventually he will have to report it if he wants to deploy or gain a higher security clearance or renew his security clearance.

He should report it to his COC, if he doesn't, it isn't the next guys job to report it, unless the member is about to operate a DND vehicle. If he does have DND 404's then they do have to surrender it and not drive a DND vehicle until such time as they are either retrained and or found not to effect their job performance.

Some times it is better to leave things alone and let the individual deal with it themselves then for us to be the one to bring it in the spot light.

some times people fall, and then sometimes people are pushed, Lets not push this person.