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The offense of dereliction of duty is universally applicable to all branches of the military. Any soldier willfully refusing to perform the duty or follow a military order can be charged with it. It might include falling asleep while on duty, being under the influence of drug or alcohol, or leaving a post. This article provides answers to some of the most commonly asked questions about issues related to this. Someone had taken my place for the entire time of my duty. Can it be considered a dereliction of duty? While it is possible to be charged with that, there are chances that you might face additional charges. Possibly you have violated the orders since you should have taken permission for having someone else stand in for you. However, if you can cite any medical reason for this, you might be excused. The main thing that your commander would likely be concerned with is what steps you took, or didn’t take while preparing for duty an also whether you had informed someone that you were having some issues. What could happen if a service member attends duty under the influence of alcohol? The officer has served for five years and the commanding officer is supporting the officer. You run the risk of being charged with dereliction of duty for showing up for duty under the influence of alcohol. It is a good sign that your commanding officer is willing to support you. There is a chance that since your department head is supporting you have a perfect service record of five years; the matter can be resolved at XOI. If you can get this matter reviewed at XOI, your chances would be better since they would not take your rank and the issue will not be in your record. Is it possible for a dispatcher to be charged with dereliction of duty for signing a truck out to an unqualified driver? It might come under the ambit of Art 92, UCMJ and dereliction of duty. Under this, if you are expected to do something or refrain from doing something, but fail to meet your duty, you may be prosecuted. This actually depends on your duties as a dispatcher. If you were supposed to send two qualified drivers but you sent only one and another who was not qualified, you might be charged with dereliction of duty. After 21 days of confinement for dereliction of duty following a court martial, and receiving a general discharge under honorable condition, will the charges remain on a person’s civilian record? Usually, it depends upon an employer and what view is taken of the conviction. Since you were not convicted of felony, you could plead that you had never been convicted of felony. However, if a questionnaire in the application has a question “have you ever been convicted of a crime”, you have to answer in the affirmative, since a court martial conviction is deemed to be a criminal conviction. Usually, an employer is not concerned with a dereliction of duty. It is a military offense and often considered similar to a misdemeanor. Dereliction of duty could be a serious offense. There are many questions related to this. If you are faced with this charge it is better to ask a military lawyer to decide the best course of action.
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