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Thread: Undisclosed Ticket
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09-18-09, 02:30 PM #1
Undisclosed Ticket
Let me preface this post by saying that I have searched extensively to find an answer, and although all the Marines on the forum have been extremely helpful, none of the posts represented my situation.
I DEPed in about a month ago. I passed the drug test and everything else without a hitch (no surprise there). My only issue was a speeding ticket. I was told both by my recruiter and his boss no not tell the liaison officer about it because it was already paid. I followed their advice but cant help but think that this is going to come back and bite me in the rear end.
I was leery of my recruiters decision to not tell MEPs but was too eager perhaps to sign the papers.
Is this a big deal that i should talk to my recruiter with? Will it keep me from shipping or get me booted afterward? Will they even find out?
Thank you in advance Marines for all your replies.
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09-18-09, 03:47 PM #2
Speak up so it doesn't come back to bite you in the butt.
Did you ever hear of 'fraudulent enlistment?'
“Any person who—
(1) procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;
shall be punished as a court-martial may direct.”
Elements.
(1) Fraudulent enlistment or appointment.- (a) That the accused was enlisted or appointed in an armed force;
(b) That the accused knowingly misrepresented or deliberately concealed a certain material fact or facts regarding qualifications of the accused for enlistment or appointment;
(c) That the accused’s enlistment or appointment was obtained or procured by that knowingly false representation or deliberate concealment; and (d) That under this enlistment or appointment that accused received pay or allowances or both.
- (a) That the accused was separated from an armed force;
(b) That the accused knowingly misrepresented or deliberately concealed a certain material fact or facts about the accused’s eligibility for separation; and (c) That the accused’s separation was obtained or procured by that knowingly false representation or deliberate concealment.
(1) In general. A fraudulent enlistment, appointment, or separation is one procured by either a knowingly false representation as to any of the qualifications prescribed by law, regulation, or orders for the specific enlistment, appointment, or separation, or a deliberate concealment as to any of those disqualifications. Matters that may be material to an enlistment, appointment, or separation include any information used by the recruiting, appointing, or separating officer in reaching a decision as to enlistment, appointment, or separation in any particular case, and any information that normally would have been so considered had it been provided to that officer.
(2) Receipt of pay or allowances. A member of the armed forces who enlists or accepts an appointment without being regularly separated from a prior enlistment or appointment should be charged under Article 83 only if that member has received pay or allowances under the fraudulent enlistment or ap pointment. Acceptance of food, clothing, shelter, or transportation from the government constitutes receipt of allowances. However, whatever is furnished the accused while in custody, confinement, arrest, or other restraint pending trial for fraudulent enlistment or appointment is not considered an allowance. The receipt of pay or allowances may be proved by circumstantial evidence.
(3) One offense. One who procures one’s own enlistment, appointment, or separation by several misrepresentations or concealment as to qualifications for the one enlistment, appointment, or separation so procured, commits only one offense under Article 83.
Lesser included offense . Article 80—attempts
Maximum punishment.
(1) Fraudulent enlistment or appointment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. (2) Fraudulent separation. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
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09-18-09, 04:17 PM #3
You might want to come clean about it, it is your career on the line.
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09-18-09, 04:27 PM #4
Reading this Thread I don't ever remember being asked all these questions when I Enlisted.
Just the Basic 5....
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09-18-09, 04:31 PM #5
iljw,man up,tell them about the speeding ticket...Since it's paid,it's no sweat off your chops....It's not like you robbed a bank or mugged someone.....It's small potatoes......
Good luck.....
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09-18-09, 07:15 PM #6
Not disclosing ANYTHING is grounds for being denied a security clearance. My clearance was denied because I forgot to tell them about a speeding ticket I had 4 years earlier, and a improper equipment ticket (window tint too dark) I had 2 years earlier.
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09-18-09, 07:23 PM #7
Thank all of you Marines for helping me sort this out. Ill try to talk to my recruiter but if he still says I should stay quite who should i go to? Remember his boss said the same thing...
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09-18-09, 07:36 PM #8
Traffic tickets generally don't show up on FBI RAP (Report of Arrest and Prosecution) sheets unless you got busted for something big and did jail time. I don't remember if DUIs show up or not. Local and state reports tend to be more detailed so the ticket may show up there. I haven't handled these types of documents in a decade so my memory is a bit fuzzy.
Tell them about the speeding ticket and that you paid the fine just in case it shows up somewhere.
If you were going over 100 MPH, that could be another issue because that can mean license suspension and impounded car.
I went in with an illegal right turn ticket (turning right from the wrong lane) that I told the recruiter and MEPS folks about and nothing ever came of it again. I told them I paid the fine and went to traffic school and that was that.
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09-18-09, 07:40 PM #9
You'll go back to MEPS before you ship off to boot, you can tell them there. There is also one final moment of truth once you get to the MCRD. If you miss these opportunities, it is your own fault and you will face the consequences of your actions.
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09-18-09, 07:40 PM #10
It is entirely possible that they are telling you to not disclose the ticket because it might mean they have to investigate the ticket by inquiring with the city or county court house or police department that handled the ticket and they may already know that the report will come back nothing found in these situations.
I remember handling documents where people admitted to crimes and such and they'd have to go to the courthouse or police department and the report would yield nothing found.
(I was a paper pusher at a federal law enforcement agency during the summer breaks while in high school.)
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09-18-09, 08:49 PM #11
When you are screend by the DIS Agent, disclose the ticket... Make sure it's entered on your SF-86 (Background Investigation Questionarre)... S/F
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09-18-09, 10:03 PM #12
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09-18-09, 10:19 PM #13
Defense Invetigative Service...
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09-19-09, 12:46 AM #14
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09-19-09, 06:16 AM #15
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