Navy Times reports:
Big Navy is trying to work around a recent military court decision striking down a fleet-wide rule forcing sailors to report any drunken-driving or other civilian arrests to their command.
Navy Secretary Ray Mabus revised a high-level Navy regulation July 20 in response to the case of a chief who claimed the self-reporting requirement was unconstitutional and violated his Fifth Amendment rights against self-incrimination.
In United States v. Serianne, the CAAF affirmed an NMCCA decision that a Navy order to report civilian DWI/DUI convictions was unlawful and not enforceable at court-martial.
Navy Times reports:
The Navy’s self-reporting requirement for drunken driving arrests will fundamentally change as a result of a recent military court ruling, the Navy’s top lawyer said.
In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA.
On its face the decision has narrow application to a particular Navy instruction. However, the case may impact any revision of the Navy instruction and also the directive that DoD initiated in 2008 on the subject of E-6 and above reporting their civilian convictions.
I have posted before about an April 2008 policy memorandum issues by DoD. The memorandum will require self-reporting of certain civilian convictions.
Court-Martial Trial Practice Blog