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09-14-12, 11:53 AM #1
Soldier asks Oregon court to resolve conflict between his probation rules and his Army dutiesTheU.S. Armyhas ordered Derrick James McDonald, 22, to join his unit in Afghanistan by next week. If he doesn't show, he could be prosecuted and dishonorably discharged.
But if the Army Reserve corporal from Hillsboro does go, he violates terms of his Washington County probation and will likely face arrest when he returns home.
09-14-12, 12:21 PM #2
I have had a Judge summarily dismiss cases against soldiers who have orders for duty in Iraq and Afghanistan. Granted, they were misdemeanors so I had no problem. I don't know about this case. The Army used to have a regulation calling for the immediate discharge of anyone convicted of a crime that carries one year or more imprisonment unless the Commnding Officer asks for a waiver, which takes some time. They ain't automatic.
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