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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111461
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am in the process of awaiting NJP, but I am going to deny

Customer Question

I am in the process of awaiting NJP, but I am going to deny NJP and push for court martial due to My command is trying to charge me with being in violation of article 86. Being UA to an asvab testing that started at 10:00, in which my SNCO called and told the Executive officer I didn't go to the ASVAB (time on deck of the phone call is 0820, asvab starts at 10:00). I am also being charge article 91 for being disrespectful to a SNCO, in which I referenced her a SHE, while talking to a peer (Another Sgt) instead of caling her by her rank and name. I am also being charged with Article 92, for failure to prepare an enlistment package properly in a time manner and present to my SNCO, which was done and and given to my SNCO 3 days in advance but she failed to review the package and gave it back to me on the 3rd day. Should I request Mast to get this information in front of the District Commanding Officer.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have the evidence that shows you did not commit these infractions then you would need to request the Mast to present your case in front of the command. You can try for a written rebuttal, but if they are going for the NJP, I would suggest using the JAG office services and getting a lawyer through them and going to the hearing as you can better explain your position and allow the command to get the feelings for the case better than they can in writing.