Hello,I'm being investigated for Fraternization by my afloat command. My outlook .pst files were searched without me being present and half of the command knows about the investigation against me. Have my Rights to Privacy been violated?I believe the CO/XO had my orders cancelled before the investigation was complete and before having all the Findings of Fact. My orders were for a nominative position that was career enhancing. Can I file a civil suit against my CO for impeding my career if the investigation proves I am not at fault?Can I file a civil suit against the CMC and CMEO for defamation of character for not authenticating the information they were given to ensure it was a valid complaint and for not protecting my privacy as the accused?Can I file a civil suit against the person who altered the evidence so that it implied wrong doings on my part, causing the investigation to occur, and causing defamation of character?
State/Country relating to question: California
MILPERS Manual and Navy Privacy Website
Thanks for the chance to help. I am an attorney with over 12 years military law experience.You can sue the CO or the CMC for defamation if they lied about you and that harmed your reputation. You will need to hire a lawyer to pursue this.You can not sue the military since they are exempt under the Feres exemption of the Federal Tort Claims Act.As for the PST file? The commander has the right to order a search if there is evidence to support a crime has been committed. IF they take you to a Court Martial you can file a motion to suppress the evidence. If the commander did not have evidence to suggest a crime had been committed, the court will keep the evidence from the PST file out.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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