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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26154
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I received a ticket for minor in possesion for an unopened

Resolved Question:

I received a ticket for minor in possesion for an unopened container of beer in my trunk. Will this get me discharged. It is the first offense I've ever had greater then a speeding ticket.
Submitted: 1 year ago.
Category: Military Law
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy

Customer: replied 1 year ago.

I'm ok with waiting, most people are telling me it is a dlap on the wrist offense but I'm not sure if it will be sence I havnt fully completed my training.

Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me where you are in your contract? Are you a first term service member? If so have you finished your initial training and been assigned to your command?
Customer: replied 1 year ago.

I'm a senior in highschool I did basic training last summer and after school lets out in five weeks ill be going to my ait to finish my training

Expert:  P. Simmons replied 1 year ago.
Ahh...I see. Thank you.

Tell me,

1. Have you notified your chain of command regarding this?

2. ALSO, has this been adjudicated out in town? All finished and you have served any sentence or paid any fine?
Customer: replied 1 year ago.

I havnt informed my chain of command, yet and I pled guilty to the ticket sense it was in my car. I I'm going to make my fist payment on the200dollar fine friday and I have to do comunity service and take a mip class

Expert:  P. Simmons replied 1 year ago.
Thanks

I agree that this is "not a big deal"

If you have no other incidents of misconduct I would not expect this to impact your military career significantly.

It is possible, in theory, hold Article 15 UCMJ punishment (NJP punishment)...but I doubt they will. If this was adjudicated in town, it actually becomes a bit more complex to run the NJP (the local command would need general officer approval to do so and there is a question of if they even have jurisdiction to run NJP).

And I suppose it is possible, again in theory, they could try and use this as a basis for separation. But again, I doubt that would happen. This is a minor incident. I expect it to be treated that way.

But I caution you to treat it seriously...a single minor mistake? Not a big deal.

The next one? Then you have a pattern...and the rules allow (and make it very easy) to process a servicememeber out of the service for a pattern of misconduct.

So while I doubt you will be punished or be kicked out for this one incident, if it happens again? Then it is certainly possible...frankly probable.

BotXXXXX XXXXXne: stay out of trouble in the future and you will do just fine.




P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26154
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much, I've just been stressing over this for days. Finally I can relax some.

Expert:  P. Simmons replied 1 year ago.
No worries

Best of luck with this

Phil

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