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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27019
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My Command is trying to get me to do a incredibly hard course

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My Command is trying to get me to do a incredibly hard course but I dont want to. I've been told that I won't get in trouble if I refuse but they're threatening NJP. Can they? USMC btw
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 16 years military law experience.

What does that mean Marine...what do you mean by:

My Command is trying to get me to do a incredibly hard course but I dont want to.


Are you talking about a particular school? Or correspondence course? What is going on?
Customer: replied 1 year ago.

Yea sorry its a school, to be exact it AIC formerly ISLC.

Expert:  P. Simmons replied 1 year ago.
Thanks

SO I am not sure how that would involve UCMJ punishment if you are not volunteering...have they shared that with you (how it is you are committing a crime by not volunteering for a school)?
Customer: replied 1 year ago.

They're just saying that they will NJP me if I don't complete the course. They volunteered me themselves and I have let it be know that I don't want to do the course but they're still trying to make me. And I just want to cover my 6 when I refuse the course this Wednesday.

Expert:  P. Simmons replied 1 year ago.
Thanks

Generally speaking, it is not a crime to fail a course. Good thing...were it so, I would be subject to UCMJ my self (I managed to fail a course during my career)

UCMJ stands for Uniform Code of Military Justice...it is designed to prosecute criminal misconduct.

Again, failure of a course, in and of itself, not a crime.

Now...I want to address Art 92, UCMJ, dereliction of duty.

This is a provision under the UCMJ that makes it a crime (from Art 92 UCMJ)

(a) That the accused had certain duties;

(b) That the accused knew or reasonably should have known of the duties; and

(c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.


So, if they can prove, basically, that you are not trying at all. Not giving some effort? Then they could prosecute.

But that can be VERY tough to prove at court marital...if they tried to take you to NJP and you refused and demanded court, they would have to prove, basically, you did not try hard enough...and they must prove that "beyond a reasonable doubt"

If you are actually trying to pass but can not? That is not a crime.

Period



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27019
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons
P. Simmons
Military Lawyer
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.