Have Military Law Questions? Ask a Military Lawyer.
What would be the likely course of action the commander would take if I were to appeal the article 15?
Likewise, what would be the likely course of action if were to request court marshal? Would such a petty case be likely to go all the way to court, or would it be likely to be dropped?
If I opt for a court marshal, once the case goes to JAG, will I have a mandatory appointment with them to go over the information on the case, or will they just review the information presented to them and decide whether the case goes to court?
Also, if the case goes to court, what rights do I have when It comes to defending myself, for example, can I have a lawyer, and can I call on a witness?
Considering this is a summarized article 15, will the court marshal be held before just a judge, or a jury as well?
Considering that the article 15 is administered in this situation not under actually being caught in the process of committing a crime, but under the allegations of what somebody in my chain of command "said" I'm doing, how could they come up with evidence against me, other than "we know you did this because he said you did"?
They are trying to charge me for failure to report, when I did not fail to report, for I WAS NOT required to report for that certain situation due to my physical health. Also I did not report late to work that day, I actually showed up early.
How could they come up with evidence against me on that situation, and others similar?
Considering the only person that has personal knowledge of this would be the one that recommended me for the article 15, due to the fact that he was the one that gave me orders not to report in the morning due to my condition, and to go about my physical therapy at home, could testify against me as the only witness when he was the one to recommend me for the charges in the first place?
Also, if he had given the chain of command false information, and lied about giving me orders to not report in the morning, purposefully to recommend me due to a personal vendetta, how can I prove that he had given false information, when the only two people that knew about this were the two of us?
Although this information should have been documented in a counseling, but the nature of my unit does not go by regular army formalities, so technically it was just a verbal agreement. Does that automatically mean that this could be used against me since there is no black and white statement telling me not to report, even though I did not have to report for a very long period of time. The sergeants in my platoon were fully aware of this, and they all knew I did not have to show up to formations in the morning.
He does have the authority to order me to report, but he did not order me to report, I was conducting business as I normally would that morning.
He had been looking for reasons to counsel me for an article 15 and had even told me he would be doing so. ALL but one of the negative counseling have information that disproves the cause of the counseling meaning a pointless statement that in a sense disproves itself. Would this be evidence in my favor?
So if he did not order me to report that morning, I was not disobeying a lawful order, but that falls back onto false allegations. If this is a case of him verse me, would his rank go into factor, or would only the evidence that can be presented from both side be a factor?
I know this would be correct, I did not commit a crime, and also in the article 15 it does not state that he ordered me to report that morning, but he is accusing me for failure to report anyways because there is not document stating I do not have to report, everyone in my shop knows I do not have to report in the morning, would this be strong evidence on my part?
This will be my last question, thank you for being so helpful.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).