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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17276
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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An investigation is in progress to determine whether or not

Resolved Question:

An investigation is in progress to determine whether or not i can be charged with adultery under the ucmj. What does an investigation like this usually entail and what are my options for defense?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you tell me what level of investigation is going on? Are you officer or enlisted? Is the allegation true? Has the Command indicated how they might handle this? Any other misconduct allegations?
Customer: replied 1 year ago.

im not sure of the level of investigation, I am enlisted (E-5), the allegation is true although i have not admitted to anything yet, the command has removed me from the boat and informed me they will be conducting an investigation to gather the facts, conduct a disciplinary review board and recommend captains mast. There are no other allegations and it is all based on information i divulged to another shipmate.

Expert:  Marsha411JD replied 1 year ago.
Hello again Chris and thank you for that additional information. I am not exactly sure why you have been removed from the boat unless perhaps the person you are alleged to have committed adultery with is on the boat too. Usually, in these cases, a sailor will not be transfered off unless and until Mast has already occurred. The reason why this is significant, is because if you are no longer attached to an afloat command, you can refuse Mast and demand Court-Martial, if you think the Command doesn't have enough proof.Whereas, if you are attached to the ship still, you cannot refuse Mast.

In any event, they are likely doing a Command Investigation and have either appointed an investigating officer or have the MA's doing the investigation. They will question any potential witnesses who might either have knowledge of the affair or who you made an admission to. You do not have to make any statement at all and can just invoke your right to remain silent. That will be the best thing to do since this allegation is true and you don't want to admit it or lie about it.

Unless the Command can get someone to say they saw you and this other person together or get the other party to admit of the affair, they would not have enough evidence to support a finding of guilt, since your statement alone is not enough. Your best defense really is just to remain silent. If you are taken to Mast you have the right to appeal the Mast based on lack of evidence to the GCM authority.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17276
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Marsha411JD and other Military Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 25th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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