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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 16966
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I sent a sexually eplicit e-mail to a subordinate. I am an

Resolved Question:

I sent a sexually eplicit e-mail to a subordinate. I am an e-7 with 18 yrs/9mos. she is an e-5.
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for that information but I will need to know what your question is. Also, when you say the email was sexually explicit, was about her in particular or were you forwarding something from somewhere else? Did she complain or what? Need more facts here to have context. Also, what service are you in?
Customer: replied 1 year ago.

The subordinate approached me to inquire about engaging in 'swinging'. She was not interested in me, but wanted to know if I knew anyone. I sent her (text only) some fictiscious e-mail writing (graphic words). She fowarded it up to the CO. We are in the Navy.

Expert:  Marsha411JD replied 1 year ago.
Thank you, XXXXX XXXXX still need to know what your specific question is.
Customer: replied 1 year ago.


What is the maximum punishment at NJP? What charge did I violate? Are seperations possible after 18 years of service?

Customer: replied 1 year ago.


What charges could be filed? What are the elements of the charges?

Expert:  Marsha411JD replied 1 year ago.
Thank you for the questions.

For an E-7, at NJP, the possible punishments are: (An E-7 cannot be reduced in paygrade at NJP)(1) Admonition or reprimand.(2) Correctional custody: not more than 30 days.(3) Forfeiture: not more than 1/2 of one month's pay per month for two months.(4) Extra duties: not more than 45 days.(5) Restriction: not more than 60 days.

As far as charges go, they could charge an Article 92, Orders Violation (sexual harassment), Article 92 or 134, Fraternization, maybe Article 134, Indecent Language; and misuse of Government property. Those would likely be the charges they would pick from.

Yes, it is possible to be administratively processed for serious misconduct even with 18 years of service.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

     

     

     

     

     

     

Customer: replied 1 year ago.


Could you cite some examples from experience?


 


My examples from experience has been:


 


Punitive letter of reprimend (3-4 examples)


Detach for cause (1 example)


 


Would an innapropriate e-mail be considered serious misconduct?

Expert:  Marsha411JD replied 1 year ago.
Steven-- I assume you mean examples of punishment. Usually with an E-7 it will be a punitive letter of reprimand, and maybe some money taken away (although that doesn't happen as often. The detachment for cause is not technically "punishment" under the UCMJ, it is just an administrative action and is definitely likely.

Yes, the Articles I cited under the UCMJ are all considered "serious misconduct" for purposes of admininstrative processing. It isn't so much that actual act that is looked at, it is the Articles of the UCMJ that are violated.

Obviously, the Command could also refer this to a court-martial, but that really isn't likely unless your CO is a hard-nose that uses the court-martial system a lot.
Customer: replied 1 year ago.

I won't disagree with any punishment from NJP.


 


What would be my options to avoid Administative Seperation?


 


Are there any laws of 'sanctuary' that are in my favor?

Expert:  Marsha411JD replied 1 year ago.
Just to be clear, if you are given your NJP rights you should go speak to the local JAG in charge of PersRep before you decide what to do. As far as administrative processing goes, you would definitely want to elect a Board, at which you would have a JAG to represent you. Then you can fight like heck to be retained, or at least to leave with good paper (Honorable Discharge.) If you have a stellar career, then you have a much better chance for at least leaving with good paper.

Unfortunately if you are administratively separated for misconduct, there is no sanctuary. You will want to speak to the judge advocate who is assigned to your case, should you be processed for separation about your options.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 16966
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
Customer: replied 1 year ago.


I'm sorry ...


 


What are the elements of sexual harrasment since she intitated consensual sexual dialouge?

Expert:  Marsha411JD replied 1 year ago.
No problem and that is a good point. Because the conduct has to be "unwelcome." So, that may not be a valid charge, although the other ones are. You can pull the SECNAVINST and read it and it has the prohibited conduct and "definition" in it. But the main issue for you would be the "unwelcome" part.

I have to log off now, but if you have additional follow up questions I can get back to you tomorrow.

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