How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26352
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

Im in the process of appealing a NJP for violation of UCMJ

Resolved Question:

I'm in the process of appealing a NJP for violation of UCMJ article 112a, wrongful use of a controlled substance. Long story short, I took a tablet of Valium from a previous prescription that had not yet expired that was for anxiety for a back procedure almost one year ago. I took this medication to alleviate the anxiety of reporting to a new command, and in a new role. I initially went into my medicine container to retrieve my Dremamine, and the Valium was right next to it. I remembered what the medication did for me for the back procedure. I looked at the expiration date (still good), so I took one pill to help calm my nervousness. Well, it showed up positive in a urinalysis shortly after reporting onboard. I've already had my DRB, XOI, and Captains Mast. My appeal for NJP is due this Friday, and my appeal for Detachment for Cause is Due July 25th. I have an immaculate service record (13 years of service), and have received many awards to include a Navy Commendation Medal, six Navy Achievement Medals and many others. I am praying someone can provide me with some guidance. I have a wife and three children and with facing a potential administrative separation, I'll loose my benefits, not to mention my GI Bill (even if I'm awarded a General under Honorable conditions). Can anyone please provide me some feedback?

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 12 years military law experience.

Have they started the adsep proceedings already? If so where are they in the process?
Customer: replied 1 year ago.

I have been to Captains Mast on Monday and I'm working on my appeal for the Non Judicial Punishment which is due this Friday. I will most likely have an administrative separation board next.

Expert:  P. Simmons replied 1 year ago.
I would focus on the adsep. The appeals process from Mast is very limited...you can only appeal if the sentence was to harsh (and this is a very tough way to go...since max punishment at Mast is nominal compared to a court martial) of if you can show the proceedings were unfair

What you describe? It is a crime under the UCMJ to take medication that was prescribed to you for one condition for a separate condition. So you have an uphill battle with the appeal.

But what you describe? It sounds like you have a shot at winning the adsep. Tell me, have you started to collect statements from folks who know you well? Ideally your SNCO's and officers?
Customer: replied 1 year ago.

No I have not but that seems like a good idea. I have many SNCO's and officers I can talk to. Do you have any other recommendations for my adsep board?

Expert:  P. Simmons replied 1 year ago.
Again, I would focus on the board. That is what counts. Frankly...the appeal of Mast could be seen as a waste of effort.

You took mast...tell me, were you on ship (so you had no choice)? Or did you have the chance to refuse and took mast?
Expert:  P. Simmons replied 1 year ago.
Sorry, I have to turn in. But will filed your response tomorrow am


Customer: replied 1 year ago.

I was on a sea going vessel. So I had no choice. I appreciate your comments and I will not expend too much effort into the appeal for Captains Mast. I am curious as to what you would recommend my focus should be for my adsep board.


 


Again, thank you psimmons for your time and valuable feedback.

Expert:  P. Simmons replied 1 year ago.
Thanks

THe fact you could not refuse mast? That I think could be your saving grace. Since you never had the chance to bring this to a court.

Lets be clear...it was technically illegal for you to take that pill.

But it is not like, for example, if you went out and purchased cocaine. So I would think you have a shot in the adsep proceeding.

I would focus on that now. Start to get letters of support. The more the better. Reach back to prior commands. You want to line up the support.

And work on your own letter. This letter should be the centerpiece of the package.

Frankly? I would consider hiring a lawyer to assist you with this.

You are, in essence, going to be putting together a package to the separation authority (likely the admiral). You want it to be easy for them to understand. So a lawyer can help with this.

You want letters of support, then you want any other evidence that can help mitigate this. You are likely looking at a "paper case"...I bet they do not push for an OTH...so you have to make your appeal on paper. And typically you only get 3 days to submit your package. So get on it!

I am done for tonight...but will answer any follow on question you may have tomorrow

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26352
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

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications