Ask a Military Lawyer. Get Your Military Law Questions Answered
Thank you sir.
This, in my opinion, is extremely petty. But, it seems everyone is "against" me even though this is AIT and I'm a Reservist.
I have no prior record. The instructor states she "repeatedly" stated at 1620 that 1630 would still be release time. BUT, I have multiple sworn statements from others that she said only to cleanup but nothing about 1630. So, I, as an NCO, began telling Soldiers to form up and get to formation including myself at approximately 1625.
The senior NCO is clearly taking her side. He mentions NOTHING about the class sworn statements in his counseling removing me from the course.
So my question is if I get removed from the course (since I don't wish to appeal and want to get the hell out of here over this nonsense), will it result in an OTH discharge since I have "failed" to qualify for my position?
Ok that is unacceptable. I plan to fight this.
Again, no UCMJ is being pursued. I would think, if some guy lied to me, I'd pursue UCMJ no matter what. Also, shouldn't the senior NCO read me my rights each questioning session?
Fact is, this is extremely confusing with the whole "he said, she said" kind of thing. Would a article 138 complaint really resolve my situation or make it worse!? I'm trying to get back into class ASAP if I can.
Ok, tracking on all you said. Great information.
I'm still stuck on this Article 138 process. It seems that this is for UCMJ proceeding but no UCMJ is bring brought against me. I'm just in a "hold" status while being removed from the course.
Either way, the senior NCO, in my opinion, has really screwed me over. I don't think this should happen to anybody: false accusations that may hinders one career. Should I bring IG into play given he is using statements, without reading me rights, against me? But the fact is, these statements are misconstrued in that he asks "did you have this conversation?" I reply YES. "Well you just lied on your sworn statement." Then I reply "uh, I deny making that statement on my sworn statement since that convo happened a different day!" But the senior NCO believes that it happened that day but I have sworn statements saying it didn't. Clearly, he removed me from class without a thorough investigation, right?
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).