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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25403
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi Im an e5 in the navy and I self reported my DUI which is

Resolved Question:

Hi I'm an e5 in the navy and I self reported my DUI which is being handled on the civilian side. I have a civilian attorney but now my command is sending me to mast for the same thing. I thought under navadmin 373/11 they couldn't request information nor send you up for the same charge. Please help
Submitted: 7 months ago.
Category: Military Law
Expert:  P. Simmons replied 7 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The JAGMAN is what controls here. That is, JAGMAN 0124 is the regulation that applies. If you look, you see it provides if the prior civilian charges are adjudicated? That is resolved (found guilty or not guilty)? They can not take you to NJP (Mast) unless the admiral approves.

But this only applies to cases that have been adjudicated. So, for example, had you had the case adjudicated in town and they reported? They would not be able to take to mast without approval from the admiral.

Since it has not been adjudicated, the rule will not apply

NAVADMIN 373/11 does not prohibit mast or court martial. However, it does limit what evidence can be used. Specifically it provides

6. GUIDANCE ON DISCIPLINARY ACTION.
A. COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR FAILURE TO SELF-
REPORT AN ARREST OR CRIMINAL CHARGES PRIOR TO ISSUANCE OF THIS NAVADMIN. IN
ADDITION, COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING
OFFENSE UNLESS SUCH ACTION IS BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY
OF THE SELF-REPORT.

So in your case, IF they had evidence OTHER than your statement that would allow them to run mast? Then they can run mast. But if they only have your statement? Then they can not run the mast.

So really it comes down to what evidence they are using to prove the case at mast. If it is just your statement, that would violate the NAVADMIN and you can have the mast overturned on appeal



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25403
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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