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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13674
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My wife is under investigation misconduct with

Customer Question

My wife is under investigation for fraudulent misconduct with leave forms. Right now it is her word and her OPS SGT's word against a LT in the company. Her OPS SGT has spoken to the investigating officer and told him that at no time has my wife the company 1SG has ever pulled a leave form or asked him or anyone in his office to pull a leave form. The investigator told him it does not matter what he just told him because he is not the one under investigation.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma...but I do not understand your question. Do you have a question regarding this ? Would it help to chat on the phone?
Customer: replied 1 year ago.
My wife is being investigated for supposedly telling a LT that she would not get charged leave. My wife and her OPS SGT both made statements that stated they did not tell the LT that. After the OPS SGT restated that neither he nor my wife told her she would that she would not be charged leave but in fact if the commander did not give her a pass it would be charged as leave. The investigating officer told the OPS SGT that it does not matter what he told the LT because he is not under investigation. According to the JAG documents I have found online a he said she said is not enough evidence to say that she is a fault.
Expert:  P. Simmons replied 1 year ago.
Thank you. However, I do not see a question.
Do you have a question regarding this?
Expert:  P. Simmons replied 1 year ago.
Are you asking if "he said/she said" is sufficient to begin an investigation?

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