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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19777
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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How does a private citizen go about filing a complaint

Customer Question

How does a private citizen go about filing a complaint regarding a Naval officer (reserve). conduct unbecoming of an officer?
Public official who is in the Navy reserves who likes young boys..
Who do I file the complaint with?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for your question. However, in order to assist you I need some clarification of the facts. What kind of "public official" is this and why not report it to the agency or department he works for full time? Also, if by "likes" little boys you are implying that he is taking indecent liberties with them, why not file a police report? Finally, just to be clear, is this person doing this alleged behavior when he is in a drilling status as a Reservist?

Customer: replied 1 year ago.
Not that I know of regarding when he is on duty as a reserve officer. that we know of.. Mayor of a mid size City. Report have been filed with the Feds, but they seldom do anything. He has been investigated before for the very same offense. He is the Mayor, who are we going to report this alledged offcense to? Does he have to be on Duty to trigger a "unbecoming of an officer" charge?Please advise,
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for the information. First, I will note that although you still didn't provide any detail on what is meant by him "liking" little boys, if he is engaged in person to person contact with boys that is illegal, this should be reported to local law enforcement, not the Feds. However, if this is child pornography, then the Feds are the appropriate agency (although you can also report to local or State law enforcement), and the Feds do take this very seriously.

As for the Navy issue, he is not subject to the Uniform Code of Military Justice unless he is on active-duty orders or in an active drilling status, so "conduct unbecoming" would not be an option unless he is caught doing something illegal in that active status. He is basically a "citizen" servicemember and his criminal conduct would be handled by the civilians. That said, if he was arrested or convicted by the civilians for a crime, he could be administratively separated by the Naval Reserve for that civilian misconduct. But first, the civilians need to address any illegal criminal behavior.

So, if that occurs, then he could be reported to the Chief of Naval Reserves, or his local Reserve Command. Please feel free to ask follow up questions if you have them. If not, if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 28th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.