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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13669
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have a specialist who was chapter 12 out (serious offense)

Customer Question

I have a specialist who was chapter 12 out for misconduct (serious offense) as stated on the 214. But she was never given a reading or a hearing for the chapter 12, just out processed. Does she have a right to appeal?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Fort Bliss, TX
JA: Have you talked to a lawyer yet?
Customer: she says yes, she talked to JAG, but they did not help her. She seriously has no clue what the charge for serious offense was. She was also escorted by an CSM aide to out process and was not told of what was happening to her, other that she knew she was out processing. She never got a reading from the BC, not even her CO. UCMJ still gives soldiers the right to due process correct?
JA: OK. The Military Lawyer will need to help you with this.
Customer: can't do it anymore. She was already chapter out. The way I understand it, JAG only helps active duty personnel correct?
JA: Anything else you think the lawyer should know?
Customer: she was sexually assaulted by her PSG, this is what started her mental issues. After her going through the chain of command, she was stone walled. Then proceedings started to try and chapter her out. They tried with three different types of chapters
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Military Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question, however, I am unclear what relationship you have to this person you are asking about and whether you have actually looked at her personnel record. When was this person separated and did they submit matters to try to be retained? Any civilian convictions? This Army correct?

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I see that you read my request for more information, but not where you responded. If you did attempt to respond, it did not come through to me. Once I receive the information, I will respond as soon as I am available. If you no longer need assistance, you can contact customer service to close your question and obtain a refund of any deposit you left with them.

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