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Recent Article 128 questions

I'm a corpsman and one of my patients was given HSV2 by an

Hello I'm a corpsman and one of my patients was given HSV2 by an military member and was looking for reprimand. I'm wondering if they are punishable by law for not disclosing their STI before having intercourseJA: OK. The Military Lawyer will need to help you with this.Customer: okJA: Have you talked to a lawyer yet?Customer: No can tell the patient to though.. I'm not sure it's my job to talk to the lawyer

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P. Simmons

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I received a GCM. 128; child abuse. I was sentenced to ten

I received a GCM for Art. 128; child abuse. I was sentenced to ten years in 1995, and served seven years and ten months. While at the USDB I was again convicted of Article 128 on a law enforcement officer and received a concurrent 15-month sentence in the hole. I was also fingerprinted for this, showing two separate assault convictions with no distinction between being incarcerated and not. Incidentally, I'm sure you hear this a lot but upon appeal the government cited they lost my ROT, and decided upon the original GCM. And a TORT claim was settled by the DOD for $3.1 million for the care of my son, post-morbitidy/mortality report. Look it up. Anyways, this is probably an absolutely ridiculous question, and is more to put to rest any hopes I may have, but can I ever received a PERC or FOID card. Thank-you for your time.

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Marsha411JD

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What is the typical punishment for article 128 - assault...first

What is the typical punishment for article 128 - assault...first offense? Just one punch thrown.

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Marsha411JD

Doctoral Degree

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Hey, today I am facing battalion njp for article 128 simple

Hey, today I am facing battalion njp for article 128 simple assault. My question is can the trial get dropped if in my pre disposition I was not given a summary of the evidence to be used against me, or the knowledge that I could review all evidence used against me. After my pre disposition I then went back an asked two separate SSgt for the right to review evidence used against me and or the right to get duplicate copies of evidence to be used against me. I was denied that right both times

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Marsha411JD

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I am being with article 128 for spanking my children with a

I am being with article 128 for spanking my children with a belt. I did leave bruises and some redness and child protective services deemed it abuse. My kids are currently in foster care while I accomplish the respective case plan in order to get them back in my care. I did not know spanking was illegal. What possible punishments could I be recieving for spanking my children, am I looking at reduction in grade aswell?

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P. Simmons

Attorney

Doctoral Degree

35,240 satisfied customers
If you were never convicted or even tried for assault can you

If you were never convicted or even tried for assault can you face punishment under article 128? All that exists are police reports and the army doesnt have witness help.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I am in the military. a little over two months ago I got into

I am in the military. a little over two months ago I got into an argument with my wife, I had a Military protective order(MPO) against me. My unit commander is an o-6 and not a Captain. The MPO was lifted with in this past two weeks. But my unit still wants to take my secret clearance from me and bar me from reenlistment. I spoke to my Sergeant Major about this and he inform me that he just want to put me out of the army because I had my daughter with my Previous girlfriend while she was married, and I did not know she was married until she was pregnant. I have an notarized letter from her stating that I did not know she was married until she was pregnant with my child. Almost 3 months later I am still flagged and my unit keep telling me I will get an answer from my commander but i never got that answer yet. I have a year left in the military and would like to finishing off my career but I cannot reenlist. so here are my questions (1) Can I be bar from reenlistment and have my Secret clearance because I had MPO with my wife, and now the MPO is lifted?(2) Can I be bar from reenlistment or have my secret clearance taken away from me because I had a baby by a married woman that I did not know she was married she was pregnant already? Can my unit bar me from reenlistment and never give talk to me, I ask my NCOIC of my unit to find out what going on and he is too scared.

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Marsha411JD

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Greetings, Over five years ago when I was on active duty

Greetings,Over five years ago when I was on active duty in the USMC I did a really stupid thing. I pointed my M16A2 service rifle at a fellow Marine as a (dumb) joke. The next day the Marine informed the superiors what I had done and being that I had integrity I admitted to the offense. My punishment was an NJP based on article 128 (assault) that came packed with various disciplinary tools. Fast forward to the present I have separated from active duty, switched over to the reserves attained a Bachelor degree in under 2 and half year and currently pursuing a Master degree. However the NJP is still causing me a nightmare in landing a position within a law enforcement field. The Washington DC department told me that my NJP was of felony nature and thus I'm automatically disqualified, and NYPD has me on investigative/psychological hold. My question to you is this: Will this always haunt me? Is there anything I can do about it now?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
Hi, since the investigations started in May we finally heard

Hi, since the investigations started in May we finally heard today that the CG wants a meeting today. I am trying to find out what should be the next step since there is no private attorney involved. The attorneys that we contacted all said that they could not do anything until charges were actually filed. What should we do in reagrds to the meeting with the CG? Thanks for being so patience with me gtting back to you but I had no info so I was unable to get back to you sooner.

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P. Simmons

Attorney

Doctoral Degree

35,240 satisfied customers
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