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Recent Article 134 questions

Myself an E4 and a newly promoted E5 have been flagged and

Myself an E4 and a newly promoted E5 have been flagged and are under commanders inquiry right now. I chose to speak to an atty, he made a sworn statement. All we were told is there is "substantial proof" of misconduct but didnt tell us what. Article 134 gen article 1, adultery, and frat. Since he wrote a sworn statement he was told in questioning by cdr..what if i told you we have a picture that proves you werent where you say you were but didnt show him anything. Feel like it wasmore of a tactic than anything else. Cdr relinquishes cmd on Monday and she is the IO. Even a picture of him being around doeant constitute adultery.What happens next? Max punishment for either or both?

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P. Simmons

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In a case of adultery and bringing charges against a

In a case of adultery and bringing charges against a military member in accordance with the UCMJ article 134, once an accusation is made, can it be retracted by the person making the accusation, in essence, like "dropping the charges" in a civilian court? At one point is the evidence presented and does this affect being able to drop the charges?

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Allen M., Esq.

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There was an argument between myself and two others in the

There was an argument between myself and two others in the Chief's Mess. Because one of them went outside the Command, we were all investigated for Article 134. Once the other two parties found out about this, they wrote statements to place all the blame on me. I am being relieved for cause and recommended for separation from the Navy after 27 untainted years. What can I do?

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Marsha411JD

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Does a love affair with sodomy between 2 women that are

does a love affair with sodomy between 2 women that are married to other people apply as adultery under article 134

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P. Simmons

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I was just NJP'd and in my rebuttal period now, my

I was just NJP'd and in my rebuttal period now, my rebuttal starts 16 Feb 16 due to my COS taking so long getting my UPB back to me . I was charged with article 134 Drunk and Disorderly and due to a poorly written specification it had the words disrespect to Senior Officers written in for the disorderly portion, the Convening Authority who took final disposition and I believe was completely confused during the NJP and found me not guilty of article 134, but found me guilty of article 89 disrespect to Senior Officers. I was never read my rights to article 89 and was never aware of being charged of it as my article 31 rights was only to 134 drunk and disorderly and my booker statement only had 134 drunk and disorderly conduct on the UPB. On the guilty of article 89 I was fined 2 months half pay. I want to know if this is legal to do a switch in the middle of a NJP and I had no clue about it? When I received back my UPB (10132) it had the article 134 lined through with 89 pinned in and initialed along with the drunk and disorderly lined through and initialed with only the remaining bring disrespectful to senior officers after the when and where in the specification. Is this a violation of my rights? If I need to request this to be thrown out by the appeal CO authority?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I'm being charged with article 134 fraternization. I

I'm being charged with article 134 fraternization. I confessed I'm an O-1E. She was an E-4. Currently on terminal. What do I face. I am told I'll see the co who is a cdr

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P. Simmons

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I have questions dealing with my current legal situation.

Good Afternoon,I have questions dealing with my current legal situation. GySgt 13 years in active duty. Was a suspect in a Article 31 NCIS investigation for Sexual Abusive Contact, waived rights made statement. Then 2 months later they changed the charge to Article 134 Drunk and Disorderly on a new Article 31. In the NCIS report is very contradicting from each witness. My one main help is the senior Marine interviewed was a Col and was in the middle of the events and stated I was not intoxicated, this happened all during the dancing part of the ball. On the article 31 for 134 D&D the evidence list only the NCIS report. I currently refused NJP and awaiting the outcome of the convening authority. My worry is just accepting NJP will hurt my chance to re-enlist at 16 years and affect my chance for retirement.My legal questions:Can the convening authority use just the NCIS report as evidence? It was provided to me and reviewed and that's where I got my basis for refusing NJP.Should there been an internal Command Investigation done? I don't know if one was done or not. But if one was done would it need to be referenced in my Article 31 also and available for my review?Thanks for your help.

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P. Simmons

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Would the Army charge if the service member was briefly

Would the Army charge for bigamy if the service member was briefly married to two spouses at the same time but had the second marriage annulled immediately after it happened, completed a divorce from the first and then married the second officially after the divorce was complete?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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My son was convicted of sending inappropriate images to a

My son was convicted of sending inappropriate images to a minor. He was given 12 montns in jail and bad conduct discharge.The girl and he exchanged explicit photos. In a chat room over the internet.the girl was pregnant at time, 16.my son was 18.They never met each other. They talked on the phone several times.Is there a way to appeal this?

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Marsha411JD

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