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Recent Article 134 questions

My son is in active duty with the army and I have POA for

Hi my son is in active duty with the army and I have POA for his financial issues. His NCO Sgt. 3 years ago asked him to buy a diamond ring for his wife and wanted to use my son's jeweler accountJA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: This was done in Clarksville Tennesse. My son's wife left him the day he returned from Afghanistan and he was returning the diamond ring his exwife purchased with his POA and his Sgt bought it and upgraded it to a 3 carat. For the pas 3 years they have sporadically paying it and now in collections. They have pawned the ring and we are having a difficult time getting them to make payments on time ruining his creditJA: Have you talked to anyone in the chain of command about this?Customer: No, I have spent these years forcing them to pay and just received a nasty e-mail telling me he's not responsible That his wife is the one paying for it. Because I threatened to go to his commander they have now caught the account up. My ? is that is he responsible for this account that is in my son's name. My so n's credit is in the 500's and he is getting ready to deploy. Should I talk with his command?JA: Anything else you want the lawyer to know before I connect you?Customer: I want to know if I can invoke Article 134

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P. Simmons

Attorney

Doctoral Degree

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An airman (I am unsure of their rank) who is still married,

An airman (I am unsure of their rank) who is still married, is engaging in conversation with my wife in a romantic manner. Does this constitute adultery under the UCMJ?

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Trial_master

Attorney at Law

Juris Doctorate

8,626 satisfied customers
My son has been charged with article 15 and 134 because

My son has been charged with article 15 and 134 because someone said they saw him drink 1 beer he was 6 days from his 21st bday so it was underage and he is a Ranger that was on RIC ...there is no proof or criminal charges just one persons hearsay that he bought a beer ...they are sending him to substance abuse counseling and 14 days duty and restriction punishment ...they have not said what any other punishment will be the unknown is eating us up mentally!JA: Because laws vary from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Have you talked to anyone in the chain of command about this?Customer: He has but they are being very vague it has not went beyond the ranger battalion and they have not let him make his statementJA: Anything else you want the lawyer to know before I connect you?Customer: He got a ride home with a unit buddy that got a DUI but they did not breathelize, sobriety test ask for id or otherwise my son ..the officer decide upon talking to my son he was sober.

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P. Simmons

Attorney

Doctoral Degree

37,770 satisfied customers
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

Attorney

Doctoral Degree

37,770 satisfied customers
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.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,462 satisfied customers
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

Doctoral Degree

19,612 satisfied customers
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

Attorney

Doctoral Degree

37,770 satisfied customers
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

18,462 satisfied customers
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

Attorney

Doctoral Degree

37,770 satisfied customers
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