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Recent Article 15 questions

I'm 17 days from going on terminal leave and they want to

I'm 17 days from going on terminal leave and they want to give me an article 15 for things that happened four months ago what should I doJA: Because laws vary from state to state, could you tell me what state is this in?Customer: GeorgiaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: No

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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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I recently made the reserve Maj board. But the DA is stating

I recently made the reserve Maj board. But the DA is stating that they emailed me saying they flagged me for an art 15 that I received in 2008. Now they want me to rebuttal and send a letter to the president of the board explaining my art 15 so they decide to lift my flag for promotion or not. Is this situation worth my effort to move forth or best that I resign my commission.CPT hill, Arlene

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What do I need to do to obtain a copy of a 15-6 under the

What do I need to do to obtain a copy of a 15-6 under the Freedom of InformationJA: Because laws vary from state to state, could you tell me what state is this in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: No needJA: Anything else you think the lawyer should know?Customer: NoJA: 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.

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My son, who has been in the Arkansas National Guard, has

My son, who has been in the Arkansas National Guard, has been, or is on the verge of being discharged from the US Army, for depression. He was at AIT and some circumstances arose that just pushed him over the edge of depression. The medical team can recommend a "517" discharge. Will he lose his benefits? He has no disciplinary actions and the simple fact is he couldn't pass his final PT test after 68-W training (5th in the class). I am worried he will lose all his benefits.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: He is in Texas at Ft. Sam but lives in Little Rock and is a member of the Arkansas Nat'l Guard.JA: Have you talked to a lawyer yet?Customer: We are talking with the IG office at Ft. Sam. His National Guard liason at the base is worthless, as in unreachable.JA: OK. The Military Lawyer will need to help you with this.Customer: Oh, really... and this will cost money right?JA: Anything else you think the lawyer should know?Customer: during the final PT test, he tried to cut off a half lap and was caught and subsequently lied about it to the 1st Sergeant. They saber rattled for a while about Chapter 13 and Article 15 but that was to scare him. He admitted to cheating and lying to the Sergeant. The IG official spoke to the 1st sergeant and he is just pissed Sean lied but stated that Sean was very much "worth saving" as a soldierJA: 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.Customer: Sean is an EMT in private life. And he was fifth in his 68-W class at AIT. He would be out of there today except for the PT run... and at the time, he was under medical care for pneumonia

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Allen M., Esq.

JAG officer and former adjunct prof.

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What if your recieving a honorable discharge and the start

what if your recieving a honorable discharge and the start the medicccal portion first can the case be thrown out?

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I reported numerous EO violations by a CSM and 1SG during a

I reported numerous EO violations by a CSM and 1SG during a promotion board and inconsistent administration of UCMJ for the same infractions during a deployment. Since reporting these informally and via command climate surveys the command has done everything from starting a secret clearance investigation to asking me to reenlist to creating a hostile climate at work. A NCO of the same rank disrespected me and an altercation ensued. The other NCO was left off after the same 1SG and CSM whom I made a complaint about weighed in on the altercation. Since and before I have made an informal EO complaint to my Brigade EO. I am constantly given counseling statements which I have maintained in an effort to intimidate me. I am waiting for the battalion commander to return as they are conspiring to give an Article 15. I plan on fighting them to my utmost ability as this is a EO reprisal to the fullest.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,632 satisfied customers
This will be long so I'm just going to stick with the facts.

This will be long so I'm just going to stick with the facts. In October 2015 I received a DWI, I was counseled that I was going to be initiated for a chapter under 14-12c. At first it looked like it was gonna go in my favor, so the acting csm and BC decided to put me on extra duty. Which included moving 1200lbs. Of gravel, rebuilding a retaining wall, fixing posts. Lifting railroad ties, painting murals, staying late, and just all around work where ever the battalion needed it. Then about two months later I was told that they were gonna go through with the chapter and to let my family know. I was upset becsuse I felt like I had already been given a punishment. Although there was no paperwork involved I have sgt's that are willing to put down letters to attest to the work I did do. Fast forward two more months and I still hadn't been read for the chapter, even though I was still doing all the rnu work. At this point my unit came back from deployment and I was moved back to the battery. I was told that the packet had been lost and that since I had worked really hard that my flags and re enlistment code were going to be lifted, and they were. Now fast forward another two months. As I'm trying to re enlist, the packet somehow magically appears up at brigade and now they are trying to chapter me. The medical physicals are over a year old, and Im not even flagged. I was even about to re enlist...I had signed my portion of the contract and everything. I was reading yesterday, even though I'm not flagged and I have paperwork saying it was closed out favorable. When I tried to talk to TDS he wouldn't answer my questions or give me straight answers just tried to MIS direct me. My question is do I have a case, should I go to IG, or should I just submit my letters of appeal and hope for the best.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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If a Soldier is implicated in an 15-6 investigation, and then

If a Soldier is implicated in an 15-6 investigation, and then the commander finds the Soldier not guilty in an Article 15 proceeding, what weight do the findings of the 15-6 bear in the future? Currently, we have a commander telling a Soldier the she has not made up her mind in reference to providing a letter of support, becuase even though she found him not guilty, "there's still the 15-6."Also, this information is on the Soldier's NCOER. Since he has been found not guilty, if that grounds to have the information removed, changed, or expunged for non-rated time.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,632 satisfied customers
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