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Recent Captains Mast questions

How are you tonight? Can't complain. :) I'm a Veteran,

How are you tonight?JA: I'm good. And you?Customer: Can't complain. :)JA: Are you overseas or stateside? Glad to hear it. How can we be of help?Customer: I'm a Veteran, separated in 1982. StatesideJA: Have you talked to anyone in the chain of command about this?Customer: Not since 1982JA: Anything else you want the lawyer to know before I connect you?Customer: Looking for Reinstatement to Petty Officer 2nd class for personal reasons.

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P. Simmons

Attorney

Doctoral Degree

37,048 satisfied customers
I have a question regarding my legal rights and expectations

I have a question regarding my legal rights and expectations during a pending Captains Mast. I am a US Sailor stationed onboard a ship forward deployed from Japan. While inport Manila, I violated the liberty policy and drink more than the mandated number of drinks, which was two. I was breathalyzed, but wasn't asked to sign for the breathalyzer, which I'm told is mandatory. Additionally, it's been two days since the incident and I haven't submitted a statement. I've been in the Navy 15 years, and I haven't gotten into any trouble, so there are no page 13's on my record. As I move forward, I would like to get legal support, some do's and dont's. Additionally, how long can Commanding Officer wait before bringing a case to mast?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
I'm 19 years old, I've been in the navy for 11 months and

My name is***** 19 years old, I've been in the navy for 11 months and I'm about to go to a DRB (disciplinary review board) for being caught stealing $87 worth of goods from walmart (lingerie and jewelry). I concealed the items in my reusable grocery bag which I used as a purse. My chief had to come down to the walmart to prove that I lived in the barracks and he was shown the tapes and everything. I was very cooperative. Charges are pressed against me and I'm currently awaiting to go to my arraignment.Before this, I have been an exceptional sailor. At my 6 month long A school I graduated top of my class as ATI Honor Grad, I had over 40 volunteer hours, and I got an outstanding on my PRT. 3 months ago I arrived at my ultimate command; all of my quals are done but I hadn't started volunteering yet. I did just join my command's MWR but did so only a couple weeks ago and have only attended a couple meetings. I plan to volunteer this weekend. My LPO's adored me, as I was a very hard working worker.Knowing all of this, will I likely go to Captain's Mast? Will they look at the things I achieved while in A school or will they only look at what I've achieved whilst at my current command? Will I be separated from the Navy? Would I get a dishonorable discharge if they did? Of course you don't know the exact answers, but if you know of how a similar case turned out, it would help settle my nerves immensely!Thank you

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Marsha411JD

Doctoral Degree

19,392 satisfied customers
I would like to ask what would recommend an XOI the second

hello I would like to ask what would recommend an XOI the second time around. It was a fraternization case that came out because of a sexual assault case. Is it handled separately now that the end of investigation is ending, and I was anticipating in a case that got to XOI, the next step would be Captains Mast. There was a turnover of XOs with the new one requesting for another but I believed the previous XO would have briefed him on the situation.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: TennesseeJA: Have you talked to a lawyer yet?Customer: I have a JAG, a VCLJA: Anything else you think the lawyer should know?Customer: I believed I put everything out there

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P. Simmons

Attorney

Doctoral Degree

37,048 satisfied customers
I got a General Under Honorable Conditions discharge in

I got a General Under Honorable Conditions discharge in 2010. Reason for separation was misconduct ( drug abuse ) I had a captains mast, resulting in the discharge. Why am I not able to legally buy a firearm?

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P. Simmons

Attorney

Doctoral Degree

37,048 satisfied customers
I tested positive but it was unknowing and unintentional. I

I tested positive for THC but it was unknowing and unintentional. I invited a foreign national to my house in the country I'm serving in and we preceded to get really drunk. I ran out of cigarette and took one of his. What I didn't Joanie was that he laces Clove cigarettes with weed to hide the smell. I later take a drug test and pop. I was so drunk that I didn't feel the effects of said cigarette simply went to sleep. He has since been arrested for possession and now I face administrative punishmentJA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I have not. I was under the impression that the case was still with NCIS but I received a call yesterday that the proceedings will start on tuesJA: Is there anything else the Military Lawyer should be aware of?Customer: I'm recently married and have 2 children. No prior problemsJA: 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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P. Simmons

Attorney

Doctoral Degree

37,048 satisfied customers
Can my department send me up to captains mast to receive

Can my department send me up to captains mast for failure to receive warfare pin, I got two SP evals and my seperation eval is going to be a SP so can they send me up for receiving three SP evals?

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P. Simmons

Attorney

Doctoral Degree

37,048 satisfied customers
I have over 19 years of service and have had some medical

I have over 19 years of service and have had some medical issues come up over the last several years that cause panic attacks and general anxiety as a result of collisions at sea aboard submarines. A year and a half ago I was disqualified sub duty and sent to the surface community with a diagnosis of "anxiety disorder not otherwise specified with agoraphobia." Since that time, I have been assigned to a surface ship where I have had a return of my symptoms. With a deployment underway I had sought treatment from the medical staff on-board the ship. Psycho-therapy was not effective as I was disregarded for more important matters by the provider on several occasions. I was prescribed Zoloft by another provider to get me through the deployment period. Following the deployment period I was to transfer to another ship. My prescription ran out while in transit and I suffered through the very unsettling withdrawal symptoms of the Zoloft depletion. Now, almost a half year into the new command I am trying to seek medical attention for my condition once again after several failed attempts to do so. What has effected me the most in my anxiety condition is my distracted attention span which has made it difficult to retain and learn some new things. This has lead to me getting to the point of near delinquency on a warfare qualification as the data has not been retained well. With just about 10 months to go till my retirement, I have a fear that I may suffer and SP eval (not too concerned about that) and even worse yet Captain's Mast. The chain of command has already threatened this action citing that I am in effect disobeying a direct order to qualify if I fail to do so. I am thus curious as to if it would be in my best interest to mount a defense at a Court Martial instead? If so, what would be the best approach?

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P. Simmons

Attorney

Doctoral Degree

37,048 satisfied customers
My son was home on leave weeks after A school, when he

My son was home on leave for two weeks after A school, when he returned to TPU he tested positive for Xanax, an extremely high amount was in his system, he has never failed a test nor has he done drugs, especially pills, he hates aspirin. Upon asking around one of his sisters came forward who does have a problem and admitted spiking his drink on his last night home. We took her and got a sworn statement to that effect and forwarded it to his command. She is currently in jail now for violating her probation for having Xanax. My son declined captains mast as he was told that if he went and the commander found him quilty he would not have a say or chance to fight. Now he is to go before a board, they have put him in with others either on way out or want out and have started seperation physicals and other things for seperation, he still has to goto a board, do they usually seperate or do they listen to facts and look at his good history so far in navy ?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
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