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Recent Captains Mast questions

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

18,954 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

35,684 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

35,684 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

35,684 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

35,684 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

35,684 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

18,092 satisfied customers
In 1968 I was given a bad conduct discharge from the navy.

In 1968 I was given a bad conduct discharge from the navy. Plus 6 months confinment, reduced to 3 months. This was for awol more than 30 days. In 1976 after fulling Pres. Ford clemency program, I recieged a full unconditional pardon and clemency discharge. My question, can I own a firearm in the state of tennessee?

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P. Simmons

Attorney

Doctoral Degree

35,684 satisfied customers
I had a other than honorable discharge almost 15 years ago.

I had a other than honorable discharge almost 15 years ago. I had a positive UA. Since that time, learning from that mistake I have become a model citizen, no arrest, no positive UAs and I work in the health care field. I waived all my benefits in order to speed up the separation process and therefore I am not a veteran. It really sucks because I had never even been written up, not even once in 5 years and I was at 4 years and 6 months when this incident occurred. I cringe when I see an application that ask if I am a veteran. To make a long story short, is there any way to have my discharge reviewed. I know I deserved it at the time, I was dating a girl who did drugs and I fell victim...but it sucks to have this hanging over my head for life. I have omitted the fact that I was ever active duty to gain employment but I feel dishonest, but if I am honest they are judging me now for something that occurred 15 years ago. Is there anything I can do????

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P. Simmons

Attorney

Doctoral Degree

35,684 satisfied customers
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