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Recent Captains Mast questions

I'm a 20 yr old female in the navy, and a few months ago I

Hello, I'm a 20 yr old female in the navy, and a few months ago I was caught stealing. I was sent to captains mast and NJP'd. A few months later I becaame even more depressed about th e military so I saw the mental health hospital and a counselor. The mental health diagnosed me with hyperactive anxiety disorder and my counselor diagnosed me with adjustment disorder. I've been in the Navy 1 year and 8 months and my administrative separation has already started. However, the mental health doctors thought I had bipolar disorder at first, and because of the bouts I'm noticing, I think I actually do now. Can I still go to mental health and be diagnosed with bipolar disorder? My mom also has bipolar disorder, will they think it's preexisting? If my ad sep process has already started, could I still file for VA disability for my bipolar disorder?

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Marsha411JD

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I am facing a possible charge of pattern of misconduct

hello I am facing a possible charge of pattern of misconduct because this will be my second njp but I have been to xoi 4 times now but also I have less then 2 months left in the navy do you know what kind of discharge I could potentially be looking at?

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P. Simmons

Attorney

Doctoral Degree

38,658 satisfied customers
My command is trying to put me on report pending an

My command is trying to put me on report pending an investigation. But I get out in 3 months.JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: Yes. So far no one knows what is going to happen. Mainly because there is an investigation taking placeJA: Anything else you want the lawyer to know before I connect you?Customer: Yes. So far they have no evidence against me that i didn't do my rounds accordingly. The only evidence I have against me is hear say. And that the event took place on my shift. Do to the weather conditions that night I was unable to notice any fuel spill taking place or I would've done something about it. The command believes that I am lying and that I never did any rounds. But again they have no proof that I didn't

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,930 satisfied customers
How are you? I have an re-4 code and a narrative reason for

Hello, How are you? I have an re-4 code and a narrative reason for seperation of drug abuse misconduct. As far as changing both of these what is the likely outcome of the attempt? Also, I am going to be applying to medical school, will this affect me in any way?JA: Because education law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to anyone in the chain of command about this?Customer: yes my recruiting chief petty officer after dischargeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Marsha411JD

Doctoral Degree

19,806 satisfied customers
I was charged with failure to obey a lawful order in which

i was charged with failure to obey a lawful order in which an officer claimed to have saw another shipmate and my self engage in a public display of affection. we both went to captains mast and were found guilty of the charge with the punishment being 60 days of restriction. i know for an njp the issuing officer doesnt really have to have burden of proof. but we had multiple witness statements and other documents proving we couldnt of possibly be in the area she said she saw the event take place. she gave a specific time and location and although we disproved her claim, we were still found guilty because they chose to believe her being she was an oficer. But, the fact that one of our witnesses who gave a detailed statement saying that she not only saw us, worked with us and spoke with us in a completely different are and 2 hours before and after the acusations supposedly took place. belive the punishment it self was unjust since they tried to use the fact that she is an officer, even though our witness is the same rank as well. so it no longer became one officer vs two enlisted but one officer vs two enlisted and an officer of the same rank as the opposing one. because of this we believe the case was unjust. we understand that in njp hearsay is valid and they can consider us guilty because of it but we also read up that ones you appeal hearsay is no longer valid and i believe that hearsay is the only evidence they have againts us. we have other documents backing us up as well. but, if unjust is not the answer then we would like to recieve less days or maybe even request 3 days bread and water. looking at past cases on the ship even though some of these people who have put others lives at risk by arming up drunk, coming to work while on drugs or almost blowing up the ship, or even UA for 10 plus days. yes, they got rank and money taken away but the most days they received was 30 on restriction even though some had been their second offence as well. please help us out. we dont want to go down without a fight and believe something just isnt right here. thank you so much!

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,930 satisfied customers
LCDR R.J. Hatley, JAGC, USNR, here. I came off active duty

LCDR R.J. Hatley, JAGC, USNR, here.I came off active duty 22 years ago. A friend has asked me to speak with his son, who is an enlisted man in the Navy and on his way to XOI.I only ever counseled with the accused when they were at court-martial, not XOI or Captain's Mast.What rights does the accused have at XOI? May he have representation? Is it possible to get a copy of any charge sheet? If he pleads guilty at XOI, then is it for sure certain that he's going to Captain's Mast, or could the matter be dismissed? Or should he plead not guilty and see if the XO can find enough evidence against him to take him to Captain's Mast?Thanks in advance.Sincerely,R.J. HatleyLCDR, JAGC, USNR

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P. Simmons

Attorney

Doctoral Degree

38,658 satisfied customers
This pertains to mu husband who is currently serving abroad

Good morning!JA: Hello. What seems to be the problem?Customer: This pertains to mu husband who is currently serving abroad right now. I have a few questions about the DRB process.JA: Are you overseas or stateside?Customer: overeasJA: Have you talked to anyone in the chain of command about this?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: The DRB process is administrative and can not formally charge a sailor with anything? Just make recommendations as to whether to proceed to Captain's Mast or XOI? What if a sailor was not informed of his rights under article 31b

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Marsha411JD

Doctoral Degree

19,806 satisfied customers
Just doing research. i tested positive for cocaine and am

just doing research. i tested positive for cocaine and am trying to see what i need to expect for my upcoming captains mastJA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: yes, they knew before meJA: Anything else you want the lawyer to know before I connect you?Customer: i dont wish to be connected but thank you

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P. Simmons

Attorney

Doctoral Degree

38,658 satisfied customers
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

38,658 satisfied customers
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