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P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Commissioned Officer Questions

What is a Commissioned Officer?

A Commissioned Officer is a person that is a part of the first branch of the American Military Services. The duty of a Commissioned Officer is to make sure missions are completed and to keep the encouragement, knowledge, and motivation into a soldier. The Commissioned Officer starts off as a young military leader and then evolves to a higher rank. The officer uses problem solving skills to complete missions.

What is the Oath for commissioned officer that promises to disobey any order violating the United States Constitution?

Here are the oaths for both of the provisions:

(1) 5 USC § 3331 (Oath of Office): "I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.";

(2) 10 USC § 502 (Oath of Enlistment): "I (name insert), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."

The law also provides for officers re-taking their oath with each promotion.

If a person is a Commissioned Officer in the Army after receiving an Article 133. What would this do to the person’s career? Does the person have the choice to accept or rebuttal?

The soldier is mostly likely under an Article 15. The soldier will also have a chance to speak if that soldier accepts the Article 15. Evidence that the person didn’t commit the crime will have to present to the commander for review. The Commissioned Officer will be the decision maker in this case. The Court Martial grants give the soldier the right to obtain an attorney and rules of law, but may come with an additional risk. The person could Court Martial for Article 133.The punishments that are under Article 133 are: Dismissal, forfeiture of all pay and allowances, and confinement for a period not in excess of that authorized for the most analogous (similar) offense for which a punishment is prescribed in this Manual, or, if none is prescribed, for 1 year. The soldier can consider court martial if the person has a good attorney and has no evidence of committing the crime accused of.

Can a Commissioned Officer in the United States Navy qualify as a Notary Public in the state of California?

Here is the law (10 USC 1044a):

(1) All judge advocates, including reserve judge advocates when not in a duty status.

(2) All civilian attorneys serving as legal assistance attorneys.

(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.

(4) All other members of the armed forces, including reserve members when not in a duty status, who are designated by regulations of the armed forces or by statute to have those powers.

(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.

Where can a person find a lawyer to represent a Commissioned Officer in the United States Public Health Service with a job related problem?

The person can Google “Military Lawyers” review the lawyers that are available from the website. Often times, when unable to find lawyers on the web, the officer can go to their local State Bar of Association, and find a list of lawyers that are available for their certain situation.

There are people interested in knowing what the job duties, requirements and goals of a Commissioned Officer. Experts are here to working to provide answers with questions that inquiring minds may have. Commissioned Officer questions are asked everyday by potential military officers, current military officers, and people that are seeking the job role of a Commissioned Officer.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11862
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Commissioned Officer Questions

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    Hello, my son is currently in the Army basic training at Fort Benning, GA. He has incurred some serious injuries from his basic training regiment. He has (4) femoral stress fractures. They sent him home on a 30 day convalescent leave and when he returned he was still not recovered sufficiently to start back up in training. They pulled him from his original battalion and moved him to a temporary recovery unit for another 3-4 weeks. He was sent back into basic training with another unit and only lasted a week or so and the injures were still not recovered enough to continue. They have pulled him again and he is getting conflicting information from different people on he base. They have talked about a possible medical discharge or an "early separation". My son had NO prior medical conditions before he went into basic training, he did not play sports as a kid and has never had ANY issues medically. I am concerned if he is medically discharged what will happen to him? He will need medical care...will the Army provide this? He will probably have a disability to continue working in other fields as a civilian as he can't even stand for more than 15 minutes...is there disability available to him? What are the ramifications of an early separation versus a medical discharge? I feel like he needs some legal help so he can make the right choice for his future. He would love nothing more than to continue in the Army, but I am not sure if he leaves ow if he will have the opportunity to re-enlist at a later time if he can fully recover. I am also feeling that if the Army broke him then they need to take care of him (medical coverage and compensation for disability/injury) and help him figure out what he can do for the future.
    He needs to know what his rights are ASAP before he is bullied into making a choice without any realistic information. Please Help!
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