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Recent Dereliction of Duty questions

I am researching UCMJ offenses. I found your response few

I am researching UCMJ offenses. I found your response few years back that article 92 dereliction of duty statute of limitations is 5 years. Is that during wartime as well (Iraq/Afghanistan)? Or is it a capital offense because it is wartime? The internet searches I have done are unclear as to how dereliction of duty is treated specifically in wartime.

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Marsha411JD

Doctoral Degree

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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

35,662 satisfied customers
I think Im being investigated oversight of a navy program.

Hi I think Im being investigated for aministtative oversight of a navy program. What are my rights?

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Marsha411JD

Doctoral Degree

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About a month ago I took a periodic counterintelligence

Hello, about a month ago I took a periodic counterintelligence military polygraph. After the test was completed, the examiner accused me of trying to beat the test/using countermeasures. I told him I wasn't trying to beat the test and what was bothering me, but he refused to listen to me or give me a re-test. He wouldn't even explain how he thought I was trying to cheat. He also told me I'd most likely be investigated.I haven't heard anything since taking the test a month ago. I haven't lost or had my clearance suspended. I haven't been questioned, searched, or had anything confiscated.I'm just trying to figure out if this was some type of scare tactic or if I really do have something to be concerned about here. It's been a month with no news.

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
P.! Thanks quick response! I am a Captain in the Active Duty

P. Simmons! Thanks for the quick response! I am a Captain in the Active Duty Army, prior enlisted with several combat identifiers in my skill set.Currently, I am a Dentist (DDS) and am now in the culture of medical folks.Needless to say that the discipline of the average soldier amongst me is little to none.As a Captain (not in command, simply a provider), do I have any legit clout using UCMJ of my soldiers "working" for me fail their duty repeatedly?

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
Sir,I am a 20 years MSgt E-7 in the Air Force and I believe

Sir,I am a 20 years MSgt E-7 in the Air Force and I believe I've been targeted for some reason. I've been accused of and received an LOR for promoting an unprofessional environment from a discussion some people were having in my shop and I didn't even hear the conversation. I was instructed not to talk about the LOR to anyone that was not involved so, I talked to my direct supervisor about the situation (she was in the loop of what was going on) so I received another LOR for discussing it with her and I've asked twice to face my accusers and I was not allowed.Now my Commander/Major has ordered a CDI (Commander Directed Investigation) at lodging and now I'm being accused of Dereliction of Duty and I don't know what the findings are/who from.I need help on what to do and I will be filling an IG Complaint against my commander.Any help would be appreciated!

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
Hi, My son has been reclassed because he failed out of 68T

Hi, My son has been reclassed because he failed out of 68T AIT. He is very very unhappy and angry about the new MOS he was given. He has three weeks until his AIT class starts, etc. Well, he's been telling me he hates it, can't take it, doesn't want to do it anymore and even tossed around "refuse to train" so he can quit. Plus I wouldn't put it past him that he would just fail tests, etc. so they'll boot him. I've tried to encourage him that he can stick it out (shortest path to normalcy) and I do not support his thoughts about quitting (we are a retired military family (husband)). I wished he would've just gotten the other MOS and I think he would've been fine - but of course "its the needs of the Army" and not his choice. I need a good defining paragraph explaining the detrimental effects if he tries to go down that path so it will hopefully get his head in the right place and do the right thing. Can you help me with that please? Thank you so much, from a very worried Mom.

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
Hi i am active duty army, i just got out of basic training

Hi i am active duty army, i just got out of basic training and started AIT as i am now a couple weeks in i have learned of some things i will have to do in this training that i am morally not okay with, i asked my chain of command for a reclassification, i was told it would be possible i would just be put into the needs of the army and i am completely fine with that, a few days later they came back and told me they could not do it and that the only way i could even possibly reclass is if i was to fail the required classes 3 times, and even that i was told is not a guarantee i would be reclassed, that i could be separated if i did that. I have talked to a few other out side of my command and was told that they reclassified people all the time in the position i am in and they didn't see why they would tell me i could not, my question is what are my options? my chain of command is very reluctant to help me in this and tends to just tell me to fail and do it that way, but i find that to be extreme.

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P. Simmons

Attorney

Doctoral Degree

35,662 satisfied customers
If a JAG officer is informed of an alleged criminal offense

If a JAG officer is given verifiable, accurate information that that an alleged criminal or civil breach of civilian law offense not under military jurisdiction is the JAG officer violating his/her responsibilities as an officer of the court if they FAIL to report it and REFUSE to testify when the case is brought to court?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,080 satisfied customers
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