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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njp hearsay is valid and they can consider us guilty because of it but we also read up that ones you appeal hearsay is no longer valid and i believe that hearsay is the only evidence they have againts us.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

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I was recently charged with failure to obey a lawful order

i was recently charged with failure to obey a lawful order in which someone said they saw me and another shipmate display a public display of affection. the officer never approached us when she said she was this event. she also gave a specific time period in which we had witness statements and other evidence proving our whereabouts on or around the time she etstaed. we were still found guilty based on the fact they solely believed her because she was an officer. i find this unjust because other then hearsay they have no actual evidence proving we did anything.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,668 satisfied customers
I need t upgrade my discharge status from re4, Veteran, 10

I need t upgrade my discharge status from re4JA: Are you overseas or stateside?Customer: Veteran, 10 years separated and statesideJA: Have you talked to anyone in the chain of command about this?Customer: I no longer have an points of contact with my chain of commandJA: Anything else you want the lawyer to know before I connect you?Customer: I was given an honorable discharge

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,668 satisfied customers
I had a relationship over 5+ years ago with a Navy Active

I had a relationship over 5+ years ago with a Navy Active Duty Officer while I was a Navy Enlisted Reservists. We had a child out of it. Our relationship was off duty and we weren't in the same command. My question, can the Navy go after us for fraternization even though we aren't together and haven't been in over 5+ years? we also were never married.JA: Are you overseas or stateside?Customer: i'm statesideJA: Have you talked to anyone in the chain of command about this?Customer: No, is this confidential?JA: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Military Lawyer's and then gets published with the answer to help others with similar problems.Customer: ok great I don't want my name involved in itJA: Anything else you want the lawyer to know before I connect you?Customer: I think that's it

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P. Simmons

Attorney

Doctoral Degree

38,050 satisfied customers
If someone is reduced in rate and is approved for fleet

if someone is reduced in rate and is approved for fleet reserve. goes from E9 to e whatever lower. does the high 36 still apply, ie does he get 33 months of e9 pay and 3 mos of lets say e8 or lower pay in his final pay computaion. He is worried that it will all be computed at the lower rateJA: Have you talked to anyone in the chain of command about this?Customer: lol pearl u must be a computerJA: Anything else you want the lawyer to know before I connect you?Customer: i am a retired Navy Counselor Chief E7 trying to help a friend

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P. Simmons

Attorney

Doctoral Degree

38,050 satisfied customers
My son was charged with assault. He has gone before the DRB

My son was charged with assault. He has gone before the DRB and the case is being sent to the xo. I am just trying to find out what his rights are, and what, if anything can be done.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: All of this happened while at sea on board the USS BushJA: Have you talked to anyone in the chain of command about this?Customer: Only my son himself.JA: Anything else you want the lawyer to know before I connect you?Customer: He admits to the simple assault. I dont know what else might be pertinent.

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Marsha411JD

Doctoral Degree

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Mr., I attached my original question in the photo to

Hi Mr. Simmons,I attached my original question in the photo to hopefully remind you of my case. We spoke on the phone about my scenario and the possible charges. I'll find out tomorrow what the next step is and if there'll be any charges brought forward. My question is what should I do to prepare myself? The JAG told me to not sign anything until he's reviewed it. I'll also ask to see the evidence. Can I copy the evidence or take photos of it or can I take notes on what the evidence says to bring to the JAG? My case was submitted to a staff judge advocate for their recommendation and I'd like to know if I can receive a copy of that recommendation as evidence? Anything else you'd recommend? Thank you!

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P. Simmons

Attorney

Doctoral Degree

38,050 satisfied customers
Can a Military protective order be issued by a Company

Can a Military protective order be issued by a Company Commander in the Marine Corps? If so/not, is there documentation that specifically identifies exactly who has the authority?

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P. Simmons

Attorney

Doctoral Degree

38,050 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

19,662 satisfied customers
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