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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

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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

38,666 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

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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

38,666 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

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I have 4.3/4.3 Average PRO/CON marks in my enlistment, with

I have 4.3/4.3 Average PRO/CON marks in my enlistment, with only 2 months left on my contract, would an NJP take away my Honorable Discharge?JA: Are you overseas or stateside?Customer: StatesideJA: 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: No

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Marsha411JD

Doctoral Degree

19,810 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

38,666 satisfied customers
I am going to xoi because i was u/a restriction musters i am

hello i am going to xoi because i was u/a for three restriction musters i am worried because i face separation but i do not want to be kicked out. i was late three time and twice was because i had been working and lost track of time and once because i had slept through my alarm basically my question is what can i do to avoid separation i love the navy and i feel as if no matter what i say i will be sparated anyway as this will be my third xoi

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P. Simmons

Attorney

Doctoral Degree

38,666 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

38,666 satisfied customers
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