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I refused NJP and demanded a Courts-martial from my command…

I refused NJP and demanded...
I refused NJP and demanded a Courts-martial from my command because they were filing retaliatory charges against me for reporting an assault outside of my command. My command has now decided that it will not push forward with a court-martial or NJP and will drop it down to a DRB. Can I refuse a DRB in favor of a court-martial as i was able to with the Captain's Mast? Also what is the worst i can get from a DRB?
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Answered in 1 hour by:
3/4/2014
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,569
Experience: Lawyer and current JAG officer.
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Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

NJP specifically grants you the right to deny it and demand trial by court martial. That is why you are able to do that.

A DRB does not have that right. It is an administrative process, so your options are to fight the DRB within that process itself. The regulations outlining the DRBF specifically state that you don't have the right to refuse it, because it really isn't a court or an action. It is a review or investigation which looks at the evidence and then makes a recommendation of action to the commander.

The result can be to re offer Article 15, process a court martial, recommend administrative discharge or dismiss the action. Basically, the commander is seeking more information to decide what to do.
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Customer reply replied 4 years ago

"The regulations outlining the DRBF specifically state that you don't have the right to refuse it" could you provide me with the name/designator of the regulation that you are citing? Also any regulation or instruction that pertains to the execution of DRBs?

Customer reply replied 4 years ago

I had found the same reference and was satisfied with the policies as it set out, however was not sure if it was applicable to another unit. Lastly I'd like some clarification, if you don't mind, on whether or not a DRB can issue punishments; i.e. Extra Military Instruction, counseling chits, deprivation of privileges (the last being irrelevant because of my billet in a forward deployed unit in Afghanistan).

Those aren't legally considered "punishments" in the sense of reduction in rank, taking of pay or extra duty/restriction.

Those things that you mention can be done without a DRB. Commanders/chain of command can use of those measures at any time, without resorting to Mast or court martial, because they are considered force shaping tools.

The only way to get around or call into question those types of "punishments" is through an IG complaint.
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Customer reply replied 4 years ago

Thank you for your help, which as I understand it is not advice. You've satisfactorily answered all of my questions.

No problem. Sorry for the disclaimers all the over the place. It is the method necessary to allow me to assist you, even if I'm not in your state or jurisdiction (otherwise, rules of law wouldn't allow it).
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,569
Experience: Lawyer and current JAG officer.
Verified
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