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so my husband came home to me today and told me that he has…

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so my husband came home...
so my husband came home to me today and told me that he has to pay $400 by a certian time or else he gets demoted from an e-4 down to e-1 and gets an article 15.
the story behind this is stupid on many levels.
last week the XO told his soldiers to move a printer to the conex. my husband didnt know anything about this. so when they went to look at it today the printer was completly broken and there blaming my husband for it.
my question is is how can they blame him when he had no idea about it whatsoever?
please help I've tried everything
Submitted: 3 years ago.Category: Military Law
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Answered in 17 minutes by:
10/3/2014
Military Lawyer: P. Simmons, Military Lawyer replied 3 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,261
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
If your spouse was not involved in this? Then the military can NOT make him pay a penny. Period.
Under military law, it is possible to force a soldier to pay for loss/damaged equipment. But only if a certain process is followed. There is an investigation that must be performed and only after the investigation is complete can the dock his pay.
And they certainly can not threaten threaten Art 15.
If the try and run Art 15, he can refuse...he as the absolute right to refuse to accept art 15.
They could try and bring this to a court martial if he refuses....but what you are describing? I doubt that would happen...if he was not responsible for the damage they can not convict him at court martial
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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