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Possible facing chargers of fraud on a PPM MOVE (military…

Possible facing chargers of fraud...
Possible facing chargers of fraud on a PPM MOVE (military move of house hold) I am active duty and resisved an advancement of $4500, what charges am I looking at under UCMJ or am I looking at court martial. I have 14 federal years in and and only need
8 more to retired
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Answered in 7 hours by:
12/5/2014
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,876
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,
Thank you for the information and your question. There would be no way for us to say with certainty either which charges you would face or whether this will be handled at NJP (an Article 15 hearing) or court-martial, since we don't have all of the facts that the Command has and we don't know the attitude of the CO concerning military justice issues.
However, I can tell you what the typical charge would be if it were just this one fraud charge and that would be violation of Article 132, Fraud against the United States. Your Command will tell you how they are going to handle the charges. They will either give you your Article 15 rights, at which time you can speak to the JAG defense function about whether you are going to accept NJP or demand court-martial. Or, they will refer charges to court-martial and you will have the right to be represented by a JAG at trial.
Please feel free to ask follow up questions if you have them. I would be glad to assist you further if I can.
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Customer reply replied 3 years ago
So what you are saying is my chain of command will have the option of UCMJ or COURT MARTIAL or does it automatically go to court marshal because of the amount I received?
Hello again and thank you for your reply. Just to clarify, the Uniform Code of Military Justice (UCMJ) is not a forum or a procedure, it is the Code that contains the punitive articles (criminal laws) and procedures for military justice cases. The procedures or forums are an Article 15 hearing (NJP), a summary court-martial, a special court-martial, or a general court-martial.
So, your CO has the discretion to handle this potential charge at any of those levels (although for a GCM there must first be an Article 31 hearing (like an indictment). "Serious offenses" which this is considered to be can be handled at any of those levels. Many CO's though just want to get the issue resolved and then process for administrative separation any servicemember that they believe should be separated, rather than go through the court-martial process. However, it could be, depending on your CO's attitude about military justice, that because this was $4500, they decide to send it to a court-martial. Again though, up to them.
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,876
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
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