Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

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
Show More
Show Less
Ask Your Own Military Law Question
Answered in 7 hours by:
12/5/2014
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,621
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.
Ask Your Own Military Law Question
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: 20,621
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Marsha411JD and 87 other Military Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,621
20,621 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,621 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I was punished under the UCMJ receiving an article 15, was
I was punished under the UCMJ receiving an article 15, was discharged with a general under honorable and now I have been denied my conceal carry permit, I need to go to the board of corrections to upg… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Is a summary court martial going to go on my permanent
Is a summary court martial going to go on my permanent record? I want to be a teacher some day. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
In 1970 I received an article 15 discharge due to migrains
in 1970 I received an article 15 discharge due to migrains am I still considered a veteran … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
In 2010 while awaiting General Courts Martial I received my
In 2010 while awaiting General Courts Martial I received my military pay and per diem (I was on per diem when the charges were brought against me, so the command was still responsible for the per diem… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am being asked if I have been subject to court martial or
i am being asked if I have been subject to court martial or other disciplinary procedure under UCMJ such as article 15, or article 135. I had to go to XOI 3 yrs ago because I missed the BCA weigh in b… read more
Marsha411JD
Marsha411JD
Lawyer
20,621 satisfied customers
I received a field article 15 when I was deployed in 2011. I
Hi I received a field article 15 when I was deployed in 2011. I lost my rank and 45 days extra duty. I was accused of trying to defraud the government. Before my deployment I stationed at for Polk LA,… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
My son was in the CG and courts-martialed in 2006/7 for
My son was in the CG and courts-martialed in 2006/7 for assault (He punched his wife on the arm when she tried to take their daughter from his arms (one punch, no bruises); and also for attempt to pos… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I have article 15 first reading tomorrow. Stateside., JBLM.
Hi JA: Hello. How can I help? Customer: I have article 15 first reading tomorrow JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
In an initial article 15 reading, can proceeds be stopped,
in an initial article 15 reading, can proceeds be stopped, charges rewritten then have a new initial art 15 reading? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I know a Marine that is in a tight spot with a NJP on
I know a Marine that is in a tight spot with a NJP on Adultery. Can they still charge him with Adultery if his Ex wife signed the divorce papers but weren't filed yet? No one physically saw the Marine… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
If I receive punishment of Article 15(Captains mast) after
If I receive punishment of Article 15(Captains mast) after intentionally failing a Pfa test in the us navy, will this lead to a dishonorable or OTH discharge?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I want to know if I can receive a GOMOR and an article 15.
I want to know if I can receive a GOMOR and an article 15 … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Im trying to explain a summary court martial to a real
im trying to explain a summary court martial to a real estate licensing board … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Can I be given an article 15 for missing staff duty I wasnt
Can I be given an article 15 for missing staff duty I wasnt originally assigned and also told prior I wouldn't have to do by my E-7 platoon sergeant with less then 12 hour notice … read more
Marsha411JD
Marsha411JD
Lawyer
20,621 satisfied customers
I have an article 15 question. Overseas. This article 15
Yes this article 15 popped up on my records from 1998 … read more
Marsha411JD
Marsha411JD
Lawyer
20,621 satisfied customers
What is the maximum punishment for a E7 article 15? It is in
What is the maximum punishment for a E7 article 15? … read more
Michael Bradley
Michael Bradley
JD
1,222 satisfied customers
When offered NJP or Court Martial and you elect Court
When offered NJP or Court Martial and you elect Court Martial but the CO doesn't want to do that. I was told that i now have to do admin board but I didn't ask for that i asked for court martial. I no… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x