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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34342
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How can a command get proof from a pft score that they don't

Customer Question

How can a command get proof from a pft score that they don't believe a marine has ran but its already in the system
Submitted: 2 years ago.
Category: Military Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Discussion by Email + Legal Research on Case Law, Codes, etc.. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry, not sure I understand your question; can you provide some context please? What is going on?
Customer: replied 2 years ago.
My first sergeant does not believe I passed my pft 3 weeks ago he is trying to njp me some how. The pft score has been ran already and verified.
Customer: replied 2 years ago.
The monitor for the pft signed it already and he leaves the unit next week for pcs. The first sergeant is trying to start a investigation. What proof can he get that I didnt pass it or did pass it. Everything will be he say or she say?
Expert:  P. Simmons replied 2 years ago.
Sorry...I want to make sure I understand...what is the monitor saying?
Customer: replied 2 years ago.
I am not sure what he is saying he has already checked out and officially leaves monday
Customer: replied 2 years ago.
What if the monitor is saying something diff or don't remember?
Expert:  P. Simmons replied 2 years ago.
If there is evidence you lied that can be prosecuted under the UCMJ.
So, for example, if the monitor has a different score for you that could be evidence.
Or, if someone else who was at the event recalled a different score? That can be evidence.
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.
And let me know if you want to discuss this via phone...I can make that option available if you desire.
Customer: replied 2 years ago.
Well actually the same score the monitor has is in the system my first sergeant thinks I lied bout that score and he is trying to get statements but no one remember from three weeks ago?
Expert:  P. Simmons replied 2 years ago.
In order to prosecute you the commander would need some evidence you lied. Unless there is someone who can testify that you lied? They are not going to be able to prosecute you
And let me know if you want to discuss this via phone...I can make that option available if you desire.
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.
Customer: replied 2 years ago.
First sergeant didn't know I ran a pft already because he was not present for it that day. But he now is suspicious about it and questioning what I ran? When the paperwork for what I did run is on paper and the system has the same score. Can I get NJP for he say or she say on statements.
Expert:  P. Simmons replied 2 years ago.
Yes. You can be prosecuted at nonjudicial punishment based on hearsay.
That said, unless your stationed aboard a navy ship you have an absolute right to refuse NJP. So if you're not guilty of this, you may want to consider refusing NJP and forcing them to take you to court-martial.
At court-martial they would not be able to rely on hearsay evidence.
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.
Customer: replied 2 years ago.
Does the monitor need to wrote a statement. Being that he signed it off and approved it?
Customer: replied 2 years ago.
How many statements are needed to have actual evidence and proof.
Expert:  P. Simmons replied 2 years ago.
A single statement can constitute proof.
And i don't understand your question about the monitor. Would it help to chat on the phone perhaps?
Customer: replied 2 years ago.
Yes it would
Expert:  P. Simmons replied 2 years ago.
I will send the offer. Once you accept we can chat on the phone

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