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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34532
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am being told I am being placed on legal hold by my company

Customer Question

I am being told I am being placed on legal hold by my company commander while pending an investigation into communicating a threat.
NCIS seized my cell phone over a month ago saying it was evidence and has had it ever since. I have had my retirement approved since November 2014 and was two weeks from beginning terminal.Everything has already been processed through IPAC and my retirement certificates have been delivered. Does he have the authority to do such a thing and would requesting mast be the appropriate response?
Submitted: 2 years ago.
Category: Military Law
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.
The commander has the power to request your retirement be placed on hold. And headquarters (either headquarters Marine Corps or Naval Personnel Command ) Will approve such requests if there is evidence of potential misconduct.
Request Mast is not likely going to help you; again, if there is some evidence of misconduct they have authority to hold your retirement until the entire investigation is complete.
Now, one thing you could do is demand a speedy trial. Under article 10 and 13 of the UCMJ as well as rule for court-martial 707 you have a right to a speedy trial. So submitting a written demand to your commanding officer for a speedy trial may help speed up the investigation
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.
My new EAS is Aug 31, are they able to keep me beyond that? I haven't so much as received an official charge sheet yet. I met with the NCIS agent and was read my rights and the alleged violation of article 134, I was never assigned a defense counsel. I was allowed to begin checking out and the same company commander signed off on my PCS data sheet after the fact and I had already set up my move with DMO.
Expert:  P. Simmons replied 2 years ago.
Thank you
They can keep you as long as it takes to investigate the allegations.
The statue of limitations is 5 years. So they have to prosecute before that time elapses. But they can absolutely hold you and investigate this.

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