Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have been awarded a reduction in rank at Captain's Mast…

Customer Question
Hi, I have been awarded...
Hi, I have been awarded a reduction in rank at Captain's Mast while underway for Fraternization. The award is based on 3 persons words. All junior Sailor's with multiple infractions on their records while I've been in for 16 years and have never had an infraction. With the reduction in rank, I'm set to be separated due to High Year Tenure. What kind of wording would you suggest I include in my appeal, if any?
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 4 hours by:
7/4/2015
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,243
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
The Appeal must be for either
1. The procedure was unfair
Or
2. The punishment was excessive
Was either the above true for you?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
Well, I think it was excessive. I mean, I have been in for 16 years with zero history of any kind of infraction and I have an impeccable service record. To be reduced in rank for hearsay seems excessive. I'm hoping to appeal for a suspension in rank.
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
Thank you, ***** ***** help to chat on the phone about this?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
I prefer the chat online if that's ok with you?
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
Certainly. So what is your specific question?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
I'm not sure how to word my appeal. This is what I have and I just want to know if it's strong enough, am I saying it right, something...I kinda feel alone with it and like I'm gonna screw it up..."3. Basis for Appeal. The non-judicial punishment awarded was, under the circumstances, disproportionate to the acts of misconduct that I allegedly committed. The punishment was disproportionate due to the sole means of hearsay and lack of sufficient proof with evidence.4. Action Requested. Based on the foregoing, I respectfully ***** ***** punishment awarded at the subject mast be reduced in the following manner: suspension in rank based on my sixteen years of good conduct, impeccable service record and my inability to opt for Courts Martial."
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
Thanks
A couple of thoughts.
First, understand that punishment at nonjudicial punishment is, by definition, not severe. If you're actually guilty of the misconduct, then you escaping court-martial is, in and of itself, a benefit.
So consider rewording your appeal to focus not on the punishment but on the quality of the evidence presented.
Also, I understand that hearsay is admissible at article 15. So arguing that they should not consider hearsay is, in my opinion, a waste of time.
That said, the reputation for honesty of the individuals who provided evidence against you is relevant. If you have any evidence that suggests the folks who provided evidence against your are liars? That would be highly relevant. If you have such evidence, I would focus on that in your appeal.
Also, evidence of your good military character is relevant. Presenting statements from folks who know you well, and can testify to your military character, can also be helpful on appeal.
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.
Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,243
37,243 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons 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

37,243 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

1,828 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 filed an NJP Appeal today. How long does the Captain have
I filed an NJP Appeal today. How long does the Captain have to get it forwarded to the appropriate person?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 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
37,243 satisfied customers
My question is regarding the United States navy. I was
Hi, my question is regarding the United States navy. I was wondering what the most likely punishment would be for having a "trashed/messy" barracks room. Actually, it isn't that straightforward... two… read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
I was caught stealing from the navy exchange. It happened the
I was caught stealing from the navy exchange. It happened the day after i found out i made e-5.Im considered a pretty good sailor and a lot of people know and respect me. Is it possible to continue th… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
About 5 months ago, a fellow sailor accused my husband (Active
About 5 months ago, a fellow sailor accused my husband (Active Duty US Navy) of inappropriately touching him in the middle of the night. This was allegedly the second occurrence in the span of a year.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
My son, an E3 in the Navy, just received 45/45, 1/2 pay, rank
My son, an E3 in the Navy, just received 45/45, 1/2 pay, rank reduction, and a general discharge at mast (on 03-03-15) for attempted theft at the PX valued at $37.00, what should we know about this ge… read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
, I am worried about my son. He is a nuke ET and got frocked
, I am worried about my son. He is a nuke ET and got frocked and is awaiting his promotion to 2nd class(hope this makes sense). He got a tagout violation but caught it himself before he left the tag. … read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
My son was masted in A-school and lost rank from E3 to E2 and
My son was masted in A-school and lost rank from E3 to E2 and was restricted. He passed A-school and is now in nuke school. He recently overslept two times and now is going to be masted again. He thin… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
Hi. Ive been in for a little over 5 years and I'm in my
Hi. Ive been in for a little over 5 years and I'm in my second enlistment. I recently got two ARI's and had a suspended bust with my first ARI. I am going to NJP. I asked for treatment but didn't have… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Hello Mr. Simmons, Im in the Navy and Im being sent to
Hello Mr. Simmons, I'm in the Navy and I'm being sent to DRB for being late multiple times. (Four times in the last six months.) I was late for various reasons. I've been in the military for almost 5 … read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
Hello Sir. I went to captains mast on Friday for violation
Hello Sir. I went to captains mast on Friday for violation of article 92 specifically for fraternization. I was a Petty Officer First Class and division LPO and I had a unduly familiar relationship wi… read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
On the 29th of march 2013 my husband recieved a NJP and the
On the 29th of march 2013 my husband recieved a NJP and the fallowing sentence was: 60 days restriction, half months pay times two and a reduction in rank to E-3 for violation of Article 92 UCMJ. Befo… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Hi there. My fiance and I are both in the Navy, when we started
Hi there. My fiance and I are both in the Navy, when we started dating he was my workcenter supervisor, in the same command. I learned that i was pregnant and the command decided charge us with frater… read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
I am being charged with article 112a for positive synthetic
I am being charged with article 112a for positive synthetic uranalysis(spice), and possession of steroids. I want to know what kind of discharge I will be facing and if I should get a lawyer. I have b… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
An airman 2 years in is being charged with article 107 and
An airman 2 years in is being charged with article 107 and UA. First class 16 years in with good conduct is saying he said one thing airman is saying he said something else. Found him guilty because t… read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
what is the likely result of a 21 year old, guilty of DUI and
what is the likely result of a 21 year old, guilty of DUI and assault, where the individual had a previous episode of getting drunk when underage. This person is now extremely remorseful, and would li… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
I am a sailor awaiting a Captains Mast due to an ari, which
I am a sailor awaiting a Captain's Mast due to an ari, which was drinking under age. I have already been expelled from my school due to the ari but remain at my school location. It has now been 10 wee… read more
P. Simmons
P. Simmons
Military Lawyer
37,243 satisfied customers
my daughter was in trouble for minor consuming with 3 marines
my daughter is in trouble for minor consuming(she is a navy trainee) with 3 marines and one other navy trainee at Pensacola navy base.. she goes to capt.mast tomorrow. the Marines did not get into any… read more
P. Simmons
P. Simmons
Military Lawyer
37,243 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