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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118649
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was given /tempia rights read under military UCMJ in that

Customer Question

I was given miranda /tempia rights read under military UCMJ in that I made a statement to a subordinate resulting in a claim of harassment. I was told after denying the statement of the statement in that overheard a supervisor and another person discussing her sexually orientation, and that I asked these people to stop the discussion and brought the discussion up to the subordinate. It was weird because I never said any thing even close to that statement. After that I denied that I make any more to this statement and denied to answer or write any statements. but I am being investigated for Article 93 - cruelty and maltreatment and article 107- false official statement. this statement is being substantiated by a fried/ coworker but the day after the subordinate made the report she tried to get me to substantiate it as well prior to any of this being investigated.
Submitted: 2 years ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding this matter? What is your specific question based on the facts you provided above?
Customer: replied 2 years ago.
Really I have no clue just wanna know if two friends can prove I said such a thing, which was out of text and untrue. I have no idea how I harassed her and why she came to me to try and get me on her side before I was asked by the command to be investigated?
Customer: replied 2 years ago.
Really told not asked
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
They have a duty to investigate if there is an allegation you made false statements in an investigation and that you allegedly made these statements. In order for them to prove a case, they will need witnesses and evidence. If you have witnesses that you did not say what they allege, then that is your proof in your defense. So if your friends are willing to testify in your defense, you need to get to your JAG representative and get them the names of your witnesses so he can get affidavits from them and statements from them to defend the allegations against you.
If it is your friends saying you did not say it and her friends claiming it was said, they cannot prove a case against you, but they still have to investigate the claims against you and close the case.