Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

Trying to figure out if a Command investigation was properly

Customer Question
conducted. I never received the...
Trying to figure out if a Command investigation was properly conducted. I never received the IO's report to provide rebuttal to any information. I was wrongfully punished with a NPLOC and then the CO gave me a declining FitRep. The instructions clearly state who is responsible but I was implicated as being responsible even though I did my due diligence. THe other senior officer failed in their duties but I was included as well. So, I am going to a BCNR.
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 15 minutes by:
9/24/2015
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,284
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

I am sorry for this dilemma...but do not see a question. Do you have a question. Are you asking how to file with BCNR?
Would it help to chat on the phone? I can make that available for $5

Ask Your Own Military Law Question
Customer reply replied 2 years ago
I know how to file a BCNR. My question is how is a command investigation conducted? Does the IO have a legal obligation to present their findings to me for rebuttal and review. I never saw the IO's report. I just was presented my bravo rights and escorted the XO and handed my NPLOC. I was told that I was charged with failing to follow an order from a 2003 local instruction. It was about receiving reports from an outside Command appointed board that inventories my pharmacy's controlled substances. Nothing was missing or out of line. The senior board member always verbally reported there were no issues but apparently he was not keeping reports or lost them. Anyway, they thought I should have know the senior member was not doing his job because the instruction said I should be getting reports. THe lnaguage was very vague and explantory on what reports I should get. I did not say shall but should, which impies to me that reports are given to me when their are findings that I need to correct. This is how it normally happens. The higher level instructions say the Senior CSIB memeber is responsible for the reports not the pharmacy department head. So, I feel the investigation was unjust and done in error because the IO and CO did not understand my role and did not provide me due process because they did not allow me to rebutt the IO's investigation report.
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago

The JAGMAN is the regulation that covers this.

If you take a look at the JAGMAN you will see the IO has no obligation to interview you, or allow you to "rebut" anything. So taking that tact with the BCNR will not likely help you.

HOwever, if the investigation is flawed, that would be a basis to appeal to the BCNR.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the JAGMAN gave you a right to rebut, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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
Customer reply replied 2 years ago
No, that answered my question about the rebuttal. What about the shall and should wording? I often here it is a relevant legal term and it may bring merit to the error in the investigation. As stated the local instruction does not define what report I am to receive. It is very unclear on the circumstances of when I should receive a report. Also, higher level instruction puts the responsibility clearly on the senior CSIB member not the pharmacy DH. I was just wandering if this seemed like a reasonable defense to shoe an injustice or error in the investigation?
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago

Sorry...not sure what you mean...you think the wording of the regulation is vague?

Ask Your Own Military Law Question
Customer reply replied 2 years ago
I is not clear on what type of report. The CSIB generates several reports. None of which are reviewed by the pharmacy DH. THey are routint reports sent to the CO saying what they did. I assumed it was referring to a report of controlled substance process or quantity discrepancies that I had to address to avoid further occurrences. Those are reports I am familiar with but not routine inspection reports that indicate no issues. Pharmacy does not get those type of reports or retain them in the pharmacy. CSIB is supposed to be independent from the pharmacy. It acts as the CO's oversight committee to ensure controlled substances are being properly managed. THe Pharmacy DH is totally blinded from the inspection to avoid a conflict of interest. So, I feel that if I did not get a report, it was because there were no issues from me to address. That is the way I interpreted the instruction and the word should versus shall.
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago

Thanks

I understand you believe the vague regulation is the cause of this...and I agree legally there is a different between "shall" (which makes it a directive) and "should" (which serves more as guidance)
And you can certainly make this argument to BCNR

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
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,284
35,284 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

35,284 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 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 am the spouse of a retired military (army) officer. We had
I am the spouse of a retired military (army) officer. We had a 40 year anniversary on May 21,of this year One month ago he left. He took the early retirement plan at 16 years of active duty service. I… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
Is it proper for a senior officer to salute Junior personnel
Is it proper for a senior officer to salute Junior personnel when celebrating Armed forces Day? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I am a Navy Officer facing a General Discharge/ADSEP on the
Greetings, I am a Navy Officer facing a General Discharge/ADSEP on the basis of an NJP awarded 12 months ago. The charges were article 92 and article 133. I had an attorney to appeal the NJP decision … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
How do you find out who someones commanding officer is?
how do you find out who someones commanding officer is? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
My neighbor, who is an officer in the army, threatened
My neighbor, who is an officer in the army, threatened physical violence on me last weekend and the police suggested a restraining order. Am I afraid of him? To some extent, yes. If I do pursuit a res… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
I was recently charged with assault against an officer over
I was recently charged with assault against an officer over the weekend and I am in the Army National Guard. I am also in the ROTC program at Rutgers University and it is my fourth year. Long story sh… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Can an officer with an active duty service obligation be
Can an officer with an active duty service obligation be chaptered out of the Army? If so, how long does the chapter process typically take? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I am aware of military Field grade officer whose TDA
I am aware of military Field grade officer whose TDA position is that of operations officer has been informing personnel subordinate to him and others around the installation that he is the Installati… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I am a Navy officer intending to submit a resignation
I am a Navy officer intending to submit a resignation request … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I am a Naval Officer and I will have to go to a BOI in
I am a Naval Officer and I will have to go to a BOI in probably about a year.. Can you help with questions. I have … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I am an Officer with 12 years service and have had
Hi, I am an Officer with 12 years service and have had unforeseen circumstances that have given rise to possible family care plan issues in my current assignment. Recently had a restraining order from… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I'm wondering if an officer in the Navy can date an enlisted
Hey! I'm wondering if an officer in the Navy can date an enlisted person in the Coat Guard. … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I'm a Naval officer with 17.5 years of service. I was just
I'm a Naval officer with 17.5 years of service. I was just informed that I'm being taken to mast for an incident that occurred 9months ago. I was arrested for a golf cart DUI, but never charged by the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Can military officers get discharged for getting a girl
Can military officers get discharged for getting a girl pregnant? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
My husband is a high-ranking military officer in the United
Hi! My husband is a high-ranking military officer in the United States Navy, last year I am a neighbor in military housing called and reported concern of CPS over the fact that my child had Chito desk… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
Trying to determine how to remove a njp from an officer
trying to determine how to remove a njp from an officer selection record … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
If an officer was ordered to active duty for the purpose of
If an officer was ordered to active duty for the purpose of being placed into the Regular Army Orders State Comp RA and Authority 10 USC 531, but latter a DA Form 71 could not be located and it was de… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 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