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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34960
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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In March/April time frame I texted some people in my unit

Customer Question

In March/April time frame I texted some people in my unit who I had numerous discussions regarding religion. The first text was, to paraphrase, "Bitches tomorrow it's Sunday better have my 10% ready, dying for your sins isn't cheap." They thought it was funny as they told me, no objections etc. The next Sunday I sent another such message to the same individuals stating "If you believe a Jewish carpenter died for your sins, Happy Easter." Next Sunday I sent a text, something about needing $ for a $65 million jet...no objections and they thought it was amusing. After that I realized it wasn't funny but stupid and didn't send anything more; that was April timeframe. In July one of the 4 individuals I sent a text to was insubordinate at a PT session, as this was not her first time, and I wrote her a counseling for that. In August she filed an EO complaint; as a result I got a poor review on my NCOER, and was recommended by my 1SG for a Field Grade Article 15 and am therefore facing QMP. Th
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Looks like your question was cut off...I can see this

In July one of the 4 individuals I sent a text to was insubordinate at a PT session, as this was not her first time, and I wrote her a counseling for that. In August she filed an EO complaint; as a result I got a poor review on my NCOER, and was recommended by my 1SG for a Field Grade Article 15 and am therefore facing QMP. Th

and nothing else

would it help to chat on the phone...I can make that happen for $10.

Customer: replied 1 year ago.
In March/April time frame I texted some people in my unit who I had numerous discussions regarding religion. The first text was, to paraphrase, "Bitches tomorrow it's Sunday better have my 10% ready, dying for your sins isn't cheap." They thought it was funny as they told me, no objections etc. The next Sunday I sent another such message to the same individuals stating "If you believe a Jewish carpenter died for your sins, Happy Easter." Next Sunday I sent a text, something about needing $ for a $65 million jet...no objections and they thought it was amusing. After that I realized it wasn't funny but stupid and didn't send anything more; that was April timeframe. In July one of the 4 individuals I sent a text to was insubordinate at a PT session, as this was not her first time, and I wrote her a counseling for that. In August she filed an EO complaint; as a result I got a poor review on my NCOER, and was recommended by my 1SG for a Field Grade Article 15 and am therefore facing QMP. This is an isolated incident, I have been in almost 9 years have never been in trouble, no negative counseling and because of this I am facing a ruined career. I have never held anyone back from attending religious services; in fact I have given information on times and locations on different Christian religious services, bible classes and have referred people to the Chaplain. On the other hand people in my unit have told me I need to start believing and am wrong for not, and therefore need help and have no morals and values as a result.Any assistance you can provide in this matter would be greatly appreciated.
Expert:  P. Simmons replied 1 year ago.

Thanks
Do you have a specific question about this?

Customer: replied 1 year ago.
Should I accept the Field Grade Article 15 or go to court martial?
Expert:  P. Simmons replied 1 year ago.

Thank you

What you are describing? I would NOT go to court martial. If you are texting a subordinate regularly (and more than one time would constitute regular) that can be considered fraternization or at a minimum dereliction of duty. Both are a violation of Art 92, UCMJ.

It is true that if you elect to refuse Art 15 and go to court, that the government has a high burden of proof (they have to prove the violation of the UCMJ "beyond a reasonable doubt")...however, IF you are convicted at court martial? That is a federal criminal conviction. It would show up, on a background check as such (as a criminal conviction). As well, if convicted at court, you would face a potential Bad Conduct Discharge...if you receive a BCD you loose all VA benefits.

I would take Art 15, apologize, and hope you can avoid chapter processing.

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.