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Can you receive a GOMAR and a FG Article 15 same offense?

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Hello, Can you receive a GOMAR...
Hello,
Can you receive a GOMAR and a FG Article 15 for the same offense?
Submitted: 2 years ago.Category: Military Law
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Answered in 7 minutes by:
1/27/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,624
Experience: Lawyer and current JAG officer.
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, you can receive both for the same offense, as neither is a criminal law action, so the concept of "double jeopardy" doesn't apply. In fact, a person can get an GOMAR, Article 15, referral evaluation and administrative discharge, all for the same offense or offenses, as each step is administrative and not criminal.

Now, that being said, I have seen instances where defense has successfully argued that due to the GOMAR, no reprimand can be issued as a punishment in the Article 15 too...because that is essentially the same punishment. However, nothing precludes getting a GOMAR and Article 15.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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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.

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