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I'm being charged with article 134 fraternization. I

confessed I'm an O-1E. She...
I'm being charged with article 134 fraternization. I confessed I'm an O-1E. She was an E-4. Currently on terminal. What do I face. I am told I'll see the co who is a cdr
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2/9/2016
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,971
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

You mention "currently on terminal"....who is? You? Her?

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Customer reply replied 2 years ago
She is on terminal. I am an LDO 0-1E. With a year and a half of commission time and 10 and half years of total service.

What you are describing is a crime.

What do you "face"...that depends on many factors. Would it help to discuss this over the phone? I sent an offer and if you accept we can discuss over the phone.

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Customer reply replied 2 years ago
I would like to know punishment what do I face if it's held at NJP and the Commanding Officer is an 0-5. No one seems to know the answer being I am an LDO

The maximum punishment is 5 years in jail, total forfeiture of all pay and allowances and dismissal from the armed services at court martial.

At NJP? The max punishment is really insignificant...really not of any significance....the issue will be the BOI. IF you go to NJP the next step, AFTER the find you guilty, will be to send you to a BOI (board of inquiry) where you can be separated with an OTH discharge

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.

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Customer reply replied 2 years ago
once NJP is over it goes to BOI regardless. If I understand correctly NJP is just the first step. Once I'm guilty at NJP then I'll go before BOI and wait until more than likely separation? Or can it stop at NJP?

What you are describing? If you are found guilty at NJP (and if you go to NJP, it is a good bet you will be found guilty at NJP), then yes...you can count on a show cause hearing.

It is the 3 star that decides...but for a crime like you are describing? I would fully expect a show cause hearing.

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.

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Customer reply replied 2 years ago
I was informed today I will see the XO followed by the CO at the end of the week. So. I assume being charged with fraternization and seeing the CO it will be NJP.

I agree...and I would be much more worried about the pending BOI than whatever punishment is administered at the NJP

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.

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Customer reply replied 2 years ago
I am just trying to make sure i understand everything. Nothing has been clearly explained to me. So I need a grasp of what's a head.

I understand. Happy to answer questions here...but frankly, it may be easier to do so over the phone.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,971
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 2 years ago
more to follow at the end of CO NJP. Is what I was looking for.

Again, the NJP should not (in my opinion) be the focus. It is the BOI that you need to be focused on...that is the action that can remove you from the Naval Service (I am assuming you are either Navy or Marine by the terms you are using)

After the NJP, the package will be sent to the 3 star. They make the show cause decision.

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.

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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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