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I think Im being investigated oversight of a navy program.

Hi I think Im being...
Hi I think Im being investigated for aministtative oversight of a navy program. What are my rights?
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2/12/2016
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,826
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for your question, however, I need some clarification of the question and some brief facts to put it in perspective. Do you mean you're being criminally investigated and if so, by what agency specifically? Also, what is the alleged misconduct? Finally, are you a civilian DOD employee or active-duty military (rank and service please)?

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Customer reply replied 2 years ago
I committed an admin oversight in which a piece of equipment authorized for the Navy PRT was not available on the army base which I'm stationed so I had everyone use what was available. I didn't realize the gravity of the offense until later on. I'm active duty and have 6 months left in the Navy. I think I'm being investigated at least that's what someone overheard. I've never been in any trouble before. What am I looking at? NJP? LOR? And everyone is acting all 'funny'. What's likely to happen and do I need an attorney? What are my rights?
Customer reply replied 2 years ago
That's not a criminal offense. Is it? My career is over anyway and I understand there's gonna be so embarrassment coming my way but I have a family to think of and I didn't do anything malicious or endanger anyone.
Customer reply replied 2 years ago
My rank is Chief Petty Officer.

Hello again and thank you for your reply. I am still not exactly sure what the genesis of the investigation is. In other words, although I understand you are saying that you committed an "admin oversight" you don't say exactly what you were supposed to do and didn't and what the consequence was. That information is key in being able to predict where this might go. So, without that information I am shooting in the dark. But, assuming that you were being investigated for dereliction of duty, and no one was hurt (although I still am trying to figure out what the harm here was), that would usually result in a counseling or perhaps an NJP, if this was something really serious that hurt someone. Assuming no one was hurt and your record is not full of counseling chits or misconduct, this wouldn't end your career early.

As far as your rights go, you have the right to decline to make a statement if you are asked to give one and if you are given your Article 15 rights, you can speak to a local JAG about whether or not to accept or decline NJP. If you decline, then the Command could send the case to court-martial. If it is really minor, they may not do that. A local JAG will know more about the Command and what they would be likely to do since they would have seen their pattern of action with military justice issues.

Please feel free to ask follow up questions if you have them. If you do, please provide enough information so I can address the question. If you don't have any further follow ups for me, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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Customer reply replied 2 years ago
Well, apparently there are only "navy approved" bikes that members can test on and the bikes were not navy approved. I was supposed to bring this to the commands attention and I didn't. The bikes were used and documented as a navy approved bike. No one was hurt. But I know its bad. Like I said, I have a spotless record and I have already been approved for fleet reserve (retirement). So, if im brought in for questioning I can decline to speak? Do I just say that?

Thank you for that information. Yes, this would likely be a dereliction of duty case, if any charge were to come of it. Based on the information I have, I just don't think this is going to have any effect on your retirement. But yes, you can refuse to make a statement. If you are suspected of violating the UCMJ, which dereliction of duty is, you would have to be given your Article 31b rights, which include your right to remain silent. You simply say you don't want to make a statement. Don't say anything though if you do invoke. And again, you can speak to a local JAG about your case if you are charged.

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Customer reply replied 2 years ago
Thanks...your service and advice was worth every penny.

You're very welcome. If you could leave a positive rating in the ratings box above (let me know if you don't see it), I will receive credit for working with you.

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,826
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Customer reply replied 2 years ago
Will do.
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Marsha411JD
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Category: Military Law
Satisfied Customers: 20,826
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Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

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