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I recently made the reserve Maj board. But the DA is stating…

I recently made the reserve...
I recently made the reserve Maj board. But the DA is stating that they emailed me saying they flagged me for an art 15 that I received in 2008. Now they want me to rebuttal and send a letter to the president of the board explaining my art 15 so they decide to lift my flag for promotion or not. Is this situation worth my effort to move forth or best that I resign my commission.
CPT hill, Arlene
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7/8/2016
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,986
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. Can you tell me what the Article 15 was for and whether you appealed the punishment at the time? I assume you weren't sent to a BOI after your NJP, correct? Why would you resign?

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Customer reply replied 2 years ago
I was a 1LT in Iraq. Was for fratnerization. I did not receive a go mar. Just reduction in pay for 15 days I believe. And was told it would be in my restricted file. DA stated they will open up my art 15 and review the contents. I guess because they are downsizing I feel they will not promote me. And I would have to get out anyways.

Hello again and thank you for your reply. First, it cannot hurt you in any way to try to explain the situation if you think there is a way you can do so without placing blame on anyone but yourself (assuming the fraternization did occur). For example, if you can convince the DA that this was a one time slip in judgment that came at a time where you were vulnerable, and if you have an otherwise stellar record, you may be able to get your flag lifted. That said, it is pretty unusual that you weren't sent to a BOI with a fraternization NJP. But, you weren't and that is good for you.

I don't see the need to resign unless you want to. If you fail to promote twice, then you might be involuntarily separated, but the longer you wait, you may qualify for separation pay. So, unless you know something I don't about your situation, I wouldn't say you need to resign.

Please feel free to ask for clarification if needed. If none is needed, 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
Ty for you response. I was honest with my response. I was young and well fell for a CPT at that time. I will submit a rebuttal letter to the board

You're very welcome and best to you!

Marsha411JD
Marsha411JD, Lawyer
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