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My son got into a little trouble and had a court martial.

My son got into...

My son got into a little trouble and had a court martial. The commander wanted him kicked out with BCD. However, the Judge only gave him 3 1/2 months confinement and did not kick him out the military. After serving his time now his commander is harassing him, by:

Lawyer's Assistant: OK. The Military Lawyer will need to help you with this. Have you talked to a lawyer yet?

1. having him answer to more than one supervisor. 2. denying him the opportunity to take classes to better himself. 3. Not following doctors orders and counseling him for not passing part of his PT test. 3. approving his leave then denying it. What can he do?

Lawyer's Assistant: Anything else you think the lawyer should know?

The commander told him that he is going to kick him out and will not give him a chance to stay. My son only have 1 year left and got into trouble 6 months ago. before getting into trouble he was an outstanding solider and is trying to continue to proof himself.

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Answered in 5 minutes by:
7/16/2016
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,569
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.

This is a tough situation, because commanders have so much power in the military. That being said, he does have the option to file an Inspector's General complaint, or IG complaint, to address the harassing behavior. That can have the result of at least lowering the amount of harassment he is facing.

As for him remaining in the service until his time is up, that's not something he can guarantee in any way. While the judge certainly had the right to not separate your son with a BCD, the judge doesn't get to say that your son isn't legally eligible for an administrative separation for the same offenses.

This wouldn't be a 'double jeopardy' issue, because an administrative separation is not a court action, so it doesn't count as a second court action against him. The commander can separate him with a General discharge if he wants to make that happen (assuming the next level commander approves it).

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,569
Experience: Lawyer and current JAG officer.
Verified
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Customer reply replied 2 years ago
His trouble began when he was diagnosed with a sleeping disorder and kept falling asleep at work. He told his command and showed him the paper work from the doctor who diagnosed him. However, they did not care and continued to write him up that's when the court-martial came into play.

I understand. That should have been raised during the court martial as a defense and, in fact, may have been which is why he didn't get the BCD.

However, that isn't really relevant to this present question. His recourse is an IG complaint.

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Customer reply replied 2 years ago
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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