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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20395
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Choose an Expert and type your question here...another NCO

Customer Question

Choose an Expert and type your question here...another NCO from my unit was pulled over for a suspected dui and I panicked and attempted to run. I stopped for the police, they ran my info, called me an idiot, and told me to call a cab. I didn't think my name would come up, so I didn't pass it up to my coc. The other SSG, told the coc that a friend was with him and didn't give any name. About a week later, my coc requested the police report and my name was in it. I was counseled and told that I would receive an article but that my first line commander (Colonel) is deliberating on the level of punishment for me. My question, what can be done to me legally, military wise? I didn't receive any ticket or anything from the police, and I didn't lie about anything... ive never been in any trouble and i have nothing on my record.
thank you for your help.
Submitted: 11 months ago.
Category: Military Law
Expert:  Marsha411JD replied 11 months ago.


Thank you for the information and your question. Can you tell me what the police report said that you did? In other words, did you attempt to resist arrest, disobey and order to stop, flee the scene, or what? What is your rank and Service?

Customer: replied 11 months ago.
The report states that I attempted to flee the scene. But like I said, it was off post and I was not cited. SSG Army
Expert:  Marsha411JD replied 11 months ago.

Please give me a minute. The Site system is not functioning properly and I just lost all of my work.

Expert:  Marsha411JD replied 11 months ago.

I apologize for the delay in getting back to you. The Site has not been working properly. In any event, since you are an active-duty servicemember, the UCMJ applies to you and what you do 24/7 no matter where you are. So, the fact that this happened off post makes no difference. Also, the fact that the civilians are not charging you with a crime does not mean your Command cannot. They are two different sovereigns, so they can dispose of the issue differently and separately.

That said, I am not sure what the Command would be charging you with and you don't say if they told you specifically. I suppose, they could charge you under the General Article 134, conduct that brings discredit on the armed forces. Or, resisting arrest (fleeing) under Article 95. If they do decide to send you to an Article 15 hearing, you can speak to a judge advocate at the defense function first to decide if you will accept the NJP or refuse and then the Command would have to either court-martial you or drop the charge.

As for punishment, you didn't answer the rest of my question when I asked what your rank and service was, so I can't specifically say what you will face as far as punishment. However, below are the potential punishments depending on your rank and that of the officer awarding it. Assuming that the officer awarding it would be an O-4 to O-6, this is the potential punishment.

  • Restriction for not more than 60 days
  • Extra duties for not more than 45 days
  • Restriction with extra duties for not more than 45 days
  • Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
  • Forfeiture of ½ of base pay for two months
  • Reduction by one grade if (USA/USAF E-6 or E-5; USMC E-5 or below; USN E-6 or below); or reduction to E-1 (USA/USAF E-4 to E-2)
  • Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
  • Admonition or reprimand, either written or verbal

You can appeal the NJP if you choose. 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 ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 11 months ago.
Would it be wise to request Court martial? If I get njp, I will get selected for qsp and be released from service if I dont.
Expert:  Marsha411JD replied 11 months ago.

I can't give you advice about whether or not to accept court-martial since I am not your attorney and I don't have all of the facts. Your local defense counsel can give you more specific advice, although they won't tell you what to do either. But at least they can gather more information than I can via this forum and, more importantly, they know the record of your Command with military justice issues. In other words, they will have a better idea how likely your Command is to punish you at NJP or to refer to a court-martial if you refuse NJP. You can go see them once you have received your NJP rights. As mentioned, you can always appeal an NJP if you believe that there wasn't a preponderance of the evidence to prove the particular charge you are punished under.

Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 1st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. I am prohibited by ethics rules from giving you a legal opinion or legal advice as I am not your attorney.

If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.