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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20393
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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If you've been waiting for punishment for 3 months then they

Customer Question

If you've been waiting for punishment for 3 months then they spring an article 15 on you.. can they wait that long to do this
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Have you talked to anyone in the chain of command about this?
Customer: It just came to me I didn't ask TDS yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Military Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for your question, however, I need a bit of clarification of your facts. What do you mean by "waiting for punishment" for 3 months? Do you mean you were allegedly involved in some sort of misconduct 3 months ago and the Command has taken 3 months to bring you to an Article 15? If not, please explain what you mean.

Customer: replied 9 months ago.
I first signed the counciling in July and was just told today I was going for my first reading
Customer: replied 9 months ago.
Expert:  Marsha411JD replied 9 months ago.

I am typing as fast as I can. Please be patient

Expert:  Marsha411JD replied 9 months ago.

Thank you for your reply. Yes, the Command can do this. There is actually a two year statute of limitations under the UCMJ (Article 43), for NJP (Article 15) hearings. So, as long as a Command brings the servicemember to an Article 15 within two years from the date of the alleged misconduct, they are acting within the law.

Please feel free to ask follow up questions if you have them. If none, please reply to this answer and let me know that I have answered your question and also, if you can take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 9 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. 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 received neither.

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. 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: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.