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How does a command have to process an NJP appeal? It's been…

How long does a...

How long does a command have to process an NJP appeal? It's been over 4 months and I haven't seen documentation saying whether or not the NJP was upheld and nothing has posted to my OMPF or any record for that matter. And during the NJP I received a Letter of Reprimand. If it gets posted to my OMPF what will that do to my clearance? I've already updated my Security Officer, and provided this information on job applications, but also caveat it that it's currently under appeal. By the way, I'm a Navy Reservist and the clearance was obtained through my civilian job.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

MD

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I'm in a different chain of command now that I'm off of active duty, as this happened when I was mobilized/active duty status

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7/19/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,932
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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There is no rule that covers this...so, in theory, the command could take months to process the appeal. Though this is not common.

If this happened while you were in an active duty status and you are no longer on active duty, it may be this "fell through the cracks" and did not get processed. You can certainly contact the command and inquire as to the status.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 10 months ago
If it's this "fell through the cracks" scenario and I went through a promotion board, IF they decide to put this in my permanent record could they revoke my promotion if I were to be selected (on the Navy Reserve side)? Also, if it did "fall through the cracks", do I want to shed light on the subject?Additionally, how does this effect my clearance? It was maltreatment and dereliction of duty I was found guilty of at NJP.

Is it possible to revoke your promotion based on the error (assuming that there was never a record of the NJP entered into your record)?

Sure...that is possible. If there was an error made, the command can correct the error...and that could include revoking a promotion warrant. That said, if the promotion was effected (they actually promoted you)? It would be highly unlikely they would reverse that.

As for your clearance? That is up to DONCAF (the Dept of Navy Central Adjudications Facility)...what you are describing, it does not sound like a basis for a revocation of the clearance, as you are describing minor misconduct

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 10 months ago
the DONCAF is the one that adjudicates this even though my clearance was obtained on the civilian side? And because of their delay in putting this information in my record could be grounds for them to revoke my promotion warrant even if I'm not in their command anymore? Wouldn't they need a current reason for me to be removed or delayed the promotion?

You may have a separate adjudicating facility if the clearance was obtained outside DON. Your security manager can tell you who has this authority.

IF they have not yet promoted you? Then they can withdraw the promotion...you have a right to respond in writing and the promotion authority will decide. This is very common for cases where a promotion was awarded but a mistake was identified prior to the promotion taking effect

IF they already promoted you? Then it is more complex...they have to go to the promotion authority to withdraw the promotion...it is not a simple process and I would be surprised to hear that they are embarking on it.

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Customer reply replied 10 months ago
Last question regarding the promotion. IF they decide they want to proceed with withdrawing the promotion, must this be done in an expedited fashion/when the selection announcement comes out or do they have all the way until I put on rank?

They can hold at any time PRIOR to you pinning on rank. Again, you would have a right to respond to the promotion authority in writing if they do delay the promotion.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,932
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Customer reply replied 10 months ago
Thanks for the inputs!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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