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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34975
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I took the punishment of corrective actions 5 years ago for

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I took the punishment of corrective actions 5 years ago for an interaction with congressional staff; 5 years later, my commander wanted to use this to support her GOMOR. Is this a double punishment?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Have you talked to anyone in the chain of command about this?
Customer: Not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Would appreciate if you connect me with a lawyer in DC/MD area.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Sorry...what you do mean "double punishment"? What are the two punishments?

Customer: replied 1 month ago.
I took corrective actions five years ago for that incident already, so now they wanted to punish me again with GOMOR. Is that double punishment?

Well...sort of? I agree it is, in essence, double punishment. But it is NOT illegal. This is because a GOMOR is a criminal event...and the rule against double punishment (this is found in the US Constitution) only applies to criminal acts. For example, if you went to a court martial and were convicted and they tried to take you back to court martial? That would violate the constitution

But what you are describing, these are administrative actions...so there is no probation to double punishment

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.

Customer: replied 1 month ago.
Ok. I see. Those are all administrative actions. No court martial involved. Thanks for your answer.

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

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