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Can I be given an article 15 for missing staff duty I wasnt…

Customer Question
Can I be given...

Can I be given an article 15 for missing staff duty I wasnt originally assigned and also told prior I wouldn't have to do by my E-7 platoon sergeant with less then 12 hour notice

Lawyer's Assistant: Are you overseas or stateside?

Stateside at fort irwin

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

I am being read my article 15 today in a couple of hours but everyone I talk to tells me to fight it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that should be all

Submitted: 8 months ago.Category: Military Law
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Answered in 4 minutes by:
9/21/2017
Military Lawyer: Marsha411JD, Lawyer replied 8 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,825
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for your question. Were you ordered to staff duty or not? (I understand the prior conversations, but what happened after that? Did someone tell you to report after you spoke to your Platoon Sargeant?) What specifically are you being charged with (Article number)?

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Customer reply replied 8 months ago
That situation goes as follows. Wednesday I pulled a duty in place of another soldier in a result my sergeant told me I wouldnt be called on for staff duty on Friday. With that being said that Thursday was the start of our 4 day weekend and I had put in a mileage pass to go to el centro California (approximately 400 miles from base) I received a text message @ 11pm that Thursday night saying I have staff duty in the morning. I had been drinking heavily that night and was in no shape to drive back to base. After reading that I was very confused. When I spoke with my platoon sergeant he replied " too f**king bad and it sucks to be you". I am receiving a summarized article 15. Is there a way to fight it?
Military Lawyer: Marsha411JD, Lawyer replied 8 months ago

Thank you for that information, it was helpful. If you received a lawful order to report for duty, then you could be charged with Failure to go to your appointed place of duty, if you did not report and did not get someone senior to the person who gave the order to countermand it. This is despite having been given a mileage pass.

That said, you can certainly respectfully ***** ***** side of the facts to the Officer at your Article 15. That might mitigate your punishment, but just based on the facts you provided, you wouldn't have a legal defense. If you still want to appeal any punishment you receive, you can after your Article 15 and maybe the GCM authority will suspend your punishment or set it aside just for principle and not on the facts. Of course, you can always refuse your Article 15 and demand court-martial, but you will want to speak to the local JAG Defense attorney before doing that because you risk a lot more, especially based on your facts, by doing that then taking the NJP and presenting your mitigation facts.

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 on this page for providing you with the relevant information, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 8 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 21st. 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.

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