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How can I get my rank back, I am in the usmc and I got NJP…

Customer Question
How can I get...

How can I get my rank back, I am in the usmc and I got NJP in july 2017

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

I have and they told me that there is nothing i can do

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

I got my NJP because i denied orders to Okinawa, japan for a one year unaccompanied tour, my wife is pregnant and we are about to have our first child i denied the orders for that and my wives history of depression, i have 8 months left in the marine corps and i would like nothing better then to be a CPL again before i get out

Submitted: 7 months ago.Category: Military Law
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Answered in 32 minutes by:
10/5/2017
Military Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,818
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for your post. Did you appeal your NJP? If so, what was your basis and the specific result? If not, did you request that the CO suspend your reduction in rate?

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Customer reply replied 7 months ago
I did appeal the NJP, and my base CO said “I just got here and I don’t want to step on anyone’s toes or judgement” he had just had his change in command two weeks prior to my NJP
Military Lawyer: Marsha411JD, Lawyer replied 7 months ago

Thank you for your reply, although it wasn't completely responsive to my questions. In an effort to save some time, I will address the general issues and if you have follow up questions based on the information I don't have, then you can ask those and provide that information. In any event, if you formally appealed the NJP, that is the end of the line in terms of your punishment. In other words, whatever the GCM authority decided on your appeal, stands.

You now have the option to request that your CO suspend your reduction in rate, or you can see if your chain of command will support an early meritorious promotion for something outstanding that you have done since your reduction. That last option is not likely to succeed, but it is one of only a few options. The other way to be promoted is, as you probably know, to wait until you are eligible again like everyone else at your current rank. You need to be working with anyone in your COC who supports your efforts.

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 of my efforts to explain the rules as they relate to your question, the Site will then give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 7 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 6th. 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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