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If I’m under investigation for adultery and my battalion…

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If I’m under investigation for...
If I’m under investigation for adultery and my battalion commander wants me to sign a mpo does that means he want to NJP me.
Submitted: 6 months ago.Category: Military Law
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Answered in 2 hours by:
12/29/2017
Military Lawyer: Allen M., Esq., Lawyer replied 6 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,567
Experience: Lawyer and current JAG officer.
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Not necessarily, no. One has nothing to do with the other. A commander can have you sign an MPO whether or not they intended to NJP. I've seen many commanders have an MPO signed, but then only counsel or take no action at all. I've also seen a commander MPO someone and then court martial them or administratively separate.

There just isn't any specific legal connection between an MPO and any other legal action for us to KNOW what the commander is thinking. Yes, it certainly is an indication that your command is taking the investigation seriously, but that is really it.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 6 months ago
Well I just signed the mpo and it wasn’t dated for today it was for 12/18/17 for a period of 90 days and she’s tried to contact me should I notify them
Customer reply replied 6 months ago
Or can I get the date changed
Military Lawyer: Allen M., Esq., Lawyer replied 6 months ago

Yes, you should contact command and let them know. As for the date, I'd leave it unless they want to change it.

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Customer reply replied 6 months ago
I got interviewed and didn’t waive my rights. I was talked to by my battalion commander he kept stating how he was just ready to wrap it up and as a drill instructor your campaign cover is usually taken when under investigation. None of that happen. Can I take this as a good sign and will they question me about her contacting me or subpoena my phone and phone records based off his assumption
Military Lawyer: Allen M., Esq., Lawyer replied 6 months ago

If the command is saying they want to move on, then yes I'd say that is a good sign.

They certainly may question you based on any information that you give them. If you'd rather not talk about the conversation, don't tell them that she contacted you.

They can get a warrant for your phone, if they want to.

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Customer reply replied 6 months ago
Yea I’m not going to does it make her look guilty or me cause neither one of us wanted to talk to the IO. I told him I would love to talk but lawyer told me not to and there’s really nothing to talk about to be honest
Customer reply replied 6 months ago
When you say MPO and counseling what type of counseling
Military Lawyer: Allen M., Esq., Lawyer replied 6 months ago

A counseling statement. Sometimes, when command gets wind of something like this but doesn't really believe it or there isn't enough evidence, they'll counsel the person with an official counseling statement that goes in your local file for a little while.

It's just there to cover their butt, in case more evidence shows up later or there are other issues in the future.

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Customer reply replied 6 months ago
Is an mpo normally 90 days
Military Lawyer: Allen M., Esq., Lawyer replied 6 months ago

There really is no "normal" with an MPO. It is whatever the commander chooses. I've seen a few at 90 days, sure. I've seen the 180 days, 30 days, 45 days.

It just depends on what the commander wants.

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Military Lawyer: Allen M., Esq., Lawyer replied 6 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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