Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was given a counseling with a recommendation for an

Customer Question
I was given a...

I was given a counseling with a recommendation for an artical 15. It was because i was 8n the gym at 1800 with out a fresh shave. Ie 5 oclock shadow. The sgt major was the one who caught me.

Lawyer's Assistant: Are you overseas or stateside?

Oversees

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

I havr an early 4am towershift so i wake early and by 1800 i have some wiskers

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

Yeah my platoon sgt was called and my section sgr was the one who wrote the counseling. I was wondering if i should requests a trial by court martial if they try and artical 15

Submitted: 7 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 7 hours by:
12/31/2017
Military Lawyer: Allen M., Esq., Lawyer replied 7 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,621
Experience: Lawyer and current JAG officer.
Verified

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.

Demanding trial by court martial is always dangerous, because you are flirting with a federal conviction over something so stupid. At Article 15, a commander would be deciding what to do here. I would suspect that a commander and the JAG in this case would talk and that an Article 15 wouldn't really happen. I hear senior enlisted threaten them all the time, but they don't control this. Commanders do and commanders would be talked out of this by JAG.

However, if they do proceed, you can demand trial. The problem there is that your defense here does not address the rule concerning dress and appearance. Nothing in the rule says "shave once and day and you're good." It states that you must be clean shaven while in uniform. We had people have to bring a shaver to work, because they would need to shave again by the afternoon, if they were on a longer shift.

The point here is that your defense really goes more to why you shouldn't be punished very much; not to "not guilty" and if you demand trial by court martial, you could very well be convicted but lightly punished. The conviction would kill your career and civilian prospects too. It would be better to take an Article 15 and make the same argument to your commander.

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.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 7 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.

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,621
20,621 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

15,273 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

20,621 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I've been asked to take a polygraph in conjunction with a
I've been asked to take a polygraph in conjunction with a sexual assault charge brought against a Soldier temporarily under my charge during an exercise OCONUS. Soldiers also exposed themselves to oth… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
My son is in the New Mexico National Guard. He has moved to
My son is in the New Mexico National Guard. He has moved to Texas and has a baby that was just born in January. He wants to get out of his contract because it has become a financial hardship for him t… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I joined the Army in 2005 with two enlistment bonuses on my
I joined the Army in 2005 with two enlistment bonuses on my contract, each for $4000, totalling $8000. After completing AIT and reaching my permanent station, I had never received any portion of this … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hey im 6 mons away from my separation but wiuld like 2 get
Hey im 6 mons away from my separation but wiuld like 2 get out or have my command change i have been having depression and anxiety problems specially because we are getting underway and i realize the … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,621 satisfied customers
I've explained to my commander that my sister has been diagnosed
I've explained to my commander that my sister has been diagnosed with cancer and its best if I go home. I've been having mental break downs. But they refused me to refuse to train. What do I do?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
i got an injury while in basic training at Ft. Benning in 1988.The
i got an injury while in basic training at Ft. Benning in 1988.The drill sergeant did not allow me to get seen at base.Now i have aurtheritis on my right hip.It started acting up that winter in 88 i g… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I was separated from Air Force basic training with a ELS code JDA re-enlistment of 4-e for
I was separated from Air Force basic training with a ELS code JDA re-enlistment of 4-e for fraudulent entry (I didn't disclose I took medicine for ADHD when I was younger). Do I have to disclose to em… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son enlisted last year into the ANG He was told by his
My son enlisted last year into the ANG He was told by his recruiter not to say anything about the occasional use of an exhaler they found one in his back pack today when they were searching everybody … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,621 satisfied customers
My wife was active duty military officer had an affair with
My wife was active duty military officer had an affair with married boss active duty military senior officer. They were initially turned in and a preliminary IG investigation determined evidenced was … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Guam is a US territory per the Organic Act; it is not a state.
Guam is a US territory per the Organic Act; it is not a state. Guam has a Right-to-Work law. Does Guam's Right-to-Work law apply to civilian employees working exclusively on a military base on Guam? T… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
How do I protect my child from a paternity claim when my child
How do I protect my child from a paternity claim when my child is almost 4 and he hasn't seen the child since the age of 3 months and hasn't provided any support since the age of 14 months of age.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I was married to a military person 13-1/2 years. In
I was married to a military person for over 13-1/2 years. In our divorce decree it states "Husband agrees to pay directly to wife in one monthly installment an amount not less than twenty-five percent… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Can I re-enlist in the Air Force with a re-entry code of 4E?
Can I re-enlist in the Air Force with a re-entry code of 4E? (I am getting mixed answers for the internet) If there is any issue, what can I do to fix it and get back in?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am receiving a summarized article 15 for a counseling that
I am receiving a summarized article 15 for a counseling that was made approximatly 7 months ago down range. and the person that wrote it is no longer in the unit. As well as a counseling that was writ… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Can a soldier be restricted to the barracks building through
Can a soldier be restricted to the barracks building through a counseling statement from a commissioned officer but no article 15. Can a soldier have their cell phone seized without consent in off dut… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am getting my first Field Grade Article 15 for Adulterous
I am getting my first Field Grade Article 15 for Adulterous Acts. I was not told what my acts were, but on my defense i am in the middle of a divorce, whose husband refuses to sign the divorce papers … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
Do I have the right to a lawyer during a negative developmental
Do I have the right to a lawyer during a negative developmental counseling when I feel I am being retaliated against because I filed a congressional letter?… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
Can I get out on a family care plan My son was born last month.
Can I get out on a family care plan? My son was born last month. When I was pregnant my mom said I could put her down for the fcp, but since then she's had to get a new job where she's on call 24/7 an… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x