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I was charged with a felony and will take a plea deal. The…

Customer Question
I was charged with...

I was charged with a felony and will take a plea deal. The Navy is "requesting" (read insisting) I resign my commission and that it result in "other than honorable" discharge (or face a board). They say this is non-negotiable (the discharge status). They have given me the exact text of the letter to send them. What options do I have?

Lawyer's Assistant: Are you overseas or stateside?

Stateside. I should have mentioned I'm a reservist/SELRES.

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

They will not talk to me now since JAGs are involved.

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

That about covers it.

Submitted: 3 months ago.Category: Military Law
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Answered in 14 minutes by:
1/5/2018
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,641
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

I am sorry for this dilemma. But not sure I understand your specific question. It's very hard for us to answer a question like "what are my options" and provide you with helpful information. I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

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Customer reply replied 3 months ago
The JAG involved is telling me that an "other than honorable" discharge is non-negotiable as text required in my resignation letter. I'm sure if I refused to send the resignation letter that they would hold a BOI and end in the same result. I'm am OK with the separation, but I'm wondering if I have any way to push back for a "general" discharge. I'm sure the JAG's "non negotiable" comment is a leverage position to some degree, but he does seem to have all the cards in this situation. Does that help?
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

SO what is the status of the BOI? Has one been scheduled? When is it set for?

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Customer reply replied 3 months ago
No board scheduled. JAG stated I should resign to save the Navy the expense and hassle of holding the board. I'm sure board would not go in my favor.
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Thanks
YOu have an absolute RIGHT to a board. And if the commander (the 3 star "show cause authority") will not negotiate with you? I would take the board. If you can convince the board to recommend a general discharge, that i what you will get.

Bot***** *****ne: the commander is NOT required to give you a general...but you are not required to waive your board. So take this to a board and work with your attorney to try and get a general discharge.

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.

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Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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