Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

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: 1 month ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 14 minutes by:
1/5/2018
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,966
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Military Law Question
Military Lawyer: P. Simmons, Military Lawyer replied 1 month 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.

Ask Your Own Military Law Question
Customer reply replied 1 month 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 1 month ago

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

Ask Your Own Military Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Military Law Question
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,966
35,966 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons 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

35,966 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 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 am at the end of my PEB process in the Navy. I was put on
I am at the end of my PEB process in the Navy. I was put on report and had my Admin Separation on Thursday. They decided to separate me with an OTH. Now I know that a flag officer has to make that dec… read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
Separated in June 2014 with honorable discharge but under
Hello, separated in June 2014 with honorable discharge but under narrative reason it states unacceptable conduct. I am currently researching whether it is worth it or not to pursue a board in order to… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
This is a navy rank / responsibility question. What do the
second opinion] This is a navy rank / responsibility question. What do the initials CDC represent for a Navy officer on a ship? And what are the responsibilities for that position?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
This is a navy rank / responsibility question. What do the
This is a navy rank / responsibility question. What do the initials CDC represent for a Navy officer on a ship? And what are the responsibilities for that position?… read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
My son is in the Navy and is stationed in Lemoore, CA and
My son is in the Navy and is stationed in Lemoore, CA and just informed me that he was arrested and received a DUI last night (off base). He said the officer informed him that he was being pulled over… read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
My son was given an uncharaterized discharge fromthe navy
my son was given an uncharaterized discharge fromthe navy with re 4 re-enlistment code, he said he got this because of a fight … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I will be separating from the Navy in a year. This is my
Hi, I will be separating from the Navy in a year. This is my second enlistment. Will I have to do any reserve time after and/or is there a time frame where I may be recalled? … read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
I was recently discharged with entry level separation,
I was recently discharged with entry level separation, fraudulent enlistment from the Air Force because of a history of self harm and unstable mental illness. I exaggerated because I wanted to get hom… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I found out that my father was discharged from navy do to
Hi I found out that my father was discharged from navy do to his illness when he was stationed on ship but was fulfilled for land duty. They never gave him a chance for land transfer opting for discha… read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
I am a Navy Officer facing a General Discharge/ADSEP on the
Greetings, I am a Navy Officer facing a General Discharge/ADSEP on the basis of an NJP awarded 12 months ago. The charges were article 92 and article 133. I had an attorney to appeal the NJP decision … read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
My son is in the Navy and is going to be separated in 2
My son is in the Navy and is going to be separated in 2 weeks which is just 3 weeks prior to the end of his 5 year contract. He wants to continue his career . He is being separated for failing his wei… read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
My son was separated at navy boot camp for an anxiety attack
My son was separated at navy boot camp for an anxiety attack 5th week. He sating they are telling him he wull be getting a r2 what are his options? … read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
A person with an honorable discharge with a separation code
A person with an honorable discharge with a separation code KGF qualify for a VA loan ? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was discharged 5 years ago from the Navy, for a commission
I was discharged 5 years ago from the Navy, for a commission of a serious offense due to refusing to renounce my dual-citizenship with another country and for renewing my passport with that country.(c… read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
Navy. going through a separation. BAH is 1700-ish, no kids
Navy. going through a separation. BAH is 1700-ish, no kids and in VA. We have a home together but I no longer stay, how much am I afforded to pay until divorce is finalized...? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
My son is being separated from the navy with code 2307. He
My son is being separated from the navy with code 2307. He was told my medical and legal that he can re enlist but has to wait 6 months. Do you have any information on that? … read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
In the U.S navy if someone negligently discharges a firearm
In the U.S navy if someone negligently discharges a firearm without injury will he/she be punished? … read more
P. Simmons
P. Simmons
Military Lawyer
35,966 satisfied customers
I was discharged from the Navy with a general discharge
Hello my name is***** was discharged from the Navy with a general discharge under honorable conditions. I have an RE-4 separation code. Since I was discharged I have had my discharge changed to Honora… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 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