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I am stationed in Korea, and was tried in Korean court for…

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I am stationed in Korea...
I am stationed in Korea, and was tried in Korean court for obstruction of justice. I didn't see the officer come up behind me, and my first thought was someone was trying to rob me and I turned to push them off me. With that being said, they arrested me. When this happened, I did receive a counseling statement with restrictions. Went to court they gave me a suspended sentence.now the Army wants to chapter me, I didn't receive any article 15, I would like to continue service. What are my options?
Submitted: 1 month ago.Category: Military Law
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Answered in 6 minutes by:
3/11/2018
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,632
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 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.

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Customer reply replied 1 month ago
What are rights, if I want to stay in the Army and not receive a chapter?
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

There is not one.

There is no "right" to "not receive a chapter".

At all.
If your commander (battalion commander) believes you committed criminal misconduct? They can start the chapter process.

You do have rights...but the rights ONLY kick in AFTER the chapter starts.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you have a right to refuse the chapter, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,632
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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