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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: 4 months ago.Category: Military Law
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Answered in 6 minutes by:
3/11/2018
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,479
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 4 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 4 months ago
What are rights, if I want to stay in the Army and not receive a chapter?
Military Lawyer: P. Simmons, Military Lawyer replied 4 months 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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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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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).

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