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I am currently under an investigation from my command. Me…

I am currently under...

I am currently under an investigation from my command. Me and a friend of 10 years went on a trip and he is an e-8 and I am an e-6 in the same command. When we first met he was an e-5 and I was an e-4. The command is charging us with artical 92. What can come from this?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

No. I was told that if I was to talk to anyone that they would have to out it in the investigation.

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Answered in 6 minutes by:
3/20/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,690
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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Can you tell me, are you are active duty or a reservist?

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Customer reply replied 4 months ago
Active

What do you mean "what could come of this"? Are you asking how this can be prosecuted?

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Customer reply replied 4 months ago
I am. I mean we have a pre-existing relationship

The "preexisting relationship" is not relevant.

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Are you asking if they can take you to court martial?

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Customer reply replied 4 months ago
is there anyway that we won't get punished

Have either of you made statements on this? IF so what was said?

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Customer reply replied 4 months ago
I did. It was a brief statement on how and when we meet and how we climb the ranks in the navy together. But he just climbed them faster than I did. I put nothing about our trip in it. This trip was a surprise for my birthday and our wives coordinated the whole thing.

THanks
Are they running DRB/XOI?

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What you are describing, if you had a personal relationship with a Master Chief as a 1st Class? That is fraternization. It can be punished at Mast...or at court martial. Or even resolved at DRB/XOI.

The fact this is preexisting is mitigating...so it may be that they agree to resolve this with EMI or counseling.

But they could bring this to Mast.
It is unlikely it would go to court unless you refused Mast

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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Customer reply replied 4 months ago
Thank you

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,690
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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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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