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My son was on a medical board for fibromyalgia and received…

My son was on...

My son was on a medical board for fibromyalgia and received a 6105 for forgetting his cell phone and then was NJPd for loosing equipment. Fibromyalgia is a chronic pain disorder that causes cognitive impairment and fatigue. Should he file a rebuttal based on his medical condition?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

Yes, he tried to educate them on fibromyalgia when he was diagnosed. They have not and are not taking his medical condition seriously.

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

Is this a private conversation?

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Answered in 8 hours by:
3/25/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,762
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. First, this is a public forum and therefore the discussion will ultimately be able to be searched for on the internet. However, if, at the end of our conversation, once you have left a rating of my work, you want the question locked from public access, I can send that request to customer service and they can do so. That way it won't be published online.

As to your question. Your son has the right to appeal his NJP. Those rights were given to him in writing when he received his NJP rights. He has a short period of time to do so. That really isn't a rebuttal, but is an appeal where he can try to present his side of the facts that might change the outcome of his NJP.

That said, unless he was charged with intentionally stealing or losing the equipment, versus negligently losing it, his medical condition would not be a defense to the charge. In other words, a general intent crime, like negligently losing something, is not subject to the defense that a medical condition interfered. This is the same in the civilian community. Only specific intent crimes where someone is charged with maliciously or knowingly doing something might have defenses that a person was unable to form intent.

That said, it could be a mitigating factor in punishment if the decisionmaker believes that one issue had anything to do with the other. But, that is up to the Officer making the decision. Your son could have also asked the CO to suspend his punishment based on his position that his condition was at play here.

Please feel free to ask for clarification if needed. I will be away from my computer for much of the day, but will respond when I become available. If no further assistance is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 25th. I had sent you a few follow up questions so that I could address your additional questions you added to your original one that I had answered. However, I didn't hear back from you with that information so that I could address those new questions for you.

For some reason we are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,762
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Customer reply replied 29 days ago
Hello
I apologize for the radio silence. We were unsure of the route to go and if there would be additional questions. At the advice of his medical team, we have since decided to request an extension to appeal as his health takes precedence over an NJP. Thanks for your advice.

You're very welcome.

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