Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I’m currently deployed on a combact deployment and I had an…

Customer Question
Hello I’m currently deployed...

Hello I’m currently deployed on a combact deployment and I had an incident where I fell out of a guard tower & got a tbi . Shortly after that I had problems with aggressive behavior & received an article 15 for disrespecting a NCO . Is there any way for me to fight that because my mood changes were an after affect of my TBI

Lawyer's Assistant: Are you overseas or stateside?

Overseas

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

Yes they still are trying to give me an article 15

Submitted: 28 days ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 4 hours by:
3/26/2018
Military Lawyer: Marsha411JD, Lawyer replied 27 days ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,757
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. If you could get a doctor to state that your condition likely led to your behavior, then you could try to use that as a defense in your Article 15, or as a basis for an appeal if you are punished under Article 15. That said, it is more likely to be seen as a mitigating factor in punishment and not an absolute defense since, generally speaking, a medical condition is not an excuse/defense for violations of the UCMJ. There are some exceptions, as touched on above when it is impossible to conform conduct because of a condition.

The problem with claiming that you could not conform your behavior to what is acceptable because of a medical condition, is that it could lead to separation from the military on the basis of a medical condition.

Please feel free to ask for clarification if needed. If I don't respond right away it is because I am offline or assisting someone else and I will be back with you as soon as possible. If no further assistance is needed, then if you could take a moment to 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

Ask Your Own Military Law Question
Military Lawyer: Marsha411JD, Lawyer replied 26 days ago

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 26th. 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/

Thank you.

Ask Your Own Military Law Question
Was this answer helpful?
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,757
20,757 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD 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

14,718 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

20,757 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
My husband is Facing a field Grade Article 15, is it
My husband is Facing a field Grade Article 15, is it possible for him to beat? And if not, is there a way to convince his chain of command that kicking him out of the Military is too extremely. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I received a company grade article 15 back in 1995 that did
I received a company grade article 15 back in 1995 that did not go on my permanent record. I am currently applying for the nursing program in Texas so the Texas Board of Nursing Licensure is going to … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son is facing an article 15 separation. Stateside. I have
my son is facing an article 15 separation JA: Are you overseas or stateside? Customer: stateside JA: Have you talked to anyone in the chain of command about this? Customer: no, I have only talked with… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I received a field grade Article 15 in Korea in 1979,the
I received a field grade Article 15 in Korea in 1979,the Commanding Officer who imposed the Article 15 was a full Colonel who was selected for BG to take Command of Madigan Army Med Center upon reassi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My ex has a little girlfriend who is an article 15 she is a
My ex has a little girlfriend who is an article 15 she is a private and he is an e7 and she was recruited out of the Wausau recruiting station… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was punished under the UCMJ receiving an article 15, was
I was punished under the UCMJ receiving an article 15, was discharged with a general under honorable and now I have been denied my conceal carry permit, I need to go to the board of corrections to upg… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I failed a drug test in ait i signed my article 15 paper and
I failed a drug test in ait i signed my article 15 paper and went to cid i answered every question truthfully and was wondering what discharge i would recive i have more appoinments to go to for the c… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
In 1970 I received an article 15 discharge due to migrains
in 1970 I received an article 15 discharge due to migrains am I still considered a veteran … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I received a field article 15 when I was deployed in 2011. I
Hi I received a field article 15 when I was deployed in 2011. I lost my rank and 45 days extra duty. I was accused of trying to defraud the government. Before my deployment I stationed at for Polk LA,… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I have article 15 first reading tomorrow. Stateside., JBLM.
Hi JA: Hello. How can I help? Customer: I have article 15 first reading tomorrow JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
In an initial article 15 reading, can proceeds be stopped,
in an initial article 15 reading, can proceeds be stopped, charges rewritten then have a new initial art 15 reading? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
If I receive punishment of Article 15(Captains mast) after
If I receive punishment of Article 15(Captains mast) after intentionally failing a Pfa test in the us navy, will this lead to a dishonorable or OTH discharge?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I want to know if I can receive a GOMOR and an article 15.
I want to know if I can receive a GOMOR and an article 15 … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I received an article 15 in 1997 for failing a urinalysis. I
I received an article 15 in 1997 for failing a urinalysis. I was told it would not be on my permanent record. This incident just showed up on a routine background ran by the Departmant of Children & F… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Does an Article 15 affect my medboard process. Reason I got
reason I got started on the article 15 was for the reason I didn't show up for work when I got sick, I have a medical note that states I need to go home if necessary but guess they want me to go to the er when I cant see or drive. I'm at ft benning … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Can I be given an article 15 for missing staff duty I wasnt
Can I be given an article 15 for missing staff duty I wasnt originally assigned and also told prior I wouldn't have to do by my E-7 platoon sergeant with less then 12 hour notice … read more
Marsha411JD
Marsha411JD
Lawyer
20,757 satisfied customers
I want to know if company grade article 15's are on my
i want to know if company grade article 15's are on my permanent record … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I have an article 15 question. Overseas. This article 15
Yes this article 15 popped up on my records from 1998 … read more
Marsha411JD
Marsha411JD
Lawyer
20,757 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