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

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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: 3 months ago.Category: Military Law
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Answered in 4 hours by:
3/26/2018
Military Lawyer: Marsha411JD, Lawyer replied 3 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,932
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

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Military Lawyer: Marsha411JD, Lawyer replied 3 months 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.

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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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