CO's NJP Question

[TheSheezy]

What is the name of your state (only U.S. law)? Virginia
So here's the deal. I was charged with a DUI on May 15 of this year. I did not tell my command until after my court date where I was found guiltyon June 26. I returned to work after leave on July 1. When this incident occured our command policy was to send all DUI cases to Summary court-martial. Sicne I had already been tried and convicted in court, the command had to get permission from the GCMCA to punish me again according to UCMJ Article 15. During that waiting period there were three other DUI's at my command that all went to court martial. So, I heard nothing until July 14 from legal Dept where they informed me I was going to court martial. I did not waive any of my rights and requested a military lawyer. Legal said they weren't charging me with anything yet, I was jsut under investigation. So, that was that. Now on Sept 11, they call me to legal and tell me I am going to CO's mast isntead as there was a policy change. Here I have no right to legal counsel which I was upset about and I threatened to file an Article 138 for the command treating my command differently then other cases. So, I went to CO's mast on Sept 13 adn the Co after deliberating for about 45 minutes with me (a long time I am told), told me he had no finding and I was dismissed "for now".

My question is "Where do I stand legally at this point? The DAPA at my command said that all charges before mast must be addressed at mast and they cant bring you back to mast for the same thing later. Is that true? Or can the CO continue the same mast until a later time? I am having trouble finding reliable answers in this case.

[Peligroso27]

You got very lucky. No, the CO cannot bring you up on the same charges later.

[CGRAY]

Did the CO find you not guilty or suspended the NJP proceedings until later? If found not guilty, than he can't bring you back. Also, why would you be upset about your case being handled differently? I'd much rathered get NJP'd than court-martialed.

[TheSheezy]

Okay, I only know that he said he had "no findings". That is why I was confused. I hid nothing at Captains Mast and came clean and he knew I was guilty. He said he was concerned b/c I was a top performing First Class on the ship holding an E-7 billet in my department and if that he were to "bust" me at this point in my career(9yrs), I would probably not re-enlist and get out, where as my Chain of Command at Mast spoke on my behalf as already performing at the level as a chief. So on one hand, he thought I should be a chief one day, and on the other hand he had to hold me accountable. He actually asked me to step out for about ten minutes while he deliberated with my Chain of Command and the CMC without me in there. Then, he called me back in and said he had no findings, but he wanted me to be screened by DAPA. That was it, I walked out and security said I was "free to go". So is that the same as "not guilty" or what?? It seems very confusing.

Also, I was upset about not being able to have any legal counsel. I consider a DUI as an offense where you should be allowed to seek legal counsel. A right you don't have at NJP, especially while deployed. I appreciate your responses but I still dont know exactly where I stand.

[CGRAY]

As for not being allowed counsel, if I remember correctly, you can request it, but the CO has the descretion as to whether or not to allow it. I've never heard of a lawyer being present at a NJP, but I'm sure it has happened. My best advice is to just lay low for as long as possible and hope everything goes away. The longer it goes, the more likely nothing will happen. I am assuming you have already been found guilty by civilian courts. If not, command may be awaiting for that before proceeding with the NJP. Without being found guilty by the civilian court, there is no evidence to be used againist you at a NJP.

[TheSheezy]

So, It sounds to me, like the CO has the right to suspend CO's mast until later on the same charges, even if you admit to guilt and there will be no new evidence introduced at the next Mast? There was no question as to my guilt, he just couldn't make up his mind at that time. So, he said no findings at that time. He can just call me up again later for the same thing under the same mast package just to make a decision? That is the question I need answering, b/c no one here seems to be able to give me a straight answer, and the anxiety is killing me having to worry that at any moment they might be like "You've got Mast again tomorrow, the CO made a decision."

[Peligroso27]

Thta's probably a better punishment for you then. Busting you down would have gave you closure, now you really have to think about what you did. If the CO did not rule on your disposition, then yes he can bring you to mast again. He could bring the charges up again at a new mast if youviolate any more policies or UCMJ articles. Hope this helps.

[CGRAY]

The best advice would be to lay low and not step on anyone's feet for awhile. Hopefully, the situation will be forgotten about and go away. Base legal should be able to inform you as to whether or not the charges can be brought forward later, but I would leave the whole thing alone.

[fozzy2]

A CO can postpone making any findings in order to allow for "further investigation." Being screened by DAPA would seem to qualify, having their report will give him further information on which to base his decision. The situation should have been made more clear, however. For example, he could have stated that proceedings would be resumed when the DAPA report became available. As it stands now, everyone is left wondering (which, as others pointed out, may be intentional). Based on your description it sounds as if the CO is looking for reasons to buck "mandate" and not bust you. A good DAPA report might be what he needs.

[TheSheezy]

Thanks for your responses, they have been very helpful. I will keep your advice in mind over the next few weeks.