Courts Martial for Unauthorized Abscence?

[ddstrojan]

What is the name of your state? CA

I am a dental officer and I had onboard duty at one of our clinics which means we have to stay overnight until relieved. The period of duty started from 15:45 to 07:45 the following morning. I checked in for duty, but because it was raining and unlikely that any patients would come in, I decided to go home and just return early the following morning. I told the enlisted technician on watch to call me under any circumstance and I could be back in 20 minutes time. I went ashore at approx. 19:00 and returned the following morning at 07:00.

The technician told me that a patient had called at 0100 complaining of pain, but chose not to come in until the morning (the patient eventually arrived after I did and I relieved him of his symptoms). The technician reported the matter to the CDO before my arrival and the CDO informed me that the matter would be reported to the XO of the command. Several hours later, the XO recalled the entire duty section and interrogated everyone, leaving me to the last.

The XO informed me that from the findings, there would be an investigation and I could be found guilty of unauthorized abscence, conduct unbecoming, and dereliction of duty which could result in charges and a Courts Martial. I am due to separate from the military in less than two months. XO cancelled all my leave and informed me I would probably have to make arrangements to sell my leave as I wasn't going to be granted leave of any kind including terminal leave, if I ever got off of active duty. XO said this was far from over and I would stand before XO and the CO at some point.

This was a terrible lapse of judgment on my part and I have never gotten in trouble in any way. I had a successful 7 month deployment to Iraq. I have had a distinguished military career until now at the very end of it. Since this is my first offense, will they take that into consideration? Should I solicit legal counsel in this matter in anticipation of a Courts Martial? Will I still be permitted to separate a month from now? What should I expect?

[fozzy2]

Given the circumstances, I wouldn't expect a court martial. But there is no guarantee. It sounds very clear that you committed an offense, the question is 'how will it be handled?"
You can certainly contact your local JAG office, and a local attorney should be able to give you a much better idea of how the local chain-of-command will handle the situation. I would expect that they would end up handling this administratively (i.e. nasty letter in your file, 'special attention' from the XO, etc.), but it is largely up to the local chain.

[badapple40]

Concur with fozzy that it is largely up to command discretion. However, the local command cannot convene a general court martial (which is what it'd take to really damage you). My guess is you will face a Captain's mast, at worst (NJP/Article 15 punishment) based on the facts as you've described them.

[ddstrojan]

Thank you to both fozzy2 and badapple40! Your advice is extremely appreciated. The only news thus far is that my end of tour award will be overturned if submitted. The XO is waiting on the findings of the investigation. In fact, I am supposed to meet with the investigator tomorrow probably to take down my testimony. As far as I know, still pursuing separation via PSD for next month as if nothing has happened. I'm not sure whether my command can or will put a wrench in my separation, but will proceed until told otherwise.

[Andy104]

WOW i am totally amazed,
We see this alot in certain commands in the Army, Alot of officers have totally distinguished service. When it gets close to the end of their tour they get the ROAD disease. OH Sorry (ROAD stands for Retired On Active Duty" ) Mind i am not saying this is what happened to you at all but the facts remain you are guilty of a crime. It is in my experiance that officers recieve less punishment than the enlisted.

Now did you tell the enlisted tech to call you for anything? Or were his directions to call you only if someone came in? Did he follow your orders?

[ddstrojan]

I told the tech to call for absolutely anything and I'd be back in 20 minutes time. When the patient called at 0100, the tech did not call me to inform me of the situation because the patient had opted to come early in the morning and the tech thought the situation would be resolved then.

As far as ROAD disease, my focus was definitely not where it was supposed to be and I had a very grave lapse in judgement.

[Andy104]

So i think we need to get intouch with COLBadapple, or Shorty Long
If the soldier did not follow a direct order from a Commissioned officer there is possibly the chance of going after them for deriliction of duty. But it could also be looked at that you are lashing out. It is worth looking into though.