 | 
09-16-2008, 08:25 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 3
| | | Medical Discharge - Now NJP (Navy)
What is the name of your state (only U.S. law)?
Long story short.
I have PTSD, and a brain injury. I am being medicallay discharged due to these.
I assaulted someone due to my PTSD setting me off about a month and a half ago.
The assault happened at one command. I transferred to another. The first command forwarded the incident report to my new command and they are charging me.
I should be going on terminal leave this Friday. Now they have put me on legal hold and are sending me to Captain's Mast and have cancelled my leave due to pending NJP.
At first they charged me for Art. 128 (assault). I signed the paperwork.
A few days later they were talking about the TWO charges I was looking at. I was like uhhh? What are you talking about? They had added Art. 117 (taunting/provoking), and had me redo a lot of paperwork and resubmit a statement.
Does any of this sound even remotely legit? Can they just start changing what I am being charged with, denying leave, etc, etc.
I have been in 10.5 years flawless record, getting medically discharged and now all they see is one incident and are trying to burn me...
Any advice for this situation? I spoke with NLSO and they said they would recommend court martial, since I do have a case - that sounds scary.  |
09-17-2008, 12:28 AM
| | Member | | Join Date: Dec 2007
Posts: 497
| | | It is your best bet. A court martial works like civilian courts. The findings are based on the evidence, not opinion. NJP is not a judicial hearing, just one mans opinion. You have the choice to request court martial. I would suggest you do so. |
09-17-2008, 01:27 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 3
| | | in my case...one womans opinion...
When I talked to JAG they advised the same thing. I am writing my Congressman right now for advice and input as well...
Denying my leave is hurting me bad...I am missing my 10 year reunion, 2 job interviews, and 4 appointments I had set up to look at houses.
This sucks...bad. |
09-17-2008, 01:57 AM
| | Member | | Join Date: Apr 2008
Posts: 41
| | | Its your roll of the dice, but I would bet that if you were to refuse NJP and take your case to CM, that command would drop the charges assuming 1. command has a difficult case to prove, 2. you are close to leaving due to medical discharge, 3. your command does not have a personal reason for seeing you burn.
The potential penalties at a CM are significantly higher at a CM versus a NJP, but if your legal rep feels the charges are somewhat frivilous or he feels confident he can win, go for it. Legal assets for the miltary are usually stretched thin and they will be hesitant to pursue a weak case, especially for a non-serious charge againist someone getting out soon anyways. |
09-17-2008, 08:16 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 3
| | Quote:
Originally Posted by CGRAY  Its your roll of the dice | If I had a dollar for every time I have heard that in the past week. | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
|
