Straight to Captain's Mast, no DRB, no XOI. Due process?

[FaithofTruck]

Active duty Navy. California, currently. Was stationed in Italy when involved in alcohol related incident: not a dui, no fighting. Owner was passenger in vehicle which was involved in a parked vehicle impact. Very minor damage. Before Captain's Mast, was not evaluated at DRB or allowed an Executive Officer's Inquiry. Went straight to mast. What is the due process and where is it written? Please advise.

[badapple40]

Originally Posted by FaithofTruck

Active duty Navy. California, currently. Was stationed in Italy when involved in alcohol related incident: not a dui, no fighting. Owner was passenger in vehicle which was involved in a parked vehicle impact. Very minor damage. Before Captain's Mast, was not evaluated at DRB or allowed an Executive Officer's Inquiry. Went straight to mast. What is the due process and where is it written? Please advise.

You have the right to respond, in writing. you should also have the ability to talk to a defense counsel about your options.

[FaithofTruck]

This case has already gone past that point. I submitted an appeal to which the CO responded with his rebuttal. That was the end of that. I have since then (2002) submitted several requests for reinstatement of rank, to no avail.
I am now compiling all the information I can to present to my congressman.

Please advise.

[badapple40]

Petition with the Navy Board of Corrections of Military Records

[FaithofTruck]

That sounds ominous. I wouldn't know just what to say or how to say it.

I have received a judgement from PERS 811 disapproving my request for reinstatement.

What would the board have power to do?

Is there a place where I could read similar cases?

Please advise.

[badapple40]

I know where to read about Air Force cases -- not Navy ones, and the board can do pretty much anything it wants -- it can remove the discipline, reinstate you to active duty and retroactively promote, etc. You have the burden of showing an injustice or unlawful action occurred.

[FaithofTruck]

Ah, so. That's where I will need in depth guidance.

You see, when I first requested reinstatement (and for all subsequent ones) I was advised not to challenge the decision so much as to say, "Here is what I have done to redeem myself. Can we now reinstate me on behalf of fines paid, punishment completed, time passed and my continued good behaviour?" I hope that hasn't thwarted my chances of taking a new stance.

Please advise.

[finallinx]

Hey,

Sounds like by now you must have some information on the appeal process for NJP at a capt. mast. I was just recently given non judicial punishment for being in violation of a few articles. I was never in any trouble previously till now, I have almost a decade of good service and have currently served my unit proudly, but I am being used as an example and feel that I was not given enough information, or time to defend myself properly. I wish to appeal my case but do not want to sound like an idiot when I do. I have some resources but no real confidence in them, I feel like an outside help would better help me due to the fact that I feel that most of my supervisors, and my command will only look out for their career. There are other circumstances in this case that should be taken in too consideration but due to the fact that I want to be anonomous I don't want to get into too much details, but if you think you can help please leave me an email I can reply to, thanks.

[Zigner]

Originally Posted by finallinx

Hey,

Sounds like by now you must have some information on the appeal process for NJP at a capt. mast. I was just recently given non judicial punishment for being in violation of a few articles. I was never in any trouble previously till now, I have almost a decade of good service and have currently served my unit proudly, but I am being used as an example and feel that I was not given enough information, or time to defend myself properly. I wish to appeal my case but do not want to sound like an idiot when I do. I have some resources but no real confidence in them, I feel like an outside help would better help me due to the fact that I feel that most of my supervisors, and my command will only look out for their career. There are other circumstances in this case that should be taken in too consideration but due to the fact that I want to be anonomous I don't want to get into too much details, but if you think you can help please leave me an email I can reply to, thanks.

Please start your own thread. But, expect answers to your questions to be in this forum.

[ERAUPIKE]

Originally Posted by FaithofTruck

Ah, so. That's where I will need in depth guidance.

You see, when I first requested reinstatement (and for all subsequent ones) I was advised not to challenge the decision so much as to say, "Here is what I have done to redeem myself. Can we now reinstate me on behalf of fines paid, punishment completed, time passed and my continued good behaviour?" I hope that hasn't thwarted my chances of taking a new stance.

Please advise.

You do not have a right to DRB or XOI. If you had taken the time to read the regulation that governs the NJP procedures you would have known this by now. The XO is not required to even speak to you, he can simply review your report chit and the evidence instead. NJP is a Non-judicial proceeding, you had the right to refuse mast and request a trial by court martial. That would have afforded you additional rights, like due process and council. Your commanding officers decision will not be overturned, ever.