Is this the Twilight Zone? NEED HELP!

[FABRI2378]

What is the name of your state? Rhode Island.

I had shoulder surgery and was put on convalescent leave. After discharge from the hospital, I decided to fly to my home state for recovery. My last day of convalescent leave was on a Friday, however my First Sergeant wanted me to return by 1200. This wasn't going to happen, because my flight didn't return until 2300, Friday evening. I didn't even hear about the First Sergeant's request until Thursday evening.

Upon my return to work on the next working day, I was informed that my First Sergeant was recommending NJP for violations of articles 86 and 92. Unauthorized absence and failure to obey a direct order from a superior. I denied the NJP because I didn't feel like I did anything wrong. Then the NJP was upgraded to a Summary Court Martial. I seeked a JAG's advice who recommended that I object to the Court Martial as well.

I didn't have the opportunity for the court martial as it is rumored that they wouldn't have enough evidence to successfully try me. However, in my favor, I had doctor's letters, letters from the Naval hospital verifying my authorization to be absent from work on that Friday, and witnesses that were willing to vouch that the command knew my situation and the charges were out of line.

But it gets better... After deciding to throw out the court martial, my First Sergeant had me sign a 6105 (minus the recommendations for corrective action) and informed me AFTER that the BN planned on administrative separation due to a "Pattern of Midconduct." I have 3 NJPs from previous UAs. 2 are 6 years old and one is about a year and a half old.

I also only have 10 months left in the Marine Corps, but instead of letting me finish my time, they are pursuing an admin separation. This is all coinciding with the fact that I am currently recovering from 2 surgeries and may need another. I am a Sergeant in the United States Marine Corps. But as you can see, I'm in a need of any advice. Thanks.

-Fabri

[johnysmith1128]

They are obviously trying to use your past against you, my best advice would be to seek jag and fight this to the end. maybe it will take 10 months, if you get a good lawyer.

[hawaii]

If you are UA that may times you deserve what you are getting. Dicipline is what the military is built upon not whining. Glad you aren't the guy covering my back. Just get out. Those guys that don't like you are the ones that are going to stick around and protect US/you once you leave. It's always someone elses fault isn't it.

[FABRI2378]

Thanks for the responses.

Hawaii, this is a legal issue, not a moral issue. Besides, you don't know the extent of the charges and you don't know my contributions to the Corps. If we based all of our proceedings on moral issues, the entire Armed Forces would be facing extreme losses of personnel.

Let's keep this in the boundaries of Military Law, please...

Thanks.

[cyberspook]

Originally Posted by FABRI2378

Thanks for the responses.

Hawaii, this is a legal issue, not a morale issue. Besides, you don't know the extent of the charges and you don't know my contributions to the Corps. If we based all of our proceedings on morale issues, the entire Armed Forces would be facing extreme losses of personnel.

Let's keep this in the boundaries of Military Law, please...

Thanks.

Hear Hear...

[SHORTY LONG]

Originally Posted by FABRI2378

What is the name of your state? Rhode Island.

I had shoulder surgery and was put on convalescent leave. After discharge from the hospital, I decided to fly to my home state for recovery. My last day of convalescent leave was on a Friday, however my First Sergeant wanted me to return by 1200. This wasn't going to happen, because my flight didn't return until 2300, Friday evening. I didn't even hear about the First Sergeant's request until Thursday evening.

Upon my return to work on the next working day, I was informed that my First Sergeant was recommending NJP for violations of articles 86 and 92. Unauthorized absence and failure to obey a direct order from a superior. I denied the NJP because I didn't feel like I did anything wrong. Then the NJP was upgraded to a Summary Court Martial. I seeked a JAG's advice who recommended that I object to the Court Martial as well.

I didn't have the opportunity for the court martial as it is rumored that they wouldn't have enough evidence to successfully try me. However, in my favor, I had doctor's letters, letters from the Naval hospital verifying my authorization to be absent from work on that Friday, and witnesses that were willing to vouch that the command knew my situation and the charges were out of line.

But it gets better... After deciding to throw out the court martial, my First Sergeant had me sign a 6105 (minus the recommendations for corrective action) and informed me AFTER that the BN planned on administrative separation due to a "Pattern of Midconduct." I have 3 NJPs from previous UAs. 2 are 6 years old and one is about a year and a half old.

I also only have 10 months left in the Marine Corps, but instead of letting me finish my time, they are pursuing an admin separation. This is all coinciding with the fact that I am currently recovering from 2 surgeries and may need another. I am a Sergeant in the United States Marine Corps. But as you can see, I'm in a need of any advice. Thanks.

-Fabri

Marine, first get your head and heart wired together. Second, see if you can speak directly with your Top and offer up
that you will not take any type or any kind of leave until your time is up! Lastly, assure Top that you will be squared
away, and not mess up, nor miss any formations etc., in hopes of being discharged with a full honorable. Other than
this suggestion, you can try what johnysmith1128 suggested! S/F Marine!