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Andy104
Guest
Does anyone know where to find this?
Google is useless i am looking for
Article 10 which has to do with speedy trial
Google is useless i am looking for
Article 10 which has to do with speedy trial
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badapple40
Senior Member
Article 10 does not apply UNTIL they charge you or prefer charges (neither does the MCM provisions governing speedy trial)
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Andy104
Guest
Well then
As far as i know i have not been "Charged" or had charges "Prefered" i was flaged, in Jan, went to see TDS in MAR. Signed stating i wanted a Courts Martial instead of Article 15 on MAR 22. Went back several times to see 1SG and had to tell him several times i choose courts martial not ART 15. They keep telling me in a week or two, that is all i know. I still have not been in a room with a JAG rep being formally charged is that something they can do without my knowledge? They flaged me without my knowledge? For know i am laying low staying hidden, however with the promotion boards coming i need to get this flag lifted if they are not going to prosecute. Any advise
Well, technically the flag must be accompanied by a counseling in reference to the imposition of the flag. A flag for pending administrative actions (flag code AA, used for NJP) must be reviewed every 90 days by the commander.
I had a Soldier go to IG for this very same issue...
Before I arrived here, he did something worthy of an Article 15... He was promptly flagged. Did his time, finished extra duty and restriction, and went on his merry way. When the Army lifted flags on all overweight personnel, he was still flagged "AA". The 1SG was trying to use this flag to keep him from making E-4, and flatly refused to lift it, even though the Article 15 was over a year prior. All my attempts at getting this resolved went ignored, so I told him on the side to visit IG.
One call from IG netted the response "The paperwork is sitting on the commander's desk waiting to be signed". The flag was lifted in 48 hours.
I had a Soldier go to IG for this very same issue...
Before I arrived here, he did something worthy of an Article 15... He was promptly flagged. Did his time, finished extra duty and restriction, and went on his merry way. When the Army lifted flags on all overweight personnel, he was still flagged "AA". The 1SG was trying to use this flag to keep him from making E-4, and flatly refused to lift it, even though the Article 15 was over a year prior. All my attempts at getting this resolved went ignored, so I told him on the side to visit IG.
One call from IG netted the response "The paperwork is sitting on the commander's desk waiting to be signed". The flag was lifted in 48 hours.
SHORTY LONG
Senior Member
Rules For Courts-Martial 707: R.C.M. 707 lies Speedy Trial. A couple of further
cases to further enlighten your quest for information on this.
http://www.armfor.uscourts.gov/digest/2005dig/VB2.htm
http://www.jag.navy.mil/NMCCA/200401792.PUB.doc
http://www.jag.navy.mil/NMCCA/200200408.unpub.doc
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Andy104
Guest
Read of Preferal of Charges
Hello and info update,
Maybe COL BadApple or ShortyLong can awnser these.
=I was officially read my charges today, two JAG attorneys, 1SG and Commander were present.
Now i guess the 120 day clock begins. Now the 1SG called me into his office after we were through and wanted to know that a summerized courts martial could put me in JAIL? I told him from what i had read they could not, I am an E-5.
Can they put me in Jail?
Next the main people who are behind the prosecution the O-4 and the E-7 are both already out of the Army.If i request to have them on the stand in order to disprove their statements will they have to call them back? One is already in Penn.
I was going to speak to TDS about the fact they waited from March till now to drop the papers knowing they would be gone. Costing me time, as well as hendering my defense.
They are still going after me for the (Bringing dog into work when being given a lawful order not to) and (Fabricating a story to an O-4).
If you need to refresh the whole story i posted it in "" form in my first post.
Thanks for all your help
Gonna get the Class A's together
Hello and info update, Maybe COL BadApple or ShortyLong can awnser these.
=I was officially read my charges today, two JAG attorneys, 1SG and Commander were present.
Now i guess the 120 day clock begins. Now the 1SG called me into his office after we were through and wanted to know that a summerized courts martial could put me in JAIL? I told him from what i had read they could not, I am an E-5.
Can they put me in Jail?
Next the main people who are behind the prosecution the O-4 and the E-7 are both already out of the Army.If i request to have them on the stand in order to disprove their statements will they have to call them back? One is already in Penn.
I was going to speak to TDS about the fact they waited from March till now to drop the papers knowing they would be gone. Costing me time, as well as hendering my defense.
They are still going after me for the (Bringing dog into work when being given a lawful order not to) and (Fabricating a story to an O-4).
If you need to refresh the whole story i posted it in "" form in my first post.
Thanks for all your help
Gonna get the Class A's together
badapple40
Senior Member
Think about asking for a summary court martial, and then a trial before members on this one?
RCM 1303. Right to object to trial by summary court-martial
No person who objects thereto before arraignment may be tried by summary court-martial even if that person also refused punishment under Article 15 and demanded trial by court-martial for the same offenses.
But you are correct, RCM 1301 states:
(2) Limitations—pay grade. In the case of enlisted members above the fourth enlisted pay grade, summary courts-martial may not adjudge confinement, hard labor without confinement, or reduction except to the next pay grade.
RCM 1303. Right to object to trial by summary court-martial
No person who objects thereto before arraignment may be tried by summary court-martial even if that person also refused punishment under Article 15 and demanded trial by court-martial for the same offenses.
But you are correct, RCM 1301 states:
(2) Limitations—pay grade. In the case of enlisted members above the fourth enlisted pay grade, summary courts-martial may not adjudge confinement, hard labor without confinement, or reduction except to the next pay grade.
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Andy104
Guest
Updates
Hello JAG refused to prosecute my case. Seems it would have been better, for me if they would have though. I could have at least had my side heard. I was given a letter of reprimand that is to be forwarded to the Garrison Commander. I was told i could add anything to it as attachements for him to review. Is this something that i should do? Is there any recourse i have? They tried Article 15, i turned it down for a courts martial. They pushed it to a special courts martial and JAG said no. so i guess if they can not try me they can still give me a reprimand? how is this possible?
Hello JAG refused to prosecute my case. Seems it would have been better, for me if they would have though. I could have at least had my side heard. I was given a letter of reprimand that is to be forwarded to the Garrison Commander. I was told i could add anything to it as attachements for him to review. Is this something that i should do? Is there any recourse i have? They tried Article 15, i turned it down for a courts martial. They pushed it to a special courts martial and JAG said no. so i guess if they can not try me they can still give me a reprimand? how is this possible?
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Andy104
Guest
Here is the reprimand
SUBJECT: Memorandum of Reprimand
1. You are reprimanded for willfully disobeying a superior noncommissioned officer and for lying to a commissioned officer on 26 January 2007. You were ordered not to bring your dog to work. You disobeyed that order by bringing your dog to work anyway, and then lied about having permission to do so when confronted by the Chief of Community Mental Health.
2. Your lack of integrity demonstates a lack of mature judgement and self discipline, and raise serious doubts about your potential for continued honorable service in the United States Army. Conduct of this nature is totally unacceptable and will not be tolerated.
3. From this date forward, I expect your professional and personal conduct to be above reproach. Any further report of misconduct on your behalf may result in more sever administrative, nonjudicial or judicial action.
4. This memorandum is imposed as an administrative measure and not as punishment under Uniformend code of Military Justice. I intend to forward this memorandum to the Commander U.S Army Alaska, and request that it be filed in your OMPF. But wull consider anything you submit in rebuttal before making a final decision.
5. Persuant to AR 600-37, paragraph 3-6, you may review this memorandum and comment on the information contained herin. You will reply by endorsement, acknowledging reciept of this memorandum. Your endorsement will include one of the statements contained in AR 600-37, paragraph 3-6. If you elect to make a statement, it must be submitted within 5 days after reciept of this memorandum.
This is the memorandum i recieved. can they do this after everything from JAG was dropped? I took it to trial and was refused, is there anything i can do or do i just have to take the scar on my record?
SUBJECT: Memorandum of Reprimand
1. You are reprimanded for willfully disobeying a superior noncommissioned officer and for lying to a commissioned officer on 26 January 2007. You were ordered not to bring your dog to work. You disobeyed that order by bringing your dog to work anyway, and then lied about having permission to do so when confronted by the Chief of Community Mental Health.
2. Your lack of integrity demonstates a lack of mature judgement and self discipline, and raise serious doubts about your potential for continued honorable service in the United States Army. Conduct of this nature is totally unacceptable and will not be tolerated.
3. From this date forward, I expect your professional and personal conduct to be above reproach. Any further report of misconduct on your behalf may result in more sever administrative, nonjudicial or judicial action.
4. This memorandum is imposed as an administrative measure and not as punishment under Uniformend code of Military Justice. I intend to forward this memorandum to the Commander U.S Army Alaska, and request that it be filed in your OMPF. But wull consider anything you submit in rebuttal before making a final decision.
5. Persuant to AR 600-37, paragraph 3-6, you may review this memorandum and comment on the information contained herin. You will reply by endorsement, acknowledging reciept of this memorandum. Your endorsement will include one of the statements contained in AR 600-37, paragraph 3-6. If you elect to make a statement, it must be submitted within 5 days after reciept of this memorandum.
This is the memorandum i recieved. can they do this after everything from JAG was dropped? I took it to trial and was refused, is there anything i can do or do i just have to take the scar on my record?
badapple40
Senior Member
I would submit a memorandum for record, as follows:
Pursuant to AR 600-37, I have read and understand the unfavorable information presented against me and submit the following statement or documents in my behalf:
1. I respectfully disagree that I disobeyed any order or lied to any commissioned offer. I was specifically given permission to bring my dog to work for group counseling days. I did not lie to any commissioned officer (or any other military member). I followed all orders as communicated to me. (fill in other factual stuff here)... In support of this, I attach the following statements/declarations (include sworn statements in support, etc).
2. Originally, the command attempted to impose punishment under Article 15, UCMJ, for this alleged conduct. Believing that these charges were and are untrue, unfounded, and could not withstand the truth-finding function of cross-examination in a court-martial, I took the unusual and drastic step of demanding trial by court-martial, believing that I committed no offenses. Given the proof issues and the fact that there was no solid evidence supporting any changes, and believing that the "evidence" would not stand up to the truth-finding function of cross-examination, JAG declined to prosecute. This MOR is an end-run around around my due process rights, rights to confront witness, and an attempt to impose punishment for a situation that never occurred. In short, it constitutes a miscarraige of justice.
3. I do not believe that I committed any offenses, believe that my service is and has been completely honorable and faithful, and, to try to preserve my reputation, I demanded trial by court-martial, risking a federal conviction in an attempt to clear my name. Knowing that the government would not be successful at trial by court-martial, the command has instead attempted to impose this MOR, affording me no opportunity to cross-examine any witnesses or test any of the "evidence" against me.
4. I respectfully request that the Commander order a hearing, via a independent hearing officer, to determine whether the alleged facts that are the basis of this MOR in fact occurred. I believe that I will prevail, under even a preponderance of the evidence standard, at any such hearing, and respectfully request the opportunity to do so. This MOR impugns my character and service, without any factual basis. At the very least, I request a personal appearance before the Garrison Commander, so that he has an opportunity to personnally assess my demeanor and credibility as to this alleged incident, prior to the insertion of this MOR in my personnel record.
Respectfully Submitted,
Pursuant to AR 600-37, I have read and understand the unfavorable information presented against me and submit the following statement or documents in my behalf:
1. I respectfully disagree that I disobeyed any order or lied to any commissioned offer. I was specifically given permission to bring my dog to work for group counseling days. I did not lie to any commissioned officer (or any other military member). I followed all orders as communicated to me. (fill in other factual stuff here)... In support of this, I attach the following statements/declarations (include sworn statements in support, etc).
2. Originally, the command attempted to impose punishment under Article 15, UCMJ, for this alleged conduct. Believing that these charges were and are untrue, unfounded, and could not withstand the truth-finding function of cross-examination in a court-martial, I took the unusual and drastic step of demanding trial by court-martial, believing that I committed no offenses. Given the proof issues and the fact that there was no solid evidence supporting any changes, and believing that the "evidence" would not stand up to the truth-finding function of cross-examination, JAG declined to prosecute. This MOR is an end-run around around my due process rights, rights to confront witness, and an attempt to impose punishment for a situation that never occurred. In short, it constitutes a miscarraige of justice.
3. I do not believe that I committed any offenses, believe that my service is and has been completely honorable and faithful, and, to try to preserve my reputation, I demanded trial by court-martial, risking a federal conviction in an attempt to clear my name. Knowing that the government would not be successful at trial by court-martial, the command has instead attempted to impose this MOR, affording me no opportunity to cross-examine any witnesses or test any of the "evidence" against me.
4. I respectfully request that the Commander order a hearing, via a independent hearing officer, to determine whether the alleged facts that are the basis of this MOR in fact occurred. I believe that I will prevail, under even a preponderance of the evidence standard, at any such hearing, and respectfully request the opportunity to do so. This MOR impugns my character and service, without any factual basis. At the very least, I request a personal appearance before the Garrison Commander, so that he has an opportunity to personnally assess my demeanor and credibility as to this alleged incident, prior to the insertion of this MOR in my personnel record.
Respectfully Submitted,
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