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Can I sue the military?

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An individual enlisted in the military (very close to retirement) has criminal complaints against him that are considered a sexual offense type crime by civil authorities. This case has been in litigation for many months and is still in its infant stages (preliminaries). The individual is still serving in the military. For argument sake we will call this individual John Doe.

In accordance with MILPERSMAN 1910-142 “Separation by Reason of Misconduct – Commission of a Serious Offense” John Doe is required to be separated from the military for sexual deviancy found in a police report. An administrative separation board is requested and the military authorities chose two violation of sexual deviancy as the soul means/purpose of separation. For argument sake, lets call these violations (violation “A” and violation “B”).

Remember that John Doe has not been convicted of the alleged crimes found in the police report by the civil authorities. The case is still in the courts awaiting litigation.

The administrative separation board reviews all evidence and all character witnesses have been questioned. The board finds John Doe not guilty of violations “A” and “B”. The board notices a violation in the police report that is not related to violations “A” and “B” (lets call this violation “C”). The board decides to separate John Doe for violation “C”.


1) The military authorities have very specifically requested in writing that John Doe be separated for violations “A” and “B”. Can the board separate John Doe for violation “C” even though they have been specifically ordered to only separate him for violations “A” and “B”?

2) John Doe has been given the RIGHT to remain silent by the civil authorities for his alleged crimes. John Doe MUST have the opportunity to speak at his own separation board in order to preserve his retention in the military and to save his 19 years of service that he has committed to the military and this country. If he remains silent at this board, he runs an incredibly high probability of being separated. It could also go against him in civil court if found guilty at this board. The board knows this.

A) Has John Doe’s rights been violated by this separation board? He had to speak to defend himself. This could seriously hurt him in civil/federal court.

B) If John Doe’s rights have been violated, can he sue the military after he is administratively separated regardless of how his civil matters turn out?

C) If John Doe is acquitted off all alleged criminal complaints from the civil authorities or if everything gets dismissed, may he sue the military after he is administratively separated?

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