Captain's Mast Questions! Please Help

[als2315]

Virginia(only U.S. law)? My husband has served 5 years in the US Navy. He was sent to Captains Mast for 3 hours of UA. He was given the punishment of 45days restriction and 45 days extra duty with 2 months half pay and reduction in rate to E3. He had served 18 days of the punishment when the captain woke up on the 18th day and reviewed the 6 cases he had seen (my husband's included) and decided to change his ruling and process all of the 6 sailors currently serving their punishment out of the navy. Is this legal!!!!??? After 18 days? If it is, I will gladly give up, but it doesn't seem right that he could be punished twice and serving one punishment while getting another. He is still on restriction and being processed out. You can't say someone committed murder and the next week wake up and decide they aren't guilty! Also, what is the normal length of time that the navy takes to separate a sailor from the navy. They are speeding the seperation process of all 6 of these gentlemen and are told by Dec 1st (barely over a week) that they will be out. Please Help!What is the name of your state (only U.S. law)?

 

[SHORTY LONG]

Virginia(only U.S. law)? My husband has served 5 years in the US Navy. He was sent to Captains Mast for 3 hours of UA. He was given the punishment of 45days restriction and 45 days extra duty with 2 months half pay and reduction in rate to E3. He had served 18 days of the punishment when the captain woke up on the 18th day and reviewed the 6 cases he had seen (my husband's included) and decided to change his ruling and process all of the 6 sailors currently serving their punishment out of the navy. Is this legal!!!!??? After 18 days? If it is, I will gladly give up, but it doesn't seem right that he could be punished twice and serving one punishment while getting another. He is still on restriction and being processed out. You can't say someone committed murder and the next week wake up and decide they aren't guilty! Also, what is the normal length of time that the navy takes to separate a sailor from the navy. They are speeding the seperation process of all 6 of these gentlemen and are told by Dec 1st (barely over a week) that they will be out. Please Help!What is the name of your state (only U.S. law)?

You did not say whither he had LEGAL representation, and for someone to be in
that long he should have had Counsel. Therefore have him ASAP contact JAG to assist him!

 

[Peligroso27]

He may still be in the window, 30 days I believe, to appeal his mast in writing. This will go to the next highest authority, CO of his command to Wing or Group Commander. Be mindful that they may give a harsher punishment then his CO did. The next commander in the chain knows the CO much better than he knows your husband. The commanding officer does have the right to process your husband out administratively. The category of his discharge will not be the same as the one he would have received from NJP. There are probably more issues than just his 3 hours UA that brought this situation to fruition. Best of luck.

 

[navdoc]

Admin sep is a little harsh for 3 hours UA. What is the rest of the story?