What is the name of your state (only U.S. law)? IL
Greetings,
I was given a Captains Mast aboard USBN 658. I was accused of forging signatures on the Submarine qualification cards. At the time this all went down, I was 19 years old, in the middle of my first patrol. I was awoken and escorted to the officers quarters, where I was read my Miranda rights, told of the charges against me, and told to respond. I was given an official document, told to give my side of the story. I had all of about 30 mins to write everything out, I was not given a chance to view my qual card, not told how they came to the conclusion that I had forged the signatures. I was just told I was charged.
Over the next few days, A wave of Officers and Chiefs asked me questions. My division Chief said he did not agree with this, and was going to stand up for me. 3 days later I was given a Captains Mast. At no time was I told that I could refuse this, or ask for legal representation. Everything happened so fast, and I was just a clueless 19 year old along for the ride.
During the Captains Mast, information was given and shown. It was determined that I did not forged the signatures, But, that I still turned in a qual card with signatures I may have not earned. The key there was May not, because the person who's signature I was accused of forging, could not remember if he gave me that check out or not. How can you not remember if you gave a test to 1 of only 4 possible people on that patrol testing? The Captain reduced my rank from E-4 to E-3, took 400 out of my pay, and 90 days restriction and a Bad Conduct Discharge. In the end I was charged with making a False Official Statement.
During the rest of the patrol (about 1 month left), I talked to a few officers, and told that I should appeal the punishment. Again, I was never offered any legal advice, told to wait till we get to shore or what not. So, I type out a appeal, fighting the punishment, when I should have appealed the validity of the evidence that showed I turned in an document that was false.
Once we reached shore, I contacted a Navy Lawyer, and started to appeal the whole thing. The Captain was on vacation, so the XO was acting as Captain. He called me into the office and said he did not agree with the Bad Conduct Discharge, and instead, sent a recommendation for a general discharge. Apparently that went though, because less than a month later, I received my discharge paper work and was moved out of the Navy. I was never given a chance to complete my case with the Naval Lawyer.
When I was discharged, I was presented with a large file that contained all the statements, my appeal, the Captains rebuttal and the boards finding. By this time I just wanted to get as far away from the Navy, and what happened. I was pissed off, hurt and confused. In less than 3 months, I went from passing my E-5 test and awaiting promotion, to being kicked out of the Navy. When I returned home, I boxed everything up and forgot about it, till Thanksgiving of this year.
During a recent move I uncovered all my old military stuff. I was going though it when my sister-n-law came over and asked what was up. I explained to her what happened, and she read over the stuff. I am not a young and naive 19 year old now, and as I read over stuff, things started to really stand out. The wording in some of the statements, the lack of evidence, and the haste it was handle with. She urged me to look into it, because based off what she saw, and her limited dealings with the law, felt that there was not enough evidence to even slap me on the wrist, let alone kick me out of the Navy.
So after that long and drawn out wall of text. What are my options. I understand a long long time has passed. But I believe that justice should have no time limit. Is there a way to get the entire thing looked over. Should I have been allowed a lawyer at the mast? Was lack of legal representation actually legal? While the years might have made me wiser, and able to see things with a broader picture, I have yet to become a lawyer. Does my case have any legs, is it to late?
Greetings,
I was given a Captains Mast aboard USBN 658. I was accused of forging signatures on the Submarine qualification cards. At the time this all went down, I was 19 years old, in the middle of my first patrol. I was awoken and escorted to the officers quarters, where I was read my Miranda rights, told of the charges against me, and told to respond. I was given an official document, told to give my side of the story. I had all of about 30 mins to write everything out, I was not given a chance to view my qual card, not told how they came to the conclusion that I had forged the signatures. I was just told I was charged.
Over the next few days, A wave of Officers and Chiefs asked me questions. My division Chief said he did not agree with this, and was going to stand up for me. 3 days later I was given a Captains Mast. At no time was I told that I could refuse this, or ask for legal representation. Everything happened so fast, and I was just a clueless 19 year old along for the ride.
During the Captains Mast, information was given and shown. It was determined that I did not forged the signatures, But, that I still turned in a qual card with signatures I may have not earned. The key there was May not, because the person who's signature I was accused of forging, could not remember if he gave me that check out or not. How can you not remember if you gave a test to 1 of only 4 possible people on that patrol testing? The Captain reduced my rank from E-4 to E-3, took 400 out of my pay, and 90 days restriction and a Bad Conduct Discharge. In the end I was charged with making a False Official Statement.
During the rest of the patrol (about 1 month left), I talked to a few officers, and told that I should appeal the punishment. Again, I was never offered any legal advice, told to wait till we get to shore or what not. So, I type out a appeal, fighting the punishment, when I should have appealed the validity of the evidence that showed I turned in an document that was false.
Once we reached shore, I contacted a Navy Lawyer, and started to appeal the whole thing. The Captain was on vacation, so the XO was acting as Captain. He called me into the office and said he did not agree with the Bad Conduct Discharge, and instead, sent a recommendation for a general discharge. Apparently that went though, because less than a month later, I received my discharge paper work and was moved out of the Navy. I was never given a chance to complete my case with the Naval Lawyer.
When I was discharged, I was presented with a large file that contained all the statements, my appeal, the Captains rebuttal and the boards finding. By this time I just wanted to get as far away from the Navy, and what happened. I was pissed off, hurt and confused. In less than 3 months, I went from passing my E-5 test and awaiting promotion, to being kicked out of the Navy. When I returned home, I boxed everything up and forgot about it, till Thanksgiving of this year.
During a recent move I uncovered all my old military stuff. I was going though it when my sister-n-law came over and asked what was up. I explained to her what happened, and she read over the stuff. I am not a young and naive 19 year old now, and as I read over stuff, things started to really stand out. The wording in some of the statements, the lack of evidence, and the haste it was handle with. She urged me to look into it, because based off what she saw, and her limited dealings with the law, felt that there was not enough evidence to even slap me on the wrist, let alone kick me out of the Navy.
So after that long and drawn out wall of text. What are my options. I understand a long long time has passed. But I believe that justice should have no time limit. Is there a way to get the entire thing looked over. Should I have been allowed a lawyer at the mast? Was lack of legal representation actually legal? While the years might have made me wiser, and able to see things with a broader picture, I have yet to become a lawyer. Does my case have any legs, is it to late?