CoC offers NJP because poor evidence/quick/inexpense. SM demands C-M. Must CoC oblige, or can CoC do GOMOR+14-12c instead?

Asked about 2 years ago - Washington, DC

Straightforward. Just curious if their lazy work-around is common/legal.

Attorney answers (4)

  1. Philip Douglas Cave

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Yes.
    If a SM declines Art. 15 the commander options are: court-martial, GOMR (and) commencement of elimination proceedings, or do counseling and adverse performance report ant nothing else. There are other administrative actions that might be involved - flagging, removal of security clearance.
    How quickly and how effectively this works depends on rank, unit, charges, and evidence.
    Sometimes if the work is lazy then there can be successful challenges to administrative actions.

    mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client... more
  2. William Emil Cassara

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . It is both common and legal.

  3. Rixon Charles Rafter III

    Contributor Level 20

    Answered . Common and legal.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. Wojciech Zbigniew Kornacki

    Contributor Level 12

    Answered . CoC can proceed with adverse information. If a Servicemember demands a court-martial, the convening authority has 2 options 1) prefer charges or 2) drop NJP. Here the convening authority chose option 2, and decided to come back with adverse information + chapter (not OTH). This can be challenged by 1) effectively rebutting the GOMOR, 2) submitting request not to chapter, 3) filing an Art 138 complaint against the convening authority, and 4) depending on the evidence - contacting board for correction of military records to let them know that the GOMOR is baseless. It all depends what the Servicemember wants to do 1) continue to serve or 2) get out.

    This information is intended for public use only, it does not form an attorney-client relationship and it does not... more

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