Does double jeopardy come into play because after recieving my punishment while in the military is it legal to be chaptered unde

Asked over 1 year ago - Fort Irwin, CA

i was discharged from the military in 2011. I recieved a discharge of general under honorable condidtions for awol. i turned mself in upon return i recieved reduction to e-1 and half of pay taken for 2 months, 45 days extra duty,restriction, escort. under ucmj .I recieved a field grade article 15. Does double jeopardy come into play because after recieving my punishment while in the military is it legal to be chaptered under the same crime also?

Attorney answers (4)

  1. William Emil Cassara

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . This happens all the time, and is not double jeopardy. Double jeopardy means you can't be tried in court by the same jurisdiction twice for the same offense. You weren't tried in court so it doesn't apply.

  2. Andrew David Cherkasky

    Contributor Level 10

    4

    Lawyers agree

    Answered . Mr. Cassara is absolutely correct. While it feels like the military just kept coming after you, it's above board.

    That said, if you think your discharge wasn't justified or the categorization wasn't justified, you have the option to filing a request for upgrade through the Board Of Corrections of Military Records for your service branch. It's certainly something to consider if you are having issues with benefits. Many of the Military lawyers on Avvo can help with that type of work.

    Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice... more
  3. Gerald Richard Healy

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . In the military you can be NJPd then courts martialed for the same offense; however, military cannot court martial then NJP you for the same offense. If you are NJPd the command can use that substantiated misconduct as a basis for your AdSep at a later date. If you want to look into upgrading your characterization of service you need to look into a Discharge Review Board. You can and should have counsel by a military attorney for the hearing.

  4. Amanda Salcido

    Pro

    Contributor Level 11

    Answered . I agree. These are two separate proceedings-administrative and criminal. Very often servicemembers are discharged after being convicted. You can petition the military board to upgrade your discharge.

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