Got in trouble while deployed for taking medication. Was under alot of stress. Can I fight Chapter 14-12C?

Asked over 1 year ago - Clarksville, TN

Was already given Article 15 as soon as returning from deployment and served 45 days of extra duty, got demoted, and lost 2 months pay. Really need any advice you can give. Do not want to be kicked out. Thanks.

Attorney answers (3)

  1. Jeffrey Archer Rossman

    Contributor Level 9

    2

    Lawyers agree

    Answered . You can fight a 14-12C but you will need the assistance of an attorney. The Army will provide you one or you can hire one at your own expense. Without knowing the specifics of the charges it would be difficult to advise you. I am not sure if this action is for the same conduct that you received the Art. 15 so I'm not sure whether you can be punished further. I would be happy to talk with you. My office number is 615-386-0076. I am retired military myself so I can relate to the stress. Best of luck whatever you decide.

  2. Philip Douglas Cave

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . You will be given a written notification of intent to discharge.
    Depending on the type of discharge - OTH, General, Honorable, depends your rights and ability to "fight" a discharge.
    You should NOT waive any rights.
    Certainly I and my civilian colleagues have represented personnel in these situations.
    You should not waive your rights because that will be considered an "aggravating circumstance" should you get less than an honorable discharge and attempt to upgrade it later. Unfortunately military defense counsel will too frequently recommend waiving rights because "there's nothing that can stop the process." It may be true, the discharge is going to happen, but again refer to my point about the affect of a waiver later.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
  3. Gerald Richard Healy

    Pro

    Contributor Level 11

    Answered . Fight! There is no reason to not if the misconduct has already been disposed of at am Article 15. A lot of individuals facing a court martial for illicit drug use decide to make deal with the prosecution to remove any risk of getting federal convictions, but in your case the misconduct had already been handled at Article 15 so if you get notified of separation procedures contact a uniformed judge advocate or hire a military attorney. All of the military attorneys on Avvo.com give free consults. Call if you want discuss your options. v/r Gerry

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