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The Injustice of the Military Judicial process?

Sierra Vista, AZ |

I was legally separated while serving in Afghanistan. Upon my return, I was dating someone and she mad a false claim of harrassment to my company commander. The Co Cdr did not ask me what happen instead he gave me a no contact order. Couple of days later, the same person made a false claim to him that i violated his order. A 15-6 investigation was conducted , the findings were that there are no indications of the violation. A month later, the same lady called me from a blocked number and requested my assistance because of a medical issue. At this time, i rendered my assistance. A week later the company commander said i violated his order. I presented my reasoning . I was issues a GOMOR and currently facing separation actions, What are my options, fight it or request a honorable discharge?

Attorney Answers 6

  1. This sounds like a very frustrating situation. I always think administrative action is at least worth responding to. If you are still within your response time, ask TDS to help or consider giving me a call. In my experience a single GOMAR is not enough for separation action on its own. If you have other paperwork, that would do the trick however. It sounds like there is some history and details not included in your question. Please be sure not to discuss facts that haven't been adjudicated with anyone other than an attorney.

    Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.

  2. You should not put information indicating you violated the order on an open forum. Depending on many other circumstances, the GOMOR may be enough grounds for them to initiate separation, especially given the drawdown of the military. Go to TDS and seek assistance. You might also consider retaining a civilian attorney with experience in military law.

  3. It sounds like your admitting to violating the order. Probably not a goid thing to do in an open forum such as this. As to what you should do, no one on this forum could have enough informtion about your case to give yiu such advice. You need to retain an attorney who wil be able to thoroughly evaluate your case and provide appropriate recommendations. Either contact a TDS JAG or hire a civilian attorney with military law experience. Many if the most experienced militaryl law attorneys in the country participate in this forum. Any one of us will be happy to provide a consult.

    Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.

  4. Fight.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

  5. It may be worthwhile to reach out to one of the experienced military practioners out there like Mr. Cassara and Mr. Cave to further explain your rights and options pending an adminstrative discharge. The options you presented "fight it or request a honorable discharge" are not mutually exclusive and you can fight the proposed discharge, as well as the characterization of service.

  6. As with some of the other commentators, I agree that you need to speak with a uniformed judge advocate or retain a military attorney, immediately. This sort of forum is good to get an idea or feel as to what you are facing, but to get true advice, you need to speak with an experienced attorney to discuss all issues. Without knowing much of the underlying facts of your case, I will say that you should "fight" for your honorable discharge. Inversely, if you do not fight, you will probably receive an other than honorable discharge. At your administartive hearing you can fight on several grounds, such as, the underlying alleged misconduct does not meet the requisite evidentiary threshold, or you can argue that even if the threshold is met that this sort of misconduct does not warrant separation, nor an OTH. Please read my Avvo Profile then call me at 855.MIL.JUST to get your free consultation, or visit my website at v/r Gerry

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