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

Washington, DC |

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

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Attorney answers 4


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


It is both common and legal.


Common and legal.

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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 constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is or 804-955-9867.

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