I am in the Navy. I went to captain mast for something i didn't do and was dropped in rank. I appealed the punishment and it was denied. Now I'm facing higher tenure. Is there anything else i can do? Can i appeal the appeal? Can i get a lawyer? I refuse to let my career end for something i didn't do.
If your appeal for NJP was denied, your next and only recourse is to apply for a correction of military records on the grounds of error or injustice. The standard is high. Your ability to apply limits you to few attempts to I would encourage you to find counsel to assist you. If you are still on active duty, you can also employ the aid of a base legal assistance attorney. Civilians also specialize in this particular field.
Understand any entity that reviews this finding of guilt starts from a baseline that it is correct. It's up to you to PROVE it's incorrect and that you are innocent (or not guilty). That's a big hurdle. Assuming you really are innocent, and have some way of showing it/proving it, something above a mere denial, and there's weak evidence of guilt, then it's worthwhile to pursue. Otherwise it's a waste of time. While Mrs. Stewart is sort of correct, going that route won't do you any good since it will take far too long to get a response. Even if favorable, much harm will likely come to your career while you wait the many months for a response. Assuming you have some powerful exonerating evidence, I would try to take a more immediate approach for immediate relief. I would petition up the local chain of command via additional appeals in hopes of getting local relief faster. If it's simply your denial against some evidence of guilt, then appeals to higher command and the corrections of records is going to be a waste of time, since you need overwhelming evidence of innocence. If this was helpful please mark it so.
*NOT LEGAL ADVICE. YOU HAVE NOT PAID ME A RETAINER. WE DO NOT HAVE AN ATTORNEY CLIENT RELATIONSHIP. This is general information for educational purposes only. You should always hire a lawyer and reveal all the unique facts to get the best answer for your unique situation. Answering this question on a public forum does not create an attorney-client relationship.
Agree that you need to petition the BCMR. This can take many months, so you should start immediately if you're facing HYT.
Please disregard any AVVO reference on their website indicating "Free Legal Advice". The information I provide does not constitute legal advice, but is offered only for general educational purposes. Any answer I provide does not create an attorney-client relationship. For legal advice, you must retain an attorney to work on your behalf. THIS ANSWER IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES.
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