OSI did an investigation and my command wants me to write a rebuttal or they say they will seperate me
OSI investigated me and some others and I did not make a statemernt. Now, my command wants me to submit a rebuttal to the OSI report. If not then they say they will seperate me.
A rebuttal to an OSI report? Come on command. Either they don't know what they are doing or they think they know all too well. If you didn't give a statement that suggests to me you invoked your Article 31, UCMJ rights. Even if you didn't expressly do that when asked for a statement, recommend you do it now. You have a right to refuse to make any statement and you have the right to an attorney. Do not let your command tell you otherwise. Your local trial defense counsel should be able to assist you. You also have the right to hire civilian counsel to assist you. Through your counsel, you may well want to see if the government is actually going to give you access to the OSI report. After all, how can you rebut something you don't actually have the benefit of reading? Plus, seeing that report would only assist you in knowing what, if any, evidence they have against you. Importantly, I can't imagine OSI would actually provide you a copy of its report before it is completed and they have contemplated bringing charges against you. Moreover, it would be very poor investigatory work on their part if they let you, a potential witness, read the statements of others and OSI's conclusions as to what transpired - both of which would be in any complete OSI report. Remember, you have rights, so recommend you exercise them.
The answer provided to your question is for information purposes only and does not create, and should not be construed as creating, an attorney-client relationship.
One additional thought and clarification, The command can try to make various representations to you about what OSI will do, but keep in mind OSI doesn't answer to your command; It has it's own command structure. Additionally, for clarification, it would be your command that ultimately decides to bring any charges against you, not OSI.
Good information from Ms. Snow.
Good points.
As other attorneys have written, do not write or speak to OSI about the investigation. You should get free consultation from a civilian defense attorney and/or the ADC. The rebuttal can certainly be used against you at trial or AdSep board....
Good information from Mr. Healy.
Good points.
If your command wants your "rebuttal" then OSI suspects you of wrongdoing. It is possible - although very unlikely - that anything you will write is going to change their minds. It is far more likely that they are seeking your confession or some unwitting admission of wrongdoing. Please also realize that if you say something in writing that they have evidence of to the contrary, they will charge you with the additional act of false statements under Article 108 of the UCMJ. Before submitting any rebuttal you need to go see Trial Defense or a civilian attorney. If you don't want to spend the time or money to do this, you may find yourself with a lot of idle time on your hands in confinement. Be smart.
Good insight from Mr. Shewmaker.
Good points.
DO NOT write a statement without talking to a lawyer. This is a common mistake that makes all the difference. You have a right to a lawyer and to not make a statement, so that is a toothless threat. That cannot be the basis for a separation.
*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.
Well said.
Solid advice.
Good insight.
Do you even know what the investigation is for? If OSI investigated it is likely for something punishable under the UCMJ. Anything you put in that rebuttal can be used against you. I highly recommend you talk to your local JAG ASAP!
Disclaimer: This reply does not constitute legal advice or the establishment of an attorney-client relationship, and constitutes only general guidance based on the limited information provided (your facts as you presented them), and may not take into account additional relevant facts and circumstances pertaining to your specific situation.
Well said.
Solid advice.
Good insight.
Michael S. Waddington
Military Law Attorney in Weston, FLWell said.
Edward Brandon Beckham
Military Law Attorney in Boise, IDGood insight.