Posted on Aug 4, 2019
A1C Prisoner
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Scenario:

service member allegedly commits an offense but there’s no proof for or against it and they have 3 days to respond with their side and evidence.

But prior to the service member responding, for whatever, reason punishment is already put in place and scheduled to begin immediately after the service member present their evidence. So for all intents and purposes the punishment authorities mind is already made up and the presentation of a rebuttal is less due process and more a formality.

Is there a law or regulation that governs this action?
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Responses: 24
Lt Col Jim Coe
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Go see a lawyer. This isn’t a subject for social media. You could prejudice your case.
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A1C Prisoner
A1C (Join to see)
11 mo
It’s for something I’m writing not a current situation
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MSG Infantry Senior Sergeant
MSG (Join to see)
11 mo
Think consequences and your relationship within the command before you act.
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Lt Col Jim Coe
Lt Col Jim Coe
11 mo
A1C (Join to see) well, you should-a said so. RPers could help you speculate with great skill, knowledge and even humor. Be straight with us and we’ll help you.
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SFC Tom Crenshaw
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Lawyers offer excellent legal advice, that's their job. Ask me about ammo. That's my job.
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1SG First Sergeant
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Punishment for non-judicial punishment is always scheduled for right after the hearing. That's when you begin extra duty. It does not mean the commander has made up his mind. You are given "a reasonable amount if time" to talk to a lawyer, use it. If you really think your due process is being infringed mention it to the lawyer. He will inform you of your options, which will more than likely be court martial. I don't know the supposed crime, but court martial for something small and stupid may not be the way to go.
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A1C Prisoner
A1C (Join to see)
11 mo
This would be for paperwork that’s equivalent to counseling’
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