Posted on Nov 19, 2014
If I stay in, I may be subject to dishonorable discharge, or I may be able to get a voluntary honorable discharge. What should I do?
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LTC Paul Labrador
Have they already done an investigation? That is part of the due process. Bear in mind, the level of evidence for an AR 15-6 or Art 32 (since you are saying this may lead to criminal charges) is preponderance of the evidence. If they haven't conducted an investigation and the evidence that you are not guilty is solid, you should not have to get a discharge and I would fight it. But you still need to talk to a lawyer or JAG.
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SSgt Valence Mitchell
I agree with the comments made. If your charges are that serious, you need to get legal help sooner than later. Get JAG involved. If you can get a good military experienced civilian lawyer, that wouldn't hurt. But I would strongly suggest against getting a civilian lawyer that isn't familiar with the military code of conduct or UCMJ.
Best of luck.
Best of luck.
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SSG (Join to see)
SSG(P) (Join to see) , there's a USAR JAG office on Ft. Bragg. Also, most JAG Officers in the National Guard are civilian lawyers as well. If USAR isn't any help, try getting in touch with the JAG office at JFHQ and see if they can point you in a direction.
http://legalassistance.law.af.mil/content/legal_activities.php
http://legalassistance.law.af.mil/content/legal_activities.php
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No good comes from running away to take the easy way out. No one accuses me of something I didn't do! I would take great pleasure in standing there and let them try to pin something on me that I didn't do. Get legal representation, be 100% forthright and honest, and prepare for glory!
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CW2 Joseph Evans
SFC Mark Merino, I'm thinking for the benefit of the SM, this thread should be sanitized regarding the details he's already divulged. Since this appears to be an ongoing investigation, public forum may not be appropriate....
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SSG(P) (Join to see)
SPC Voye, if you are truly innocent of the accusations that have ben made, you should stand up to them and fight them. I would never walk away from them and I don't think you should either.
As others have suggested, get legal advice from the SJA. Such help is available to members of the Reserve Components, as was posted by WO1 (Join to see) in an earlier post. They will help you make a decision about the steps you need to take.
In addition, you need to discuss this with NCOs and/or officers in your unit that know you and that you feel comfortable talking to. Contrary to what you may think, they are interested in you as a person and soldier and will be frank with you about your options and will offer suggestions.
Not knowing the circumstances makes offering advice to you very difficult. Seek out somebody in your unit that you know and trust and seek his/her advice. Don't make this rash decision on your own. Get advice, weigh your options and then do what your heart and common sense tell you to do.
Have faith in the system that, if you are truly innocent of what you may be accused of, you will prevail. Be true to yourself.
SPC Voye, if you are truly innocent of the accusations that have ben made, you should stand up to them and fight them. I would never walk away from them and I don't think you should either.
As others have suggested, get legal advice from the SJA. Such help is available to members of the Reserve Components, as was posted by WO1 (Join to see) in an earlier post. They will help you make a decision about the steps you need to take.
In addition, you need to discuss this with NCOs and/or officers in your unit that know you and that you feel comfortable talking to. Contrary to what you may think, they are interested in you as a person and soldier and will be frank with you about your options and will offer suggestions.
Not knowing the circumstances makes offering advice to you very difficult. Seek out somebody in your unit that you know and trust and seek his/her advice. Don't make this rash decision on your own. Get advice, weigh your options and then do what your heart and common sense tell you to do.
Have faith in the system that, if you are truly innocent of what you may be accused of, you will prevail. Be true to yourself.
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