Legal Question in Military Law in Florida

is this discrimination?

I have a marine who was recently NJP for possessing alcohol and being underage ,marine A, he was in his room on base at the time. At around the same time another marine ,marine B, who was NJP for actually being drunk underage out in town (we live in Japan), which made it a small, but serious international incident. They were NJP with in the week under the same charges and awarded the same punishment, basically 60 days restriction, reduction in rank, and some loss of pay. They both, while on restriction showed no deviation in their performance at work or at home. After 30 days, Marine B, who works hand-and-hand with the CO who punished him no longer, had to be on restriction and after 45 days of the NJP he was awarded his previous rank (LCPL to CPL). My marine, marine A, still remained and served out his restriction and never got his previous rank back. He later requested mast over the discrimination in punishment and was told that he should not worry about it and that �if everyone would stop worrying about their inequalities the world would be a better place�. Neither the SGTMAJ nor the CO (which has recently changed) could give him a valid reason for the unfairness. My question is does my marine have a chance at settling this?


Asked on 6/28/06, 8:17 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: is this discrimination?

Your marine has the basis to file an Article 138 complaint for redress of grievances against the commander. This article of the UCMJ is the least understood and most powerful of the UCMJ rules because it gives the soldier a right to get their grievance heard.

See http://usmilitary.about.com/cs/militarylaw/a/article138.htm for more information about how to file the complaint.

Good luck.

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Answered on 6/28/06, 9:52 am


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