Legal Question in Military Law in Louisiana

Military law question

I am a Marine who is on terminal leave for retirement. A few months prior I was subject of an NJP, in which I was found guilty of disrespect to a commissioned officer; Despite the fact that I had statements from 4 Marines present at the time of the alleged disrespect; Despite the fact that there was documented history from me to my command (email 3 months earlier) on this same officer. Despite the fact when I was read my rights, and supposedly given all the information to seek legal advice, when I went before the Commanding Officer he was now a supposed witness. The Commanding Officer even called one of the Marines, whose testimony contradicted the charge. The Commanding Officer has transferred, but do I have any way to lodge a complaint? The only reason I accepted the NJP was due to fact I was so close to retirement and could not financially afford a Court Martial proceeding and did not want my family to endure this process from a command who has a history of being vindictive.


Asked on 7/13/08, 7:44 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Military law question

The only way to fight the NJP now would be to file an appeal to the Board for Correction of Military Records. If you can convince the Board that the punishment was unjust or disproportionate, they can overturn the NJP and restore all rights to you. You will need to send a package to the Board to prove your case that the NJP was wrong.

Feel free to contact me if you have any further questions.

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Answered on 7/14/08, 9:09 am


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