Legal Question in Military Law in Pennsylvania

Can I sue my commanding officer and/or the Marines?

A few year back my commanding officer decided that he would take his grudge against me a step further and have me court marshalled on over 20 false charges. Ultimately, I was aquitted by a military jury of all charges and the file was supposed to be sealed; however, during this long period of time, I was over for a promotion, I accrued over $10,000 in attorney fees and my character was all but ruined by this man. My question is, can I sue my old commanding officer personally for defamationof character? Can I sue the military for reimbursement of attorney expenses? Also, when I applied for my back pay and my promotion, I was turned down my the marines because of the court marshall, which was supposed to be sealed. I now have to apply to the Naval Board to try to get this money, as well as my promotion. How can I prove that I am entitled to this. I have been in the military for 18 year, with a perfect record, with the exception of the court marshall for which I was acquitted. I am still a staff seargent and should be at least one if not two ranks higher. I've seved in Iraq twice in two years and done everything else that I was supposed to do. I was to retire with my higher pay. How can I convince them that I am owed this


Asked on 9/25/07, 9:14 am

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

Re: Can I sue my commanding officer and/or the Marines?

I am not aware of anything that would let you sue the former commander.

The fact that you were court-martialed and acquitted should not be used against you at the time of promotion. Only convictions can be used against you. Of course, that doesn't mean that necessarily always happens.

You're going to need to hire an attorney familiar with the process at the Board for Correction of Military Records, and try to get relief there. You may also consider filing an Article 138 claim for redress of grievances agaisnt the commander. You should talk all of this over with a JAG officer before proceeding.

Good luck.

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Answered on 9/25/07, 9:33 am


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