Legal Question in Military Law in Virginia

Good Afternoon Sir o mam, I am recieveing an OTH for dissobeying a direct order. On my charge sheet, it states what i disobeyed. I have evidence backing that what I got NJP'd for was not what i was doing. I have recieved advice from other higher up's saying i should have taken this case to a court martial but i did not want to take the risk and have bigger affect on me.


Asked on 5/07/10, 10:21 am

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

Whether you should have demanded a court-martial or not is now a moot point. You need to request an administrative discharge board and fight the proposed OTH. If they are trying to give you an OTH, you have the right to have an administrative discharge board hear your case, to be represented by counsel, and to call witnesses and present evidence in your behalf. The evidence you have that you did not disobey an order can be used in the hearing to support your view that you should not be discharged or at least do not deserve an OTH. You should make sure that you invoke all of your rights and fight this with an attorney who will really fight for you.

Please feel free to contact me if you have any questions or want to discuss this further.

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Answered on 5/12/10, 12:40 pm


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