Legal Question in Military Law in Nebraska

Article 134

My spouse and I purchase a townhouse in Hawaii in 1995, because of the finacial burden, lose of spouse job and upkeep we decided to let the home foreclose in 2001, At that point we stopped making mortage and maintenance fee payment as no one was occupying the home. The Housing Association has a lien against the property and sent letter to My commander on unpaid maintence fees, in the amount of 21K, when the judgement I received said 10K. I was served with a article 134 from my First Seargeant of 22 Nov 04, and was told my commander will be deciding what to do next. I have 19 years in service my career has been outstanding, only bad seed is that home from HI. How long does my commander have before I will know anything. And what type of punishment am I going to get. I'm due to reenlist in Feb 05.


Asked on 12/05/04, 4:17 am

2 Answers from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Article 134

You should make an appointment with the defense section of your base legal office as soon as possible. When you're facing ART 15 non-judicial punishment, you have a right to consult with a military defense counsel. They will be able to answer your questions.

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Answered on 12/05/04, 8:26 am
Steven Brand Steven Brand, Attorney at Law

Re: Article 134

Before being able to answer your question, I need more information. When you state that you were served with an Article 134, do you mean that you were served with an Article 15, charging you with a violation of Article 134, dishonorably failing to pay a just debt?

If so, you are entittled to counsel and usually have 3 days to respond. After the response,action is normally taken within the week.

You are entitled to TDS/ADC counsel for free or to hire a civilian counsel at your own expense.

The type of punishment you can get, in part, will depend on your rank.

Feel free to contact me at 512-259-7324 or e-mail me at [email protected] if you have any additional questions. You may also visit my website at www.courtmartialbrand.com

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

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Answered on 12/05/04, 4:29 pm


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