Legal Question in Military Law in Virginia

i recently had captain's mast within the navy and received drop in rank from e-4 to e-3, 30 days restriction, and 30 days emi. i was accused of article 86 and 92, unauthorized leave and failure to obey a lawful order. it stemmed from my command saying i was not onboard my ship at the prescribed time. i explained at captain's mast that i was onboard on time and if i was late then they would have confiscated my id upon onboard as they did for many late returners. my id was not confiscated and this is my first time ever having njp or anything like this. my record shows all my evaluations have been EP (early promote) as i have been in service for 4 years now. during XOI, which is before captain's mast, i requested to have a lawyer. i was not allowed to present evidence, have councel, or witnesses at captain's mast because they told me of the captain's mast as they approached me and walked me directly to mast. i would like to appeal this captain's mast and regain my proper rank. what can i do?

Asked on 2/14/11, 7:55 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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See the JAG officer (or equivalent) assigned to your unit.

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Answered on 2/17/11, 5:39 pm

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