Legal Question in Military Law in Oklahoma

Other than honorable

My son and his roommate were questioned about huffing Dustoff. Witnesses told superiors that they heard a loud thump come from their room. When they went in there the roommate was passed out with a can of Dustoff in his hand. None of the witness testified that my son had Dustoff or had huffed. My son stated to the investigator that he sprayed in the air but did not inhale. They would not let him have a JAG present when they questioned him. They took this statement after taking him to medical and giving him a Xanax. The roommate denied passing out - his was dismissed at Capt Mast. My son's JAG that went to Capt Mast with him recommended that he request Court Martial because there was no evidence against him and the burden of proof would be on the Navy. My son request Court Martial. Several days later he received papers stating he would have Admin Review. Admin Review recommened Separation Suspension and after 12 months of not getting in trouble it would be dismissed. He is now be separated for Article 92 - Misconduct Commission of Serious Offense. The Rear Admiral overruled and recommended Other than honorable discharge. Is there any recourse. We have all the statements, etc.


Asked on 9/26/07, 11:37 pm

2 Answers from Attorneys
Philip D. Cave Military Law & Justice

Re: Other than honorable

1. It's pretty well known that the Navy doesn't usually suspend OTH discharges these days. Many times, they even discharge when the Board has recommended retention.

2. There is a process that could be followed - through the Navy Discharge Review Board. There are a lot myths, etc., about what they can and will not do. YOu are right to get and keep everything you can that documents what happened.

3. Sincerely, www.court-martial.com

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Answered on 9/27/07, 6:58 am
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Other than honorable

I handle Military Board issues. You may have some options; however, I need to know more details to better assess the situation.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 9/27/07, 7:30 am


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