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Go Back   Law Forums at Onlypunjab.com > CRIMINAL LAW & PROCEDURE > Military Law

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  #1  
Old 01-24-2007, 05:06 AM
Jai Jai is offline
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Join Date: Jul 2006
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Default false charges.

Hello there,
I am an married E5 in the Navy and was investigated by NCIS for an Art.120 allegation by an E3 in my command that resulted in a charge of Art 92 Fraternization and Art 134 Adultery. These charges have been reffered to Special Courts martial. The Art. 120 was dropped by my command as the results of the investigation proved consent. I am planning going to Captain's Mast or taking my chances at the Special Courts Martial. I am also considering filing a Art 138. Any other help you can offer?
Thank you.
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Old 01-24-2007, 06:48 AM
legalexpert legalexpert is offline
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UCMJ disciplinary action can't normally be protested via article 138. You also can't petition to have someone else punished. The military generally has vast prosecutorial discretion, there is no requirement that "both parties" be charged
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