I was at the hospital cause my baby was chocking i manage to open the airways at home removing the toy but the toy was missing the head at the hospital the nurse was acting negligent and we had and argument he was an officer but i never knew about it .they one now an article 15 ($380 for 180 days, 30 day extra duty ,14 days just allow to go work ,take my rank . do u recommend to go to court martial because i just was trying to protect my family.and i don't think this is fair and 1 Sgt told me that day that hew will do everything at his disposal to damage my military career. help please!
2007-09-21 12:13:37 · 11 answers · asked by hansselhernandez2000 1 in Politics & Government ➔ Military
well i am not sure how far you are in the process.....but by now you should have an attorney from jag.....it does not matter whether she was an officer if it has to do with your family health you have the right to confront someone about it.
I would suggest don't be signing any papers.
you should contact Mathew B. Tully....he use to be in jag.
2007-09-21 16:11:25 · answer #1 · answered by Edgar R 4 · 0⤊ 0⤋
If you were in a military hospital and you are military, the assumption is going to be that you would realize nurses are officers. In any case, if during the cours of the arguement, you attempted to strike or physically remove the nurse, made verbal threats to him or actually struck him, than you are in trouble. Even if the nurse had been a civilian hire, those actions are against the UCMJ. If you choose to go to courts martial, you would need to be prepared to face the possible consuquences of loosing..a possible dishonarable discharge and/or time in jail. While it is understandable to be stressed and emotionaly conflicted after going through what you did with your child, very few courts are going to see that as a reason to allow you to break the law. Talk with a lawyer and see what they suggest, think about what happened and the possible outcomes.
2007-09-21 21:31:18 · answer #2 · answered by Annie 6 · 0⤊ 0⤋
A verbal argument over your child's welfare is not punishable under the UCMJ even if it is with an officer. If you threatened or actually caused bodily harm, then you screwed up. It doesn't matter if it was an officer or an E-1, you will get into trouble! Bottom line is you are allowed to protect and care for your dependent child, but you can not inflict threats or harm in the act of pursuing said care. Officer or enlisted, if you threatened them you are in trouble (if there is a witness), take the article 15. You can also get free legal advise from base legal, in-fact that should have been explained to you at the time your article 15 was read and offered!
2007-09-21 19:37:44 · answer #3 · answered by Anonymous · 1⤊ 1⤋
I am not an attorney and this is not legal advice.
1. You need to speak to your area defense counsel. He/she will get the whole story and read all the statements. It's a bad idea to answer a question like this based on only one account. You must have really gone off at this officer; pressing charges isn't done lightly.
2. If you're going to be nailed for disrespect to a superior commissioned officer under Article 89, you must have KNOWN that the nurse was a commissioned officer. This may be proved by circumstantial evidence. (This is in the Manual for Courts Martial).
3. Keep in mind that not seeing grade insignia isn't good enough to walk on this. If you continued your behavior after being TOLD of his officer status ("I"m a lieutenant" is good enough), then you're cooked.
Military bearing is a good thing to have. You might want to work on that if you plan to have a career.
Bill, MSgt, USAF (Ret)
2007-09-21 19:28:44 · answer #4 · answered by Bill 6 · 5⤊ 0⤋
I kind of have a feeling that if the 1SG said soemthing like that, there may be more then you are telling us.
From your story, it sounds like you would beat and Art. 15 if you respectfully presented your argument to you commander.
Being disrespectful to the 1SG is improtant too, if that is part of the problem.
I understand this could be frustrating, but if you want to beat this, even if you go to a Court Marshal, you need to keep a level head and control your emotions. I know something that can be pationate, like family, it is hard to do that. It can almost be like a panic reaction. That sounds like what happened with nurse. (And all Military Nurses and Doctors are officers).
Talk to your JAG. They can advise you on this best. Just remember, stay calm and be respectful, even if a higher ranked person is wrong, you can correct them, but it needs to be done correctly and tactfully.
2007-09-21 20:12:53 · answer #5 · answered by mnbvcxz52773 7 · 0⤊ 0⤋
I'd have to hear the other side of this incident but it sounds like you got out of hand. A court martial conviction is a permanent life long blemish and not to be taken lightly. I agree with one of the other posters that you should seek legal advice and not ask something this important on Yahoo Answers.
2007-09-22 04:20:28 · answer #6 · answered by Chris L 3 · 0⤊ 0⤋
Definitely go to JAG to see a Trial Defense Lawayer. I would say the best is to take the Art. 15 and then appeal it.
2007-09-21 19:34:39 · answer #7 · answered by J K 3 · 1⤊ 0⤋
Ask for an article 32 hearing!!!
2007-09-21 19:46:35 · answer #8 · answered by Monte T 6 · 0⤊ 1⤋
I think you should be asking a JAG lawyer, not Yahoo answers.
2007-09-21 23:11:46 · answer #9 · answered by jwhite_555 3 · 0⤊ 0⤋
Man, sucks to be you. I would take it to court martial, just on principle, but I wouldn't expect to win.
2007-09-21 19:20:30 · answer #10 · answered by Beans&Rice 2 · 0⤊ 1⤋