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Posted: 11/18/2003 4:41:48 PM EDT
I have a couple of questions on the MCM.
Link Posted: 11/24/2003 2:28:01 PM EDT
why not call base legal at any one of the dozens of bases there? or, just ask your question, you never know, somebody might know, or have an MCM handy to refernce for you.
Link Posted: 11/24/2003 2:32:58 PM EDT
Civilians can't use base legal. here is the question: Per the MCM, JAGMAN, and LEGALADMINMAN there are three people who can set aside an NJP. The Officer who imposed it. The Office that imposed it. Any subsequent CO of the Accused as long as the rank and position are the same. The question is I was in the Marine Corps and ADSEPed under strange cicumstances (e-mail me if you need details) and am currently in the NC Guard. My Battalion CO is willing to set aside my two NJP's because of the irregularities in them. Would the USMC honor this? Second Question: In one of my NJP's I was prohibited from the following and have documentation Questioning a key witness (NCOIC). Seeking Legal Counsel when requested. Terminating NJP prior to ajudication to request Court-Martial. Is this enough to have BCNR remove the NJP from my record? If the first question is in the affirmative the second is moot. My plan if my current commander can set aside my NJP is to submit the order seting them aside to BCNR and have them removed and since the only basis for SEP was the 2 NJP's that falls away as well. Any help you can provide would be appreciated I have read the regs, but it would be nice to get an SJA's opinion.
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