Ask the Judge

Wherein we address questions from our curious correspondents and visitors. If you wish us to consider one of your questions, please submit it by email to jwkastl@verizon.net, with "Ask the Judge" in the message subject.

Dear Reader,

Our first response to any prospective client is that the military has a cost-free support mechanism for every member. We recommend you find out all you can about your situation, and your rights and obligations, from your JAG, Chaplain, Personnel office and Chain of Command. Then, if you feel you need additional help, please contact us, The Military Defender. Our responses to all of your questions assume that you have taken advantage of your military resources prior to calling on us.

1. I popped dirty on the urine test, what do I do?

You've consulted the JAG, the Chaplain, and your most trusted NCO or officer contact. When you call us (800-651-5950), you should advise us of what they suggested, and what you're doing. You should be assembling a chronology or diary of all the events in your life over the last weeks, paying special attention to anything you've eaten, drunk, or otherwise introduced into your body. We will furnish you with a list of additional elements of information we need, so that we can prepare an accurate and documented picture of you, to offset the other side's perception of you as a drug abuser. Above all, be very careful that anything you put in your body from here onwards is free of any suspicious substances. Be especially careful of over  the counter medications and "health" foods that have synthetic or herbal additives.

2. I expect to be called in to answer an investigator's "background" questions about something my roommate is responsible for. How should I prepare for the session?

We can only give you some general advice, since we don't have all the details of your situation. Until and unless you are informed that you are suspected of violating some law or regulation, you must truthfully answer questions posed to you by the investigators. You should be alert for any questions pertaining to your role in any of the matters your roommate "is basically responsible for". Depending on your actual role in the situation, you may need to call for a lawyer's advice at such a point. However, you may only decline to answer a question or to make a statement because you wish to seek an attorney's advice. Of course, at that point, you'd best have either a JAG on your side, or retained a civilian attorney or both. It would not hurt matters to call on us early enough so that we can help you prepare to respond to the situation. Please call us at 800 651 5950 for a free confidential consultation.

3. I suspect that an opposite gender workmate has been telling people that the Commander will be calling me in to discuss "harassment" charges submitted by opposite gender subordinates. As far as I know, any harassment and any charges are just rumors. What do I do about this?

Until you are "called in", there is not much you can do. The nasty thing about "rumors" is that one can seldom do anything to stop them, once they're started. However, you can and probably should prepare yourself for the possibility that you may have to defend yourself. Here are some things we would consider doing, right now. You can, first, consult a JAG to determine exactly what he would recommend you do. Then, you may want to inform your superiors (supervisor, First Sergeant, Exec, Commander), face to face, that certain rumors about you are floating around, that you are innocent of the accusations made by the rumors, and that you want to discuss these rumors with your superiors. Next, you can list the rumors you've heard. Then, build alibis (the true story) and witnesses to support them. Would we somehow "go after" the person we think is spreading the rumors? Not very likely, since any such attempt may lead to further rumors and accusations of harassment. The old adage about "Sticks and stones…" may well be your best guideline for now.

4. I got a DUI downtown. I pled to a lesser offense. Now the boss wants to give me an Art 15 related to the DUI charges, and suspend my security clearance? Can he do this?

Yes, he can charge you under one or more UCMJ articles, and determine to use Article 15 as the framework for punishment. He can also have your security clearance suspended until the clearance granting authority adjudicates (decides) whether you still meet the criteria governing your clearance status. By now, you have or should have consulted your local JAG and received guidance on your available responses to the Article 15, and your clearance reinvestigation is either pending or begun. Now, if you are still uncomfortable about the situation, please give us a call. We'll be happy to talk to you and to help clarify your situation.

5. An opposite gender unmarried friend, same rank as me and in a different unit, spent the night in my barracks room with me. We did some things, which I'm not proud of, but which are legal. Now, I'm being charged with some unlawful and unnatural acts under the UCMJ. There were no witnesses, we were not intoxicated, and I thought it was mutually consenting behavior. I haven't answered the charges or made a statement yet. Do I need your help yet?

You may need our help. There are several possible UCMJ violations, as well as policy and regulation violations, which appear to lurk within your story. The most prominent seems to be that even though both parties consent to certain acts, they may still be unlawful under some legal code (UCMJ, in this case). While we recommend you don't make any statement on these matters without counsel advice, you do have to acknowledge presentation of the charges. Prior to making a statement, a prudent fellow like yourself would probably first make sure he's comfortable with his defense counsel, and then prepare his statement with the counsel's help. We are here as an alternative or as an additional resource for you, beyond those furnished free by your Service. We'll be happy to consult with you on your case as we see it. Please give us a call.

6. I've got 16 years in and a bad back. My commander sent me to a Medical Board. They've offered me 20%. What should I do now?

The Medical Board/Physical Evaluation Board (MEB/PEB) process is one of the most complex areas of military practice. You need to know two things -- fast. First, is what you're being offered fair? Second, what are the in's and out's of the PEB/MEB process?

On the first point, you need a professional who can weigh your medical record and determine the strength of your case and whether it's worthwhile to challenge the percentage being offered you. This decision calls for the joint assessment of two specialists. First, you need a medical doctor who is 100% on your side to reveal exactly what your medical records show, and what your military healthcare givers really said with subtle little clues that only medical personnel know how to interpret. That’s a great strength of our Law Firm. We have an experienced medical doctor on staff.

The system is unfamiliar to many people. We can answer your basic questions. Typically, people wonder

7. I want to sue the military.

Hello, the short answer is that you cannot sue the military. It's called "sovereign immunity". It means that your warm body belongs to them and lawsuits are not permitted. It's also called the FERES doctrine.

The fact that the Nation does not permit lawsuits is a little-understood matter. We aren't surprised that you did not know this. However, it's a reality of life.

For you and your situation, what this means is that the USA doesn't consent to be sued for matters relating to military members. Hurt in battle? You can't sue the commander. Negligent pilot causing plane crash that injured you for life? Same answer. Don't want to go into "illegal" war? Ditto. And so it goes.