Gunrock_T/A_0811

iTrader: (1)

Anyone know anything about punishments as far as an article 15 or NJP goes? Myself and another marine were charged with article 92 disobeying a direct order. We were charged for the exact same reasons, for an incident that occurred over 4 weeks ago. We just got charged Friday, but they took my rank and not his because I was sent to the hospital last wed for intoxication and suicidal threats etc. What the BC said to me on why he took my rank is because I had another incident with alcohol. Sure I went to the hospital, sure I was drunk, but it was not after the 8 hour prior to duty, I was not doing anything illegal per-say and I was discharged with nothing but a ref feral to SARP and Division Psych. WHat I am asking is if they could legally take my rank because of an incident that was unrelated to my case, and an incident where i did nothing wrong they just took me as a precaution so I wouldn't harm myself. Any help would be appreciated as I am trying to put an appeal together and need to see if it is actually worth the trouble.

bene

iTrader: (16)

what was the order that you were disobeying?

Did you mean you got demoted? Were you the ranking enlisted between you and your friends?

I don't see the relation of what has your Art 15, charged for violation of Art 92 and getting demoted because of your alcohol related incident. You aren't telling the whole story... Unless.

This is my guess of course, you were told (ordered) to not drink or not to hang out with your friend by your Sgt or supervisor however you disregard his orders therefore charged for violating art 92 and got an article 15 ala' demoted to a lower rank. You got demoted because you are probably got more rank than your friend and should now better.


This is my experience from a supervisor (SSgt) point of view.

You are better off asking your Marine or Navy defense counsel to get a professional help.

Gunrock_T/A_0811

iTrader: (1)

we both got in trouble for alcohol, but were punished on a company level and that was supposed to be it. Get back from an Op and of course everyone was drinking so we drank. I have been dealing with depression ptsd etc, so they kind of keep an eye on me so they sent me to the hospital again and then used that as a reason to Demote me. The other marine and I were the same rank, not NCO, and both have issues with alcoholism and were in the process of seeking help. Im just wondering why my rank gets taken if I did nothing legally wrong, yah I drank again after the first incident, but I didn't disobey an order, didn't hurt myself or someone else, stopped drinking 10 hours prior to duty, they just took me to the hospital because of my history etc.

bene

iTrader: (16)

You disobeyed an order because you got charged for violating an art 92. What order was it? I don't know because the paperwork isn't at my face for me to read. You should able to find out though.

Both of you and you buddy might have the same rank but not time in grade/service.

Best advice I can give you is what I said earlier, navy defense counsel.

MUSTANGBRKR02

iTrader: (91)

Or stop getting in trouble.....

You don't get NJP'd for being a good Marine and doing what you are supposed to do.

redrocketSS

iTrader: (1)

THIS! Your not telling the whole story and if you have been sent to the hospital more than once for drinking i can almost gaurentee you were directed to stop drinking.

slowpoke96z28

iTrader: (2)

brother to brother, GET HELP with getting off the drank. WTF devildog???

legally (i'm not a lawyer, jag, or anything other, etc disclaimers) if you are taking anti-depressants perscribed by a navy doc, i can almost garauntee he told you not to drink while taking those pills. if so, you drinking even one sip was a violation of an order given to you by a superior officer, and therefore, illegal. as far as losing rank, the rule as you know is based on their rank. the old saying was "if they can promote you, they can demote you". him NOT demoting the other guy was discretional mercy, which he has the right to excercise. doesnt mean he was unjust to you by taking rank. was the alcohol some bottled beer or in cups? if you are a POS lacking integrity, if cupped, you could say it was served to you and you weren't aware it was alcohol. that might work if you deffered NJP and requested a court martial instead. other than that, it seems square. consult base legal to be sure though.

now, more brother to brother. ok, you're losing some money. sounds like you wasted a lot on alcohol, so nothing lost there. you lost rank, yeah, but it comes back. hell, you can still get your good cookie on time if you dont get another njp. let this be an example to yourself and other to not be doing DUMB ****. dont mention ptsd, and then not follow the treatment plan. fwiw, you are lucky you didn't injure yourself while you were drunk, or that would've been ANOTHER alcohol related charge on top of the original one (yes, they can charge you for that). so talk to your squad leader, whoever, and get squared away and kick this drinking b/s, heal your mind and continue training. dont let the the mujj or taliban claim another 7,000 mile casualty. and i tell you this, if you were mine and i thought there was a 0.5% chance of you getting behind that modded ls1 drunk, OMG stand by dude. you wouldn't have the time or energy to drink OR drive. i'm getting pissed just typing this, and i been out 6 years... square your **** away and get it all straight, then get back to leading you Marines. You are a better, stronger man than this...and nothing but cake and milk for you thursday lol...