Expert: MARK A. HOWELL - 4/18/2010

Question
QUESTION: Sir, I am being review currently for a ch. 14 separation for misconduct. We are currently deployed to Iraq. How does this process work with certain proper authorities not being located on one FOB? I.E. JAG, TDS, ECT. Also there is certain evidence that they may use that involved physical violence but no serious action taken by our commanding officer. Who do I turn to in this situation? This is not a place where I like to be stressed out over such issues. I have already been told by others that they believe based on what they know that it wont get the momentum needed to obtain the admin discharged, but it still is a concern because actions haven't been taken on several occasions by our commander in regards to the physical altercations of Non Commissioned Officers toward myself, which where not justified, and have been downplayed or "adjusted" to make a valid reason for the incident. Further more i was not properly counseled on these events either. Thank you for your time.

ANSWER: Tremain,
With the information you've given me, and few details, I'm going to make some assumptions.  If I guess wrong, please write back and tell me.
First, I assume you're Army.  What you need to do is contact your local IG representative and ask him to put you in contact with somebody from the Senior Defense Counsel (SDC) that serves your region.  What this person does is give you free advice on what appears to be a legal matter.  This SDC person works solely as your advocate to represent you and does not work for anybody in your chain of command.  You'd be wise to seek his advice.
I hope this helps.
Colonel H

---------- FOLLOW-UP ----------

QUESTION: Roger sir. I am in the army. It is still unclear what my chain of command is up to as far as pushing for the chapter. They are currently attempting to serve me with a art. 15. (i have received one in last year) Could it be possible that they would try to slap me with the article 15 then follow it with the chapter to help prove their case even with the several cases of physical altercations with a NCO? Also is the process to receive an art 15 the same as it would be in Garrison? so far it is not the same steps being taken, and i feel like they are trying to trap me in accepting the art. 15 and still face the chapter, and I am trying to fight both from happening as I did not commit the offense. Thank you for your help.

Answer
Tremain,
If they give you another Article 15, they have to have good reason.  It cannot be associated with the previous Article 15 and related incidents.  It should be the same process whether in-garrison or deployed.  As I said previously, don accept anything until you've talked to the SDC.
Good luck,
Colonel H