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Published byFrederick Cannon Modified over 9 years ago
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Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO
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Pg 11 Counseling 6105 Counseling with TEETH CRB (competency review board) Maybe you’re not ready yet NJP Commander’s tool to maintain good order and discipline Administrative Separations You’re FIRED
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YOUR CHOICE It’s a process Three Options Accept and Plead “G” Accept and Plead “NG” Reject
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NOT A CRIMINAL PROCEEDING Three questions to be asked Does a basis exist to separate the Marine If yes, should the Marine be separated If yes, how should we characterize his service ▪ Honorable ▪ General ▪ Other than Honorable
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OTH No educational benefits No medical benefits No criminal conviction BCD No educational benefits No medical benefits Criminal conviction
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Courts Martial
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NJP with TEETH 1 Officer is adjudicator Punishment 30 days confinement Reduction 1 rank (for E5 below) Forfeitures 99% of the time – This will not turn into a conviction
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Federal Criminal Conviction REAL DEAL Punishments 12 months confinement 12 months forfeitures Reduction to E-1 Bad Conduct Discharge
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Federal Criminal Conviction For real, for real REAL DEAL Article 32 hearing (grand jury) Punishments Depends on the crime
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NEGOTIATIONS Pleas Maximum punishments PROVIDENCY APPELLATE REVIEW/LEAVE
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KNOW THEM I have the right to remain silent. I do not have to answer questions or make any statement. Before I decide whether I want to answer questions or make a statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me. If I decide to answer questions or make a statement, anything I say may be used as evidence against me in any court-martial, non-judicial proceeding, administrative proceeding, or civilian court. Even if I decide to answer questions or make a statement, I may at any time stop answering questions, refuse to make any further statements, or request to consult with a lawyer. You will not be punished if you exercise your rights.
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If you’re given the right to remain silent… exercise the right!
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