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View Full Version : Article 138 for any legal advisors or jags defense counsels



Krulak lover
04-09-15, 03:45 PM
I joined the Marine Corps in September 2010 with high expectations of being a great Marine. Was stationed in Pendleton, and Okinawa. In 2014 I re-enlisted and LAT moved went to the school house and...

josephd
04-09-15, 03:55 PM
you are not going to get kicked out with 4.6 pro/cons and just a few negative counselings

I don't think we are getting the full story from you here but if you think you are really just getting messed with....Request Mast, that's why it exists

Krulak lover
04-09-15, 06:44 PM
Well to tell the story it would take a long time, because they are finding every little thing to correct me on. Its turning into a he said she said scenario. And how would i explain my issue for a Request Mast, or when talking to a JAG officer.

josephd
04-09-15, 07:08 PM
I'll be honest I am not familiar with the details behind request mast but I do know that if it is legitimate it will scare the hell out of your direct coc(Plt. Sgt/SNCOIC, Co. Gunz, 1st Sgt, CO) because they can get relieved depending on what they find.

USMC 2571
04-09-15, 07:11 PM
He could do both, consult with JAG (defense counsel only) and perhaps later on request mast....how to explain it? Just the way you explained it to us. They won't be surprised. They've seen quite a few things in their experience on a military base.

USMC 2571
04-09-15, 07:16 PM
But make sure YOU do something before THEY do. A common mistake is to wait and wait to see what happens, and by that time they are giving you an Article 15, which you can accept or demand trial by...

Krulak lover
04-09-15, 08:39 PM
USMC2571 Thanks for the advice. You have some good key points in your reply. And thank you all for responding to my post.

MunkyVsRobot
04-10-15, 05:06 PM
Sometimes the problem arises where they "lose" the paperwork or drag their feet submitting it or even say hey you want to request mast on this issue fine but if you go ahead with it we will also try...

Krulak lover
04-17-15, 07:53 PM
Sorry for the delay. So now i have a bunch more info. Since last week i was told to sign a negative counseling that was from two months ago.. I didn't sign it. just throwing that out there to show you how corrupt this is. Yesterday i was about to get non recd again and i denied it. That ended up being the worst ass chewing I've ever seen a SgtMaj give. Not to me but the two Sgts and gunny that were in the office. So the reason again i didn't get non rec was because of lack of reasoning and paper work.

I am close to picking up Sgt. Maybe next quarter i will have it.

But i am going to the defense council this week to start seeing what i can do to protect myself or what not. And i have evidence to back up all of my statements and statements from individuals who whitnessed some of the events taking place on the negative counseling. Thank you all for the advice.

A stupid question maybe. But is there anyway i can go back to my old mos? Ive pretty much burned all my bridges at this unit so yea.

MunkyVsRobot
04-18-15, 07:18 AM
no you said and signed a contract to do your new MOS for whatever length of time your new contract is for. Why dont you request PCS/PCA orders.

Krulak lover
02-12-16, 07:31 AM
History of myself: I have been in the Marine Corps for 5 and a half years. I am currently on a FAP to a different unit and have been with my parent command for 1 year. While I was there for the first 5 months The command tried to non rec me for promotion and when it didn't go through because of lack of a paper trail. They decided to start making one. They tried again and it didn't work. I also witnessed for the first time in my career an act that I have never seen where a command literally lines up lcpls and cpls outside the sgtmaj office to be non rec. I don't think those individuals understand their rights as far as the promotion counselings and non recs play into each other for such a thing. Now I've been on FAP for 7 months and they are trying to non rec me while I'm at a different unit. Which is being shut down for the third or forth time since being on cherry point. now I've read the article 138 on google and it says that you can't file for this article if what your filing for already as a rebuttal process such as a negative counseling. I actually don't know if a non rec has a rebuttal process other than stating your reasoning as to why you don't agree with it when your at the sgtmajs office. In my eyes I see this command as a perfect candidate for article 138 for the simple fact of unfair actions and the abuse of their discretion or authority.


Is this a a good reason to talk to legal?

USMC 2571
02-12-16, 07:37 AM
This is similar, but not identical, of course, with your first thread, and on that thread, on April 9, 2015 I advised you, very strongly, in fact, to head to the legal office, not the regular one but...

USMC 2571
02-12-16, 07:45 AM
If you are trying to crusade for other Marines, don't. The Article 138 process is a formal one, and it goes on the record of the officer you are complaining against, and if you think they were after you on your other thread subject matter, wait until you file an Article 138 on behalf of yourself or others in your unit----you need expert guidance. I have no idea why you didn't heed my advice before, which was given almost a year ago.....what was holding you back from speaking from defense counsel that very first day I advised you to do it, given the emergency nature of what was happening with you in your unit?

USMC 2571
02-12-16, 07:50 AM
Never mind, it ended up being a rhetorical question. I'm used to it. LOL.

Krulak lover
02-12-16, 08:39 AM
I did talk to legal during the time frame you told me too. But at the same time i was given the opportunity to get out of that unit for the FAP i am on. What legal had advised me to do was either not what i wanted hear or i didn't have the right evidence or reasoning to anything. And at the same time that was a long time ago for me so i can't remember exactly what happened.

As always i am very appreciative for any advice on this website. And considering i did not sign anything today for a non rec and nothing has happened to me lately. The only thing i can see myself capable of doing is crusading for other marines. Because of the simple fact nothing happened to me today other than them trying to non rec me. I didn't even see them.

Old Marine
02-12-16, 09:59 AM
What the hell is a non rec?????:evilgrin:

Rocky C
02-12-16, 10:01 AM
2 almost identical threads from the same OP now merged.

Phantom Blooper
02-18-16, 07:43 PM
What the hell is a non rec?????:evilgrin:


Texting for "Not Recommended" ?

Mongoose
02-19-16, 07:19 AM
Alright...what is a az ho.