I have a soldier who wrote a series of bad checks to the subordinates below him and was subject to a General Court Martial. After the Court Martial the pannel decided to reduce him one grade and thats it. Can I still attempt to chapter him out of the military or is it double jepordy?
If the issue in question already went to a General Court Martial and the presiding judge made the verdict, then that issue is closed. If a further violation occurs, then chapter paperwork may be initiated, but not before.
I'm assuming the original charge was Article 123a, Making, Drawing or Uttering Check, Draft, or Order without Sufficient Funds?
If further violations continue, by all means, drop the paperwork. Until such actions occur, however, the judge's decision is final on this matter.
Please note that this is only my interpretation of what I have read. I am not an Army Lawyer, I'm just a guy who reads stuff. If you would like further clarification of the law or would like a second opinion, by all means, pursue it further at your local JAG/SJA office.
Posts: 339 | Location: Ft. Meade, MD | Registered: 08 August 2008