Misconduct/What happens next

hopes&dreams15

PEB Forum Regular Member
Registered Member
I am an officer. Under 6 yrs of service. Was counseled on mar29 for pissing hot. (Unknowingly ingested). I have nothing going against my record. I have no misconduct counselings. All good things basically. This is my first "offense" of ANY sort. What are the next steps in this process? From my understanding, my packet is sent up to the CG and I just wait for him to make a decision?
I am also going through an MEB. I am at the end of this process. I have already signed my 199 and I received my counseling (on mar29) waiting to be put on the transition list. My PEBLO said in her experience it's been taking the CG 4 months to get back with a response.
My question is, what are the steps that are being taken at this point? Knowing my situation and clean background, how long would it probably take the CG to make a decision? Does the fact that I am an officer have anything to do with the wait time for a decision? Or how fast he makes his decision ?
 

jahlon

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I am an officer. Under 6 yrs of service. Was counseled on mar29 for pissing hot. (Unknowingly ingested). I have nothing going against my record. I have no misconduct counselings. All good things basically. This is my first "offense" of ANY sort. What are the next steps in this process? From my understanding, my packet is sent up to the CG and I just wait for him to make a decision?

I am also going through an MEB. I am at the end of this process. I have already signed my 199 and I received my counseling (on mar29) waiting to be put on the transition list. My PEBLO said in her experience it's been taking the CG 4 months to get back with a response.

My question is, what are the steps that are being taken at this point? Knowing my situation and clean background, how long would it probably take the CG to make a decision? Does the fact that I am an officer have anything to do with the wait time for a decision? Or how fast he makes his decision ?
The military judicial system weighs officers versus enlisted differently; and the punishments either can receive is different as well. The justice system will work itself out in this matter, now what your Commanding Officer chooses to do in this situation is up to him. Rest assured, he can pick up the phone and let the PEBLO know you are facing judicial punishment and well, that's just about takes care of that. There's no getting to a magic date to avoid prosecution (if your CC decides to prefer charges)

It all depends on how your command handles drug infractions. Best thing you can do is contact your defense counsel and work with them on this. Also, the free advice is keep your head down, do nothing to draw attention to yourself, and be the example officer.
 

hopes&dreams15

PEB Forum Regular Member
Registered Member
Okay. Yes I have spoke with an attorney and told him my situation. He says no matter what that the CG will probably just find me guilty no matter what really happened and to just keep my mouth shut. I already had my interview with CID and didn't say a word because the attorney said so.
My commander already contacted my lawyer and told her about what was going on. That's when she called me to let me know she just heard. We got to talking, I told her what happened and she suggested I write a letter to the CG to attach to my MEB packet that is also being sent to him. I was going to but the attorney advised against it. At this point, I just want to get out. After the CG makes his decision, what happens after that?
 

jahlon

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Your attorney is a very very smart person; I highly suggest you listen to everything he says.

Remember, anything ANYTHING you say can and will be used AGAINST you.

I advise you that under the provisions of Article 31, UCMJ, you have the right to remain silent, that is, say nothing at all. Any statements you make, oral or written, may be used as evidence against you in a trial by court-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
 
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