Following the loss of a few service members at NAS Miramar it seems one or more said members expressed their grievance in a manner that both reflects their character and demonstrates their true motives.
Suggested reading for both said members and the JAG office member(s) they allegedly expressed their grievances to - in any case, a good point to get across to all NAS Miramar personnel for future reference in similar cases.
CHAPTER III of the MANUAL OF THE JUDGE ADVOCATE GENERAL
COMPLAINTS OF WRONGS
0301 PURPOSE
To establish procedures for preparing, submitting, and processing complaints
of wrongs against a complainant's commanding officer under Article 138,
Uniform Code of Military Justice (UCMJ), and complaints of wrongs against a
military superior, who is not the complainant's commanding officer, under
Article 1150, U.S. Navy Regulations.
0302 AUTHORITY
a. Article 138, UCMJ states: "Any member of the armed forces who
believes himself wronged by his commanding officer, and who, upon due
application to that commanding officer, is refused redress, may complain to
any superior commissioned officer, who shall forward the complaint to the
officer exercising general court-martial jurisdiction over the officer against
whom it is made. The officer exercising general court-martial jurisdiction
shall examine into the complaint and take proper measures for redressing the
wrong complained of; and he shall, as soon as possible, send to the Secretary
concerned a true statement of that complaint, with the proceedings had
thereon."
b. Article 1150, U.S. Navy Regulations, states in part: "If any person
in the naval service considers him or herself wronged by an act, omission,
decision or order of a person who is superior in rank or command, that person
shall not fail in maintaining a respectful bearing toward such superior, but
may report the wrong to the proper authority for redress in the manner
provided in this article." For purposes of this chapter:
(1) An Article 1150 complaint of wrongs, which can only be filed
against a superior who is not the complainant's commanding officer, shall be
processed as follows:
(a) Where the respondent and complainant do not have the same
commanding officer, an Article 1150 complaint shall follow the same procedures
enumerated in this chapter for an Article 138 complaint, except that there is
no requirement that the complainant seek redress in writing prior to
submitting an 1150 complaint.
(b) Where the respondent and complainant have the same commanding
officer, that commanding officer shall take final action on the Article 1150
complaint. It is neither desired nor required that the report be forwarded to
the Secretary of the Navy or the Office of the Judge Advocate General (OJAG)
Administrative Law Division (Code 13) in such a case. If the complainant is
not satisfied with the resolution made by the commanding officer, the
complainant may file an Article 138 complaint against that commanding officer.
(2) An Article 1150 complaint of wrongs shall be in the format
specified in Appendix A-3-a of this Manual.
Related articles and procedure may be found here (click to follow link)
CDR. Asra Kron
NASMCO
This in response to CDR Kron's statement on this blog. The first two sentences are nothing less than inflamatory. "Suggested reading for both said members and the JAG office member(s) they allegedly expressed their grievances to - in any case, a good point to get across to all NAS Miramar personnel for future reference in similar cases." JAG does not need a lecture about "suggested reading" and there was nothing "alleged" about the fact that we were approached. This is also an attack against the complainants, "a manner that both reflects their character and demonstrates their true motives." You were warned by JAG to conduct yourself in a proper manner as a US Navy officer. If you wish to take JAG to task, we will be more than happy to accommodate you.
ReplyDelete- Erin Marville, CAPT USN
JAG Corps
To make matters clear:
DeleteArticle 138, UCMJ states: "Any member of the armed forces who
believes himself wronged by his commanding officer, and who, upon due
application to that commanding officer, is refused redress, may complain to
any superior commissioned officer, who shall forward the complaint to the
officer exercising general court-martial jurisdiction over the officer against
whom it is made.
This JAG clearly needs not only a lecture but a slap on the butt and a go back to Navy Law School card, no passing go, no getting 200 bucks.
JAG is now in a position to proceed. You should have conducted yourself in a more appropriate manner, that of a US Naval officer and should have reserved your insubordinate comments for someone who cares.
ReplyDeleteProceed away, Capt. Marville. You really don't know the color of a JAGMAN's cover do you...? Well, I will make sure you do. And what's in it as well. Though judging by your epic failure understanding the transcripts I mention in this entry and above, not sure it matters how much of it you read. Somehow it just doesn't seem to get through to you.
ReplyDeleteWell, I am done schooling you, Captain. Find someone else who will.
CDR. Asra "Cougar" Kron
NASMCO