son's c/o pushing my son out?

Replies to This Discussion

Permalink Reply by Sammy Young on October 2, 2013 at 12:53am

Your son has several options, all of which will resolve the matter one way or another quickly. First, he can request "Captain's Request Mast", where he can ask the Captain point-blank why he is on his butt. I have seen several people request Captain's Request Mast for this reason (or because the Engineer is riding them and they need the CO to intervene or stuff like that) and EVERY single time the matter was resolved BEFORE it got to that point. If the Captain opts to just transfer him to another boat, that is an option, but one that will have negative connotations upon your son. HOWEVER, if your SON requests the transfer, there is NO negative connotations. And if he becomes the only case I have ever heard of that actually got to the point of Captain's Request Mast before resolution and he is not satisfied, he can then request Admiral's Request Mast to air out his complaints. But that would have really bad connotations unless he proves the point and the CO get's canned (extremely unlikely unless he is covering-up a sexual assault on his ship as some former CO's have found out the hard way). And forget calling IG- that would put a big ass target on your son's head FOR LIFE. So, my advice- have him drop a "Request for Captain's Request Mast" on his Leading Petty Officer tomorrow morning and watch the shit hit the fan! Trust me- IT WILL BE RESOLVED ASAP!

• ▶ Reply

Permalink Reply by Sammy Young on October 2, 2013 at 1:04am

Oh, on the other point- the Commanding Officer is charged first and foremost to ensure the good order and discipline of his/her ship. That gives him the authority to be judge, jury, and executioner (figuratively, please!) on any member of his/her crew. This is because when you are in the military, you more-or-less give up many of your civic rights because you are now under the jurisdiction of the Uniformed Code of Military Justice (UCMJ). The primary difference between Civic Law and the UCMJ I always used in the Navy and never once has anyone corrected me or said I was wrong:

Under Civic Law, you are innocent until proven guilty

Under the UCMJ, you are presumed guilty as Hell and if not, they will find something to find you guilty of!

Seriously- the UCMJ doesn't have many of the protections like the right to remain silent, right to an attorney before questioning, etc, etc... it's sick, but it works.

• ▶ Reply

Permalink Reply by George M. Klaes on October 3, 2013 at 4:55pm

Sammy and Jim,

     The CO usually finds a sailor guilty not because the sailor isn't entitled to a presumption of innocence, but rather because the sailor is being accused by his seniors and the CO is predisposed to side with him. The sailor is legally entitled to representation but rarely do they know that nor will they be told that and the legal officer is subordinate to and works for the CO, so counsel is not normally provided. Usually though, no one on the ship is going to put their own neck in the noose with the sailor.

      When the sailor is ruled guilty by the CO, the sailor may appeal to the Admiral, CNO, SECNAV, Military Appeals court, then it splits to appeal to the United States Supreme Court or the Commander in Chief depending upon whether or not it involves an issue the Supreme Court has jurisdiction over.

       Parents should address their letters to the CNO and the SECNAV respectfully requesting they look into the matter. Parents may request JAG representation for their sailor as well. The sailor is entitled to representation from JAG officers at any level of the proceeding but the sailors generally aren't informed of their right to counsel.

       Contacting the right JAG office is essential since the request must be made to the JAG office that has jurisdiction.

• ▶ Reply

▶ Reply to Discussion