Summary Court Martial/ Graduated/ honorable

[Blanket]

How will a summary court martial me after the navy? I graduated prototype in 2010, qualified chief reactor watch, and was a WCS. I was found guilty at a summary court martial for assault with a weapon at about my 5 year mark. I lost the NEC but was not reduced in rank, and am still in the navy 2 years later, now with a cryo tech NEC. Getting out next year, how will this affect me? I don't believe it is an actual felony conviction. Any insight appreciated.

[Frank Cable]

Let's hear the story man. Elaborate.

[MMM]

I'm pretty sure that's a felony conviction.

[hamsamich]

What I read on the internet seems to indicate it depends on the maximum sentence possible allowed for the charge (>1 year).  That being said I think every time there is a chance an "entity" needs to make a decision on whether it is a felony or not...it probably depends on how they decide to interpret it.  I'd say yes but maybe not.  I would brace for it being interpreted as one.

[Blanket]

So I'm standing CRW for an NRAP drill. I'm in CG upper lever when this girl tells me that someone had been forceful with her the night before. I'm thinking "ah hell, that's a sexual assault." The guy is in lower level, I make a few threats and nick him with a knife as I'm talking. I was waving my hands, that part was actually accidental. Time goes by and I got to summary court martial while underway, my judge was a medical O4 onboard. 60 days restriction and 2/3 pay for one month. Jail time is only given for E4 and below. So I had re-enlisted as a nuke, still serving out that contract. A few months after the court martial is when I found out I was getting my nec removed and I had to pay back $40,000 which I finished this month. $1600 a month out of my pay. All this happens, I get orders to O2N2 school, and I'm on another ship.

[Blanket]

Found a Supreme Court case. Middendorf vs Henry 1976. Ruling was that a summary was closer to an NJP because of the absense of a lawyer. 6th amendment mentions right to a lawyer. I ran a background check through an online service, it was a waste of money. I'm guessing I'll hire a P.I. as extreme as that sounds, but they'd be able to produce a thorough one.

[spekkio]

Found a Supreme Court case. Middendorf vs Henry 1976. Ruling was that a summary was closer to an NJP because of the absense of a lawyer. 6th amendment mentions right to a lawyer. I ran a background check through an online service, it was a waste of money. I'm guessing I'll hire a P.I. as extreme as that sounds, but they'd be able to produce a thorough one.

Is there some weird reason you are completely adverse to talking to your JAG office? It's free and they can give you the answers you need.

So I'm standing CRW for an NRAP drill. I'm in CG upper lever when this girl tells me that someone had been forceful with her the night before. I'm thinking "ah hell, that's a sexual assault." The guy is in lower level, I make a few threats and nick him with a knife as I'm talking. I was waving my hands, that part was actually accidental. Time goes by and I got to summary court martial while underway, my judge was a medical O4 onboard. 60 days restriction and 2/3 pay for one month. Jail time is only given for E4 and below. So I had re-enlisted as a nuke, still serving out that contract. A few months after the court martial is when I found out I was getting my nec removed and I had to pay back $40,000 which I finished this month. $1600 a month out of my pay. All this happens, I get orders to O2N2 school, and I'm on another ship.

Oh, it's because you're an idiot.

[Blanket]

Yeah I was an idiot. But JAG, great question. I've talked to 2 and received answers from both sides of the coin. I was posting here to see if anyone had personally experienced anything like it. It's not unprecedented but there are not many first hand accounts.

[spekkio]

Yeah I was an idiot. But JAG, great question. I've talked to 2 and received answers from both sides of the coin. I was posting here to see if anyone had personally experienced anything like it. It's not unprecedented but there are not many first hand accounts.

No, you are an idiot.

Look, your first-hand account seems to me like you really haven't accepted the gravity of your actions, nor taken accountability.

Now you think that coming to a forum of nuclear trained professionals is going to be filled with people who slash their coworkers 'by accident,' and are seeking legal advice instead of going to lawyers.

[Blanket]

Just to clarify, it's been 2.5 years. I've definitely beat myself up over it, however just looking for someone with experience. I'm aware they are few and far between. Additionally the trained professionals I worked with.............  But I digress, JAG initially told me I was going to jail for 3 years and if I could plea for a dishonorable with no jail time, take it. I'll be getting an honorable and my G.I. Again, just looking for someone who has experience in the matter.

Edited by GC to keep the post PG.

[Radwraith]

Just my opinion but...If you are getting an honorable discharge in the current political environment, it sounds like your case was treated as NJP (Essentially, Captain's mast.) If so then you are good. I would be sure to disclose it on any security paperwork but there you have it. We actually have a SME on access matters on Nukeworker but he usually lurks in the "getting in" area.

[Chimera]

Just to clarify, it's been 2.5 years. I've definitely beat myself up over it, however just looking for someone with experience. I'm aware they are few and far between. Additionally the trained professionals I worked with.............  But I digress, JAG initially told me I was going to jail for 3 years and if I could plea for a dishonorable with no jail time, take it. I'll be getting an honorable and my G.I. Again, just looking for someone who has experience in the matter.

Edited by GC to keep the post PG.

I've done lots of stupid things with little to no thought.  I've never done one of those stupid things with a knife in my hand and I've never "accidentally" cut someone while stupidly waving an open knife.  You were lucky this time.  Actually, our prisons are full of people who did stupid things with a weapon in their hand without thinking.  I sure hope the young lady in question was suitably impressed with your stupidity.

[Rerun]

No Nuclear Facility in its right mind will grant him access.

[Marlin]

No Nuclear Facility in its right mind will grant him access.

Murderers that have put it on their questionnaire's have been granted access. 

[Rerun]

Not any place I have been and in todays day and age. Aint happening.

[Ksheed]

First hand knowledge of an individual that served time for a vehicular manslaughter charge that is now an in-house employee. Was hired on approximately 3 years after probation ended.

[Marlin]

Frequently Asked Questions About Access Authorization

I have a DUI/felony/drug arrest or conviction on my record. Will this prevent me from getting access authorization from a nuclear power plant? What if the offense was five years or more ago?
The fact that you have a criminal conviction on your record does not alone prevent you from obtaining access authorization to a nuclear power plant. There are no specific criminal offenses that are disqualifying. However, licensees may not deny unescorted access solely on an arrest that is more than one year old and for which there is no information about the disposition of the case. Similarly, the final determination on access authorization cannot be based on an arrest that ended in a dismissal or an acquittal. But your criminal history information will be considered by the licensee along with all of the other information obtained during the criminal investigation when making a final determination about whether or not to grant you unescorted access to a nuclear power plant. The final determination of trustworthiness and reliability is based on reviewing and evaluating the background investigation, psychological assessment and drug and alcohol test.

http://www.nrc.gov/reactors/operating/ops-experience/access-authorization/faq.html#q3

[MMM]

Regardless of anything else, I would be prepared for the question, "Why should we hire you if you're going to attack someone one watch?"