Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO Pg 11 Counseling 6105 Counseling with TEETH CRB (competency review board) Maybe you’re not ready yet NJP Commander’s tool to maintain good order and discipline Administrative Separations You’re FIRED YOUR CHOICE It’s a process Three Options Accept and Plead “G” Accept and Plead “NG” Reject NOT A CRIMINAL PROCEEDING Three questions to be asked Does a basis exist to separate the Marine If yes, should the Marine be separated If yes, how should we characterize his service ▪ Honorable ▪ General ▪ Other than Honorable OTH No educational benefits No medical benefits No criminal conviction BCD No educational benefits No medical benefits Criminal conviction Courts Martial NJP with TEETH 1 Officer is adjudicator Punishment 30 days confinement Reduction 1 rank (for E5 below) Forfeitures 99% of the time – This will not turn into a conviction Federal Criminal Conviction REAL DEAL Punishments 12 months confinement 12 months forfeitures Reduction to E-1 Bad Conduct Discharge Federal Criminal Conviction For real, for real REAL DEAL Article 32 hearing (grand jury) Punishments Depends on the crime NEGOTIATIONS Pleas Maximum punishments PROVIDENCY APPELLATE REVIEW/LEAVE KNOW THEM I have the right to remain silent. I do not have to answer questions or make any statement. Before I decide whether I want to answer questions or make a statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me. If I decide to answer questions or make a statement, anything I say may be used as evidence against me in any court-martial, non-judicial proceeding, administrative proceeding, or civilian court. Even if I decide to answer questions or make a statement, I may at any time stop answering questions, refuse to make any further statements, or request to consult with a lawyer. You will not be punished if you exercise your rights. If you’re given the right to remain silent… exercise the right!