Captain Rafiel D. Warfield, USMC
Defense Counsel, Legal Team ECHO
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Pg 11
 Counseling
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6105
 Counseling with TEETH
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CRB (competency review board)
 Maybe you’re not ready yet
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NJP
 Commander’s tool to maintain good order and discipline
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Administrative Separations
 You’re FIRED
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YOUR CHOICE
It’s a process
Three Options
 Accept and Plead “G”
 Accept and Plead “NG”
 Reject
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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
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No educational benefits
No medical benefits
No criminal conviction
BCD
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No educational benefits
No medical benefits
Criminal conviction
Courts Martial
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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
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Federal Criminal Conviction
REAL DEAL
Punishments
 12 months confinement
 12 months forfeitures
 Reduction to E-1
 Bad Conduct Discharge
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Federal Criminal Conviction
For real, for real REAL DEAL
Article 32 hearing (grand jury)
Punishments
 Depends on the crime
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NEGOTIATIONS
 Pleas
 Maximum punishments
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PROVIDENCY
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APPELLATE REVIEW/LEAVE
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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.
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You will not be punished if you exercise your rights.
If you’re given the right to remain silent… exercise the right!