Marine’s Question: “I received a DUI in February 2018 and it was completely taken care of by March of 2018. I received NJP on August of 2019. In Section 0124 of the JAGMAN addresses Marines being referred to court-martial or subject to NJP after they have been tried domestic or foreign criminal courts. With the Misconduct already being adjudicated or diverted out in town, and there was no approval by GCMCA and notification to HQMC (JAM). How could I get this removed?”

Mr. King’s Response:

“Great question. First, make sure that GCMCA approval wasn’t received (it may have been and you just aren’t aware). Next, you may be able to either appeal the original NJP on these grounds (refer to JAGMAN 0116) or ask to “set aside” the NJP (see JAGMAN 0118 and Part V of the Manual for Courts Martial). Both of these options will require that you show “good cause” for asking for this relief so long after the original NJP, but an experienced military attorney can analyze your case to see if such “cause” exists. I encourage you to reach out to one of us for more in-depth legal help. Good luck!”