Kearns is a 1994 graduate of Boston College and earned his M.S. from MIT in Mechanical Engineering. He is currently assigned to SECOND Fleet in Norfolk, Virginia.
If convicted of negligence, Kearns could face up to three months confinement and forfeiture of two-thirds of his pay.
It's a request only: "Navy personnel attached to a vessel or embarked in one are denied the right to refuse Article 15." Or am I missing something?
ReplyDeleteIf his CO were the one administering the NJP, you might have a point. The CO didn't charge him with the offense. Many other reasons why NJP would not apply. But, the legal guys can chime in.
ReplyDeleteAgree many circumstances could pertain (and some precedence). Not at least surprised he wants a court martial. TBD whether the system grants that request. My guess is yes.
ReplyDeleteLess clear to me that the officer holding the Article 15 has anything to do with his request. It's the accused's status that is the legal issue determining right to court martial in lieu of mast.
Technically, he can refuse it and request CM because he was detached from the ship before the charges were made.
ReplyDeleteAgree with Anon @ 7:50 AM. CO of USS DAVIDSON (FF 1045) used a similar gambit in '84 following the death of one of his sailors. Unfortunately for him, it didn't work and the GCM conviction for Dereliction cost him more than Admiral's Mast would have.
ReplyDeleteC-dore 14
CM is over and the good CDR Kearns is exonerated.
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