How will the USDB handle Chelsea?
What do you do if you are the United States Disciplinary Barracks (USDB) at Fort Leavenworth, Kansas, the place where Bradley Manning will, presumably, be incarcerated. Via Today. Bradley Manning, the Army private sentenced to military prison for leaking classified documents, revealed he intends to live out the remainder of his life as a woman…. Read More
Courts-Martial: Serious Business
Courts-martial are serious business. For that reason, you are not allowed to laugh about anything contained in the following excerpt from the Washington Post. FORT BRAGG, N.C. — It was an illicit and volatile love affair that spanned two war zones and four countries. The married general couldn’t stay away from a captain on his… Read More
Military-Only Crime of the Day
The last few weeks here have been decidedly unfunny (except in morbid ways). In order to be a bit trivial, I’ll share something that is only a crime in the military–just for you to think about. Article 84–Effecting unlawful enlistment, appointment, or separation. Any person subject to this chapter who effects an enlistment or appointment… Read More
Despite What Your Lawyer Said, It Follows You
In the military, there is a misconduct adjudication process called Nonjudicial Punishment (NJP, also called an Article 15 after the corresponding section of the UCMJ). Typically for lower-level misconduct, it is a way for a military commander to adjudicate and punish misconduct in an expeditious manner, short of court-martial. Possible punishments include a loss of… Read More
Military Sexual Assault (Article 120)
Sexual assault in the military is a regularly-evolving set of laws. Prior to 2007, the laws remained relatively unchanged, but victim-advocacy groups and lawmakers updated Article 120 of the Uniform Code of Military Justice to reflect current perceptions of the crimes and victim rights. As a result, the laws make it tougher to fight allegations… Read More
Fighting later is harder than fighting now
Often, I receive calls from individuals seeking to appeal discharges, courts-martial, nonjudicial punishment, and other adverse actions. Let me be perfectly clear. It is always harder to appeal something. The earlier you are in the process, the better your chances of winning. Here is an example. Private Claude is caught using his roommate’s ATM card… Read More
Can a General Do This?
Straight from the Stars and Stripes (a news source that focuses on the Armed Forces): The fighter pilot freed from jail and reinstated into the Air Force last month after a lieutenant general set aside his sexual-assault conviction was taken off a promotion list, the Air Force said, making it unlikely he will move up… Read More
Hasan Court-Martial Verdict (Sort of)
Major Nidal Hasan has been found guilty–of contempt. It seems that Hasan, for religious reasons, chooses to sport an impressive (by some standards) beard, and the military judge in his court-martial is none too happy about it. To date, Colonel Gregory Gross has held Hasan in contempt of court and excluded him from a few pretrial… Read More
Court-Martial News – June 2012
Far too often, courts-martial end badly for the service member involved. Even cases that end well normally leave the accused worse than they were before the preferral of court-martial charges. Recently, we received news that one of our past court-martial cases ended extremely well for the young man accused of crimes. Three years ago, he… Read More
After the Court-Martial
For individuals convicted at court-martial, the long-term effects can be onerous. While jail is a short-term possibility, most servicemembers convicted at court-martial suffer through long-term stigma caused by the process. 1. The Discharge A court-martial usually may impose a punitive discharge. There are two of these: Bad-Conduct Discharge and Dishonorable Discharge. While there are differences… Read More
