Lessons Learned from Recent Discharge Review Board Case
Just a few notes from the latest discharge review board case in Washington, DC. A case before a discharge review board should take an experienced military lawyer 15-30 hours of dedicated man hours. 75% or more is spent in preparation. Like any other legal case, issue-spotting is crucial to success. Having a lawyer who understands… Read More
Army To Initiate Discharge Proceedings Against All Convicted Sex Offenders
Yesterday, the Army Times reported the following: The secretary of the Army has issued an order to round up all convicted sex offenders in the service “as soon as possible” and initiate proceedings for their discharge from the Army. The move is part of the Army’s campaign against sex assault in the service. Soldiers convicted… Read More
Possible Changes to UCMJ Article 32
One of the most important aspects of a General Court-Martial is the requirement that an investigation pursuant to Article 32, UCMJ occur before the referral of charges. This is a longstanding rule, known well to military lawyers throughout the services. However, it is poised to change. Currently, it serves several important purposes, these include: 1…. Read More
Discharge Upgrade Services and Representation
Discharge upgrade cases can be confusing to those who are not experienced with the process and procedures. Every case is different, and every person’s needs are different. We try to accommodate those varying needs by offering a variety of solutions for discharge upgrade cases. Please contact us for more information on these services and pricing…. Read More
Cause for Celebration – Discharge Upgrade
Discharge upgrade cases are tricky. A lot depends on advocacy, issue-spotting, and board composition. Sometimes, luck plays more of a role than we care to admit. Either way, our goal is always to place our clients in a position to maximize their chances at obtaining a good or great result. This week is one of… Read More
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