From 1986 to 2006, the Uniform Code of Military Justice (UCMJ) listed several offenses as eligible for the death penalty. One of those offenses was rape of an adult. The UCMJ stated that offenses “punishable by death” had no statute of limitations. This meant that these types of cases could be brought to trial at … Read more
Earlier this month, the Army Court of Criminal Appeals issued its opinion in United States v. Delisfort. The case was before the Court on a Government appeal under Article 62, UCMJ. Article 62 allows the Government to file an appeal in a case before it is completed in order to challenge a military judge’s decision … Read more
Last month the Air Force Court of Criminal Appeals issued its decision in United States v. Henderson. TSgt Henderson was a technical trainer for entry-level trainees from 2016-2020. TSgt Henderson made several comments to and about two female trainees within his 12-person class. He made sexualized comments about the two trainees in front of the … Read more
The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Harris. IT2 Harris was at a Fourth of July pool party with friends, many of whom were fellow Sailors. One of these other guests was a female IT1 with whom he had worked on a previous deployment. IT2 Harris and … Read more
Specialist Urieta was charged with one specification of making a false official statement and three specifications of sexual assault. At trial he was represented by his assigned military attorney as well as a civilian defense attorney. During selection of the panel members who would hear the case, one potential member, Sergeant First Class Bravo (not … Read more
The best reason to get your discharge upgraded is because the characterization of service you received was unfair, unjustified, or inequitable. An attorney with experience in military discharge upgrades can evaluate your request, and advise you of your chances of success. Examples of an unfair characterization of service include that the standards employed at the … Read more
Along with the Application for the Review of Discharge, DD Form 293, you are allowed to submit a written “brief” to the Discharge Review Board, explaining why you believe a Discharge Upgrade is warranted. Mr. Cassara will usually file a written submission, along with any supporting documents that justify the upgrade of your discharge. There are … Read more
The Sixth Amendment to the US Constitution guarantees the assistance of counsel to criminal defendants. Over the years, case law has developed regarding the level of competence required of defense counsel in order to meet the constitutionally-mandated assistance. The US Supreme Court case of Strickland v. Washington is the seminal case in this area. In … Read more
The first step is to get copies of all of your military records. To get a copy of your military records, complete the SF-180, Request Pertaining to Military Records, (Fillable SF 180). You can go to this link, type in the information while the form is on screen in your browser, and then print out … Read more
Any administrative discharge, whether it resulted from an administrative board or not, can be upgraded, regardless of the characterization of service. In addition, discharges resulting from special court-martials can be upgraded. The Discharge Review Boards will not consider discharges resulting from a general court-martial.
The Court of Appeals for the Armed Forces expanded the scope of evidence of uncharged acts the Government may introduce at court-martial with its latest decision. In United States v. Greene-Watson, the Court affirmed SrA Greene-Watson’s conviction for communicating a threat to his wife. The charged offense occurred in September 2020 during an argument between … Read more