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If you were convicted at a court-martial of an Article 134 charge, you need to dig up that charge sheet and take a close look at it.  Recently, court-martial appellate courts have been paying close attention to the wording of Article 134 charges and granting relief to appellants when the charges are not written properly.  … Read more

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I recently represented an Army SFC (E-7) who was accused of misconduct while downrange.  He submitted a Chapter 10 discharge “in lieu of court-martial” and received a general discharge.  We petitioned the Army Discharge Review Board on his behalf. We obtained statements from numerous soldiers he had deployed with and cast doubt on the underlying … Read more

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Most people in the military or retired from the military have heard of the Board for Correction of Military Records (BCMRs).  There are three of them, representing the Army, Navy and Air Force.  What people may not know is what the members of these boards can do.  The members of the BCMRs have extensive authority.  … Read more

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Mr. Cassara represented a Navy Lieutenant (0-3) who was passed over for promotion as a result of adverse OER’s.  As a result, the officer was separated from the Naval Reserves.  We petitioned the Board for Correction of Naval Records on the officer’s behalf, arguing that the adverse OER’s should be removed and the officer should … Read more

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It is no secret that there has been a huge focus on the prevalence of sexual assault in the military recently.  Last summer the documentary “The Invisible War” was released in an attempt to highlight this prevalence.  Additionally, last year at this time, Secretary of Defense Panetta announced several new policies pertaining to sexual assault, … Read more

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Mr. Cassara recently represented an Army Lieutenant Colonel with 37 years of combined service who was accused of larceny of government property from downrange. The exact allegations included stealing and selling military property and conspiracy with an enlisted soldier.  Through careful negotiations and a successful trial strategy, the officer was not dismissed from the service … Read more

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Recently, the Court of Appeals for the Armed Forces (CAAF) heard two unique court-martial appeal cases, one of which involves the police overstepping their bounds during a search and the other involves a prosecutor overdoing it during his closing statement at the court-martial.  On March 8, 2013, in U.S. v. Cote, CAAF determined that a … Read more

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I have encountered several clients who were discharged from the military for misconduct or some other reason, when they really should have received a disability separation or retirement.  More often than not these individuals have Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) or some other mental condition.  Sometimes these conditions are not obvious … Read more

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On 12 March 2013, a bipartisan bill was introduced called the Military Judicial Reform Act.  This bill is intended to amend Article 60 of the UCMJ to withdraw the power military commanders currently have to change the findings and sentences after a court-martial is over.  If this bill is passed, what does it mean for … Read more

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There is life after bad paper.  Just because your commander decided to file your letter of reprimand in your official file (OMPF) or you have an Article 15/NJP sitting there haunting you, doesn’t mean you can’t do something about it.  Having an Article 15/NJP or letter of reprimand in your OMPF is certainly cumbersome.  It … Read more