CAAF

In 2009, Army Major Nidal Hasan, an Army psychiatrist, walked into a Soldier Readiness Processing Center on Fort Hood, Texas and opened fire with a semiautomatic handgun equipped with laser sights. He killed thirteen people and wounded thirty-one others. The attack ended when he was shot by responding law enforcement. As a result of his … Read more

In February 2020, SSgt Flanner, USMC, was deployed to Kuwait as a contracting officer. He submitted four purchase vouchers for more than $30,000 for payment during that month. The Government claimed that they were fraudulent and NCIS opened an investigation into SSgt Flanner in May 2020. In May 2021, NCIS brought SSgt Flanner in for … Read more

The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Salinas. Petty Officer Second Class Salinas was convicted of attempted sexual assault and assault with intent to commit sexual assault. The two offenses were charged in the alternative, so PO2 Salinas was only sentenced on the attempted sexual assault offense. … Read more

air force drug conviction

The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Harborth. Chief Harborth and his wife were having an argument over her suspicion that he was having an affair. The Chief’s wife asked to see his cell phone and he began to delete pictures from the phone. The Chief’s stepdaughter … Read more

The military justice system has drawn criticism over the years due to the role that commanders historically played in deciding which cases went to trial. This criticism has been heightened in recent years as Congress has sought to address issues regarding the handling of military sexual assault allegations. The FY22 NDAA included Congress’s attempt to … Read more

The Army Court of Criminal Appeals recently reversed a guilty finding for rape in the case of United States v. NievesVele. PV2 NievesVele was convicted of rape and sentenced to 14 years confinement, a dishonorable discharge, and reduction to E-1. At trial, the alleged victim testified that PV2 NievesVele had committed forcible penetration without consent. … Read more

The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Nina. LCpl Nina was investigated for the introduction, possession, and distribution of LSD aboard Camp Pendleton, California. When he was interviewed, LCpl Nina admitted his crimes and named the Marines to whom he distributed the LSD, as well as the … Read more

UCMJ

The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Miller. On its face, the case seems rather straight-forward. Antonio Miller served honorably for a four-year enlistment in the United States Marine Corps from 1972 to 1976. Upon his discharge, Miller enlisted in the United States Navy. Almost two years … Read more

William E. Cassara, Military Law Attorney

Article 15 of the Uniform Code of Military Justice allows commanders to impose punishments for minor offenses without sending the matter to a court-martial. It is intended to allow commanders to deal with lower-level disciplinary matters quickly and then move forward with the mission. The servicemember can decide whether to appear before the commander personally … Read more

The Court of Appeals for the Armed Forces (CAAF) recently decided the case of United States v. Brown. Chief Brown was one of 11 chief petty officers assigned to a Coast Guard cutter. While the ship was in dry dock, the group used a group text chat to communicate regarding ship’s business. On three occasions, … Read more