In order to get your discharge upgraded, the burden of proof is with the applicant to demonstrate to the discharge review board that his or her discharge either lacked “propriety” or that it was based on “inequity.”  So, what do these terms mean?  Propriety refers to whether or not service regulations were followed in the discharge process.  … Read more

A couple of weeks ago, I published a blog about the importance of presenting extenuation and mitigation evidence during the sentencing phase of a court-martial.  Recently, the Army Court of Criminal Appeals (ACCA), in U.S. v. Sickels sent out the same message.  ACCA set aside a life without parole sentence for SGT Sickels because ACCA … Read more

PFC Manning’s unsworn statement delivered during the sentencing phase of his court-martial a few days ago has been all over the news.  During his statement he apologized for hurting people and for hurting the United States.  Some of you out there may be wondering what in the world an “unsworn statement” is.  This is a … Read more

At the sentencing phase of a court-martial, the panel or military judge has already determined that they believe the servicemember to be guilty of a crime.  However, prior to being sentenced the servicemember has the opportunity to present matters in extenuation and mitigation.  Extenuating evidence is evidence regarding the circumstances of the crime for which … Read more

I try to make it a habit to read the blogs posted on CAAFlog.com everyday.  This blog provides military justice news and often summarizes the results of appellate cases from each of the service appellate courts and from the Court of Appeals for the Armed Forces (CAAF).  I read these blogs and conduct my own … Read more

The Senate Armed Services Committee (SASC) voted against the legislation backed by Senator Kirsten Gillibrand that proposed to strip military commanders of the power of making certain decisions in sexual assault court-martials.  Senator Carl Levin, the leader of the SASC is pushing strongly against Senator Gillibrand’s movement despite the fact that her proposals seem to … Read more

On 15 July 2013, the Court of Appeals for the Armed Forces (CAAF) in U.S. v. Brown ruled that a military judge did not abuse his discretion when he allowed an adult victim witness liaison to sit next to the alleged 17-year-old victim while she testified at a court-martial.  This type of arrangement is not … Read more

On 16 July 2013, the Coast Guard Court of Criminal Appeals (CGCCA) ruled in favor of the appellant in U.S. v. Caulfield by deciding that court-martial findings of attempt and conspiracy to possess Oxycodone with intent to distribute were multiplicious.  In other words the CGCCA found that the appellant should not have been found guilty … Read more

If you have been ordered to an Article 32 investigation, then you have had charges read to you and your command is looking at sending you to a general court-martial.  Obviously, you are confused and overwhelmed at this point and probably don’t know where to turn.  What is an Article 32 hearing?  The Article 32 … Read more

Yes.  However, which board you apply to depends on what type of court-martial sentenced you to a discharge.  If you received a bad conduct discharge from a special court-martial within the last 15 years, you may apply to the appropriate service Discharge Review Board.  If you received a punitive discharge from a general court-martial, you … Read more