Soldiers, Sailors and Airmen are often punished by their superiors and peers prior to even being found guilty at a court-martial. This is very common and also very wrong. In the military, servicemembers live in close quarters. So, as soon as someone is alleged to have committed a crime or has court-martial charges preferred against … Read more
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No it will not. There is no such thing as an automatic discharge upgrade. I have no idea where this rumor got started, but it is completely false. If you want your discharge upgraded you have to actually request an upgrade and you have to supply valid reasons why you believe it should be upgraded. … Read more
It depends. Many argue that this is a never a good idea. The reason for that is because the stakes are higher at a court-martial. At a court- martial, you have the chance at a criminal conviction and the possible sentence is much more serious. Most importantly, at a court-martial, you could receive a punitive … Read more
If you are convicted of a crime at a court-martial, it is very possible that your military pay will be forfeited. If you have a family to care for, this could be devastating. In fact, for many of my clients facing a court-martial, this is one of their biggest concerns. Here is a bit of … Read more
Short answer..NO. I recommend that you do not take a polygraph test without consulting an attorney. The investigators are not looking to help you. They are looking to trap you into confessing. It is true that a polygraph is not admissible as evidence in your court-martial. However, that is not why it is being offered … Read more
Yes. The military’s “Don’t Ask, Don’t Tell” policy was repealed by Congress on 20 September 2011. Upon application, the Discharge Review Boards will review discharges occurring within the last 15 years based on homosexual conduct. The Boards for Correction of Military Records will review discharges occurring more that 15 years ago. If you received an … Read more
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
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
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
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