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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

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After someone is convicted at a court-martial, there are many administrative tasks that take place.  These tasks include the record of trial being typed and reviewed; the Convening Authority taking final action in the case; the case being docketed by the service appellate court; and finally the service appellate court making a decision.  While these … Read more

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Cuts, cuts and more cuts.  No matter what your position is within the Department of Defense, the question looms…how will the sequestration affect me personally?  Unless legislation is passed to “undo” the Budget Control Act, on Friday, March 1st, President Obama will be required to issue a sequestration order.  Sequestration will generate automatic cuts for … Read more

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Short answer.  Yes.  If you were administratively discharged within the last 15 years and you believe you are entitled to a discharge upgrade, it is absolutely worth your time and money to apply for an upgrade.  Back when you were given a negative discharge, it is likely that you could not have done anything to … Read more

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Sometimes military prosecutors charge Soldiers with making a “false official statement” in violation of Article 107 of the U.C.M.J. anytime they feel like they want to bulk up the charge sheet.  However, a lie does NOT amount to a false official statement, unless it is actually “official.”  This is true even if the lie was … Read more

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I see more and more clients who were given a negative discharge due to some alleged misconduct that occurred after they were deployed. In most (if not all) of these cases, the service member has a perfect record until they deploy, and then they commit misconduct when they return.  The military has done a terrible … Read more

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I see more and more cases with service members who have either PTSD and/or TBI committing offenses that they undoubtedly would not have committed prior to their injury.  Unfortunately, in many of these cases PTSD and/or TBI are not a “defense” in that don’t negate a person’s criminal liability at a court-martial.  Still, it can … Read more

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The military has seen a sharp spike in sexual assault prosecutions over the years. Many of these are he said/she said cases, which arise after a night of heavy drinking. Some involve minors. But all of them are being much more aggressively prosecuted than previously.  Congress has gotten involved, and there has even been a … Read more