Service members may face involuntary separated from the military through an administrative discharge for reasons that range from minor misconduct to more serious charges. The consequences of an administrative discharge are by definition less severe than a discharge imposed by a court-martial. However, an administrative discharge can have long-term effects on a service member’s employability, … Read more
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Known as “Judicial Review,” federal courts are empowered with the authority to review decisions made by the military. Before seeking judicial review, the service member will generally have to exhaust all available “administrative remedies” – meaning that the service member generally will have to pursue all avenues of relief provided by the military before taking … Read more
A security clearance can be the keystone to a successful career for a variety of professions. It is too important to your career and future to try to deal with a security clearance revocation on your own or with a representative lacking the knowledge and experience necessary to see the process through to a successful … Read more
In recent news, one of the three Hawaii-based Marines accused of hazing a fellow Marine that committed suicide in April of this year in Afghanistan will soon face a special court-martial. The trial is scheduled to be held at Kaneohe Bay, Hawaii on Monday, January 30th. Cases against the other two accused Marines – Sergeant … Read more
In the military, testing positive for illegal drugs on a blood test or urinalysis – including steroids, Ephedra, HGH, and other drugs with performance-enhancing characteristics – is a serious offense that will likely lead to a court-martial and result in a negative service characterization. A federal conviction and jail time are also possible outcomes of … Read more
On September 20th, 2011, the law known as “Don’t Ask, Don’t Tell” (DADT) was repealed. The result was that lesbian, gay, and bisexual service members are now able to serve openly without fear of discharge. However, the repeal of DADT will not automatically reinstate the estimated 14,500 service members who were discharged under DADT, nor … Read more
On September 20th, 2011, the law known as “Don’t Ask, Don’t Tell” (DADT) was repealed. The result was that lesbian, gay, and bisexual service members are now able to serve openly without fear of discharge. However, the repeal of DADT will not automatically reinstate the estimated 14,500 service members who were discharged under DADT, nor … Read more
Under Wuterich’s command, Marines killed five young men pulled from a car, followed by 19 of their family members. Wuterich is charged with dereliction of duty, manslaughter, and assault. At the time of the incident, Wuterich’s battalion had only been in Haditha for a few weeks and this was their first engagement. The Marines had … Read more
In 2005, eight Marines were criminally charged by the Marine Corps in the deaths of 24 Iraqis in the village of Haditha. Despite the evidence against the Marines, the charges against six were later dropped and only one of them was found to be not guilty. On January 9th, prosecutors at Camp Pendleton will begin … Read more
A service member may also request a Presidential Pardon, the highest form of clemency. Under the first Clause of Article II of the Constitution, the President has the power to grant pardons for those who commit federal offenses. The pardon means that the offense has been forgiven. However, it is important to remember that a … Read more