Know Your Rights

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Along with the Application for Correction of Military Record, DD Form 149, you are allowed to submit a written “brief” to the Board for Correction of Military (or Naval) Records, explaining who you believe a records correction is warranted. Mr. Cassara will usually file a written submission, along with any supporting documents that justify the … Read more

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The first step is to get copies of all of your military records. To get a copy of your military records, complete the SF-180, Request Pertaining to Military Records, (Fillable SF 180). You can go to this link, type in the information while the form is on screen in your browser, and then print out … Read more

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Generally speaking, the application must be brought within three years of after the error is discovered. However, the board may excuse this filing period for “good cause.” Generally, the boards for correction of military (or Naval) records are fairly liberal in allowing people to file after the three year deadline.

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Each service has a Board for Correction of Military (or Naval) Records. These are civilian boards, operating under the authority of the service secretary. They are empowered to correct nearly any error in a current or former service member’s record, including being passed over for promotion, appealing and adverse OER/NCOER, appealing a letter of reprimand, … Read more

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Do not speak to anyone except an attorney. Immediately go to your base legal office, and speak to a defense attorney. You may also want to contact a civilian attorney with experience in courts-martial. Mr. Cassara has represented service members at court-martial before all the services. Contact him for a free confidential consultation.

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You have the right to refuse to consent to the search. Although your commander or the investigators may not tell you of this right, it is still your right. Under no circumstances should you consent to a search. Make them get a warrant or command authorization. If you have consented to a search, you have … Read more

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1. No one subject to the Uniform Code of Military Justice may compel any person to incriminate himself or to answer any question the answer that may tend to incriminate him. 2. No person subject to the Uniform Code of Military Justice may interrogate, or request any statement from a person suspected of an offense without first informing him … Read more

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The military justice system provides an accused rights and due process that in many ways are superior to those provided a defendant in civilian criminal courts. Pursuant to Article 31, Uniform Code of Military Justice (Section 831 of Title 10, United States Code), service members have a right against self-incrimination and an entitlement to be … Read more

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A military defense counsel is provided free of charge regardless of the accused’s ability to pay. You should immediately contact the defense counsel on your base if you are suspected of a crime. In the Army, it is the Trial Defense Service. In the Air Force, it is the Area Defense Counsel. In the Navy … Read more

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You will be contacted by an attorney from the Defense Appellate Division for your service. If you are in confinement, the counselors can advise you as to how to contact that attorney. You should consider whether you want to retain a civilian attorney to represent you. Every case is different, and some lawyers are more … Read more