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CAAF Determines that Navy DJAG Improperly Influenced a Rear Admiral in Navy Seal Sexual Assault Case

In early 2014, Senior Chief Barry was charged with two specifications of sexual assault. He eventually went to trial and was convicted of one specification by a military judge. The finding and sentence came up to RADM Lorge, the Commander of Naval Region Southwest-San Diego for action. Although the Rules for Court-Martial governing the case …

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military disability

How can I upgrade my military disability rating?

In recent years, much attention has been paid to the VA health system and disability ratings. However, for servicemembers who leave the military due to injury or illness, the military disability rating can be much more important. Servicemembers who have an injury or illness that keeps them from returning to full duty, known as an …

How can I upgrade my military disability rating? Read More »

Will my court-martial automatically be appealed to the appellate courts?

In many circumstances, a court-martial case will be automatically reviewed by the appropriate service Court of Criminal Appeals (CCA). There is an Army CCA, Air Force CCA, Navy-Marine CCA and a Coast Guard CCA. Article 66 of the UCMJ dictates which court-martial cases will be automatically heard by the service courts of criminal appeals. Currently, …

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Air Force Court of Criminal Appeals gives appellant an entire year off of his confinement because the Air Force missed a hearing.

In 2014, in United States v. Katso, the Air Force Court of Criminal Appeals (AFCCA) reversed an appellant’s convictions of aggravated sexual assault, burglary, and unlawful entry, for which the appellant was sentenced to confinement for ten years, total forfeitures, and a dishonorable discharge. The reversal was based on the AFCCA’s finding that a DNA …

Air Force Court of Criminal Appeals gives appellant an entire year off of his confinement because the Air Force missed a hearing. Read More »

Can an incomplete and unfiled written reprimand be used against me in my court-martial?

Today on November 28, 2017, the Court of Appeals for the Armed Forces (CAAF) is set to review this very issue in United States v. Jerkins. In this case, Army Major Jerkins was convicted of assault consummated by a battery upon a child after hitting his three-year-old step-son with a belt. Following his conviction, MAJ …

Can an incomplete and unfiled written reprimand be used against me in my court-martial? Read More »

Newly Announced Department of Defense Guidelines

On August 25, 2017, the Department of Defense announced clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military Records for Veterans who petition for either an upgrade or a correction to their discharges based on mental health conditions, such as PTSD and TBI, that existed at the time of discharge …

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Navy-Marine Court of Criminal Appeals holds that victim’s right to not be excluded from an Article 32 hearing has limits.

Recently, in A.M. v. United States and Densford, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) reviewed a claim from an alleged sexual assault victim that she was excluded from parts of the preliminary Article 32 hearing in violation of Article 6b of the UCMJ. Under Article 6b(a)(3), the alleged victim of a UCMJ offense …

Navy-Marine Court of Criminal Appeals holds that victim’s right to not be excluded from an Article 32 hearing has limits. Read More »

Soldier Avoids Confinement: Will be Allowed to Retire

I just represented an E-7 at Fort Benning who was charged with numerous allegations of falsely wearing a Ranger Tab. The evidence against him was overwhelming. But we were able to mitigate his damage down to a two rank reduction. No confinement, no discharge. As he has an approved MEB (due to numerous jumps) he …

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Air Force assault case reversed due to improper admission of an excited utterance.

The Court of Appeals for the Armed Forces (CAAF) recently reversed an assault case in United States v. Bowen.  Airman First Class (E-3) Bowen was convicted contrary to his pleas of not guilty, by a general court martial composed of officer members, of aggravated assault of his wife and also of assault of another airman.  …

Air Force assault case reversed due to improper admission of an excited utterance. Read More »

Military Appellate Law: Robust and Unique Protections for Servicemembers (Part IV)

In this blog series, I have discussed how servicemembers are protected by the two-tiered appellate system in the military (Part I).  I also explained that there are a few unique appellate issues that may be argued by military appellants.  In Part II of this series, I discussed the issue of ineffective assistance of counsel in …

Military Appellate Law: Robust and Unique Protections for Servicemembers (Part IV) Read More »

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