If your service Court of Criminal Appeals (CCA) had denied your appeal, you can either request reconsideration by that court or you can appeal to the higher court called the Court of Appeals for the Armed Forces (CAAF). However, you must be mindful of the deadlines. Once a decision is made by your service CCA, … Read more
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A deposition is “out-of-court testimony of a witness under oath in response to questions by the parties,” which is reduced to writing or videotape to be used later in either an Article 32 hearing or during a court-martial. Rules for Courts-Martial (R.C.M.) 702. Depositions are rarely conducted and used in courts-martial. Depositions are ordered by … Read more
As I review military appellate decisions, I sometimes find myself amazed at the facts leading up to the court-martial. For instance, recently I read an Air Force case, U.S. v. Lovely, where the appellant was questioned by an Air Force Special Investigator and was indecisive about requesting an attorney. At first, he affirmatively requested an … Read more
In March I posted a blog talking about how sexual assault in the military is all over the news these days. Well, this continues to be true as top military leaders resist proposals by some Senators that sexual assaults should no longer be handled by the military chain of command. One of the bills introduced … Read more
An Army officer contacted Mr. Cassara after being accused of larceny of $58,000 in BAH funds. Charges were preferred against the officer and an Article 32 (b) hearing was scheduled. The client needed a court martial attorney and contacted Mr. Cassara. Mr. Cassara was able to negotiate a disposition at Article 15, meaning the officer … Read more
Contact Mr. Cassara by phone or e-mail, and provide him with a summary of your request.
Depending on your service, it can take six months to two years.
Appeals from the Board for Correction of Military (or Naval) Records are generally filed in federal court. It is important to know that a petition must be filed in federal court within six years of when the service member was released from active duty. This time period applies even if you have not yet received … Read more
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
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