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
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
Courts of Criminal Appeals or the Court of Appeals for the Armed Forces can overturn a court-martial conviction in whole or in part. They can dismiss some or all of the charges. They can order a re-hearing, or “re-assess” the sentence of a trial court. An attorney with experience in court-martial appeals can best advise … Read more
In some cases, the court can order a “DuBay” hearing, in order to gather more facts about the issues raised on appeal. Or, the court can take action on your case without the filing of briefs or the hearing of oral argument.
There is no clear answer to this. In some cases, it can take years before all of the appeals are over.
Your appellate lawyer, whether it be an active duty JAG or a civilian attorney, is responsible for preparing a “brief” or written pleading, to present to the Court of Criminal Appeals. This is done by carefully reading the record of trial, or transcript, and identifying legal issues that may result in relief for the client. … Read more
An Army officer was suspected of conspiring with another officer to defraud the government of BAH funds. He knew he needed an experienced court martial attorney. After retaining Mr. Cassara, and after Mr. Cassara investigated the matter, no charges were brought against the officer. The matter is now closed and the officer will continue with … Read more
Mr. Cassara represented a Marine officer who was suspected of giving an order to murder Iraqi detainees. The client was read his rights by NCIS for murder and investigated by both CID and the U.S. Attorney’s Office. He knew he needed an experienced court martial attorney and contacted Mr. Cassara.After Mr. Cassara became involved he … Read more
Mr. Cassara represented an Army NCO who was suspected of taking part in the murder of three Iraqi detainees. The NCO knew he needed an experienced court martial attorney. When the NCO first contacted Mr. Cassara he was facing multiple murder charges. After Mr. Cassara became involved he was able to resolve the case in … Read more