Officially, the military’s method of formally prosecuting misconduct (and “kicking out” those who commit it) is through a court-martial or military trial. What many don’t know is that far more cases of alleged misconduct are resolved through involuntary administrative separation than by courts-martial. An “administrative separation” is also known sometimes as a “Chapter” or a … Read more
Navigating evidence at an Army Board of Inquiry requires a nuanced understanding of military law and procedure. By familiarizing oneself with the tenets outlined in Army Regulation 15-6, individuals can better comprehend the evidentiary framework that underpins these proceedings.
Messy Military Lawyer. Today’s public service announcement involves traffic stops. Let’s say you find yourself late one night early in the morning and the police have pulled you over. Are you going to hand them your military ID because you somehow think that’s going to get you out of trouble? Don’t do it. Hand them … Read more
When you are facing investigation and the aftermath where you need to request reconsideration of a command investigation’s findings, it’s crucial to protect your rights and interests throughout the process.
Rebutting an unfavorable Officer Evaluation Report under Army Regulation 623-3 requires a meticulous approach that combines a deep understanding of the relevant regulations with a strategic examination of the procedures and content of the negative evaluation.
Think military service members don’t have rights at a trial or legal proceeding. Service members have rights just like they do in civilian courts. One essential right that I find a lot of military members do not know about is the right to have legal representation. You can choose to be represented by one of … Read more
When you’re facing an administrative separation board or an officer board of inquiry, you have the right to remain silent, testify under oath, or provide an unsworn statement.
Fact witnesses, character witnesses, and support memoranda are key components of your defense strategy during an administrative separation board or officer board of inquiry.
If your specific case deals with any technical issues, be ready to suggest regulations, instructions, or other information that may help to undermine the allegations of misconduct.
For these hearings to truly be fair, it’s important that all voices are heard equally, decisions are transparent, and everyone plays by the same rules. Only then can we trust that justice isn’t just a concept, but a reality in these important decisions.
Navigating the rebuttal of a “Relief for Cause” OER is aThis blog post outlines a checklist to ensure these rights are upheld, referencing AR 600-20, AR 623-3, and AR 15-6.
Let’s talk about the burns of proof in the UCMJ and what do they even mean. Well, first what you need to know is beyond a reasonable doubt is the highest the highest standard we have in the law. It is a bar that is set for the prosecution for the government that they must … Read more
The military’s updated regulations and directives provide essential protections for service members accused of sexual harassment, emphasizing the necessity of thorough and fair procedures.
So the first blooper that we’re going to talk about, I’m gonna talk about happened in Baumholder Germany circa around the fall of 2007.
Today’s public service announcement involves the difference between integrity and making a false official statement and the other lesser known offense of misprision of a serious offense under the UCMJ. If a person makes an affirmative statement, volunteers’ information or answers questions to their command to appear to a superior to law enforcement, they volunteer … Read more
Navigating a letter of reprimand requires careful and considered action. By understanding the charges, seeking legal advice, and communicating effectively, you can address the situation seriously while advocating for a fair and just resolution.