If the military commanders are no longer in charge of sexual assault and domestic violence prosecutions, does that mean there will be fewer sexual assault and domestic violence cases that go forward to court-martial?

A: Perhaps. If a civilian heads military prosecutions for non-military specific offenses, we tend to believe that the number of courts-martial moving forward will decrease. However, we do not believe ...

Read more

Is it true that commanders are losing UCMJ authority over military sexual assault cases and military domestic violence cases?

A: Secretary of Defense, Lloyd Austin, announced on June 22, 2021, that he supports what is being called a seismic shift in the UCMJ that takes away commander’s control from both sexual assault ...

Read more

I got out of the military years ago. I am applying for a job and some background check says I got charged with an offense when I was in the military, but that’s not accurate. What can I do to get that corrected and off my record?

Unfortunately, the short answer is that there may not be anything that anyone can do to “correct” the issue or to remove the record. For more information, please read this informative blog post.

Read more

I got arrested for DUI off base by civilian police. My civilian lawyer is telling me that if I take a diversion or a deferred adjudication it won’t hurt me in the military. Is this true?

If the command is aware of the DUI arrest, that is what’s known in most branches of service as a CCIR – commanders critical information requirement. In addition to reporting the event up the ...

Read more

The investigation is dragging on and on. Is there anything that I can do to speed up the process?

The textbook answer is that a military accused does not have a right to a speedy investigation, meaning there is no official right to require the investigators to complete their investigation or for ...

Read more

Is it legal for me to use CBD oil if I am in the military?

Whether or not CBD oil is legal for anyone, in or out of the military, is a very complicated issue. Anyone within the military will say no, that CBD oil use is not legal for military members. The ...

Read more

Are there any notice requirements if the Army wants to try to take an Army Officer through administrative separation / board of inquiry for the same allegation twice?

Yes. If the government determines that any of the specific unusual circumstance exists, they must provide notice of which circumstance or circumstances exist “…in writing, upon a determination ...

Read more

When CAN an Army Officer face administrative separation / board of inquiry for the same allegation twice?

AR 600-8-24, paragraph 4-4 d explains that when an Officer can be made to suffer through a second board of inquiry when there is or has been: (1) A lack of proficiency or recurrent misconduct ...

Read more

Are there exceptions to the general rule that an Army Officer should not face administrative separation / board of inquiry for the same allegation twice?

Yes. AR 600-8-24, paragraph 4-4 c explains that if any of the below exist, an Army Officer can be made to face administrative separation / board of inquiry for the same allegation twice: (1) ...

Read more

As an Army Officer, can I face administrative separation / board of inquiry for the same allegation twice?

Maybe. Pursuant to AR 600-8-24, paragraph 4-4 b, with some limited exceptions, “no officer will be considered for elimination for reasons … because of conduct that has been the subject of ...

Read more