MILITARY LAW BLOG
Defending Against Charges of Indecent Exposure in the Military
Facing charges of indecent exposure under the Uniform Code of Military Justice (UCMJ) can be overwhelming for service members. Just what is indecent exposure, how severe are the punishments, and what defenses are available? The information here should provide everything you need to defend yourself against this accusation. The Definition of Indecent Exposure Under the … Read more
What Happens If a Military Member is Titled?
When a military service member is accused of a crime under the Uniform Code of Military Justice (UCMJ), it triggers a complex and often misunderstood process called “titling and indexing.” Every service member facing criminal accusations should understand this process, its implications, and the pathways to amend or challenge a titling decision. The Case of … Read more
Article 120 vs. Article 125: What’s the Difference between Rape and Sodomy?
Understanding the legal framework of military law is crucial for service members accused of serious crimes under the Uniform Code of Military Justice (UCMJ). Article 120 and Article 125 are easily confused, as they both deal with sexual activities, but they have unique definitions, prosecution standards, and penalties. Learn the differences between these two sections … Read more
The Army’s Quest for “Yes Men”: A Concerning Trend in Military Defense
The recent firing of Brig. Gen. Wells from the newly created position of top prosecutor to handle sexual assault and misconduct cases has raised eyebrows and sparked concerns within the legal community. The decision to remove Wells, made by the Army Secretary within hours of receiving an email Wells sent 10 years ago, paints a … Read more
What is the Military’s Version of Miranda Rights?
The phrase “You have the right to remain silent” has become synonymous with arrests, thanks to countless portrayals in films and television. The right to remain silent is a powerful one, both in civilian and military contexts. It’s one of the Miranda rights granted to arrested civilians, making it a crucial part of the US … Read more
Can You Join the Military with a Misdemeanor?
When it comes to military enlistment, the criminal background check holds significant weight. Joining the US Military, revered for its high ethical and moral standards, calls for thoroughly vetting every applicant’s history. Such rigorous scrutiny may have you wondering—can a misdemeanor on your criminal record ruin your military ambitions? The short answer is that a … Read more
What is the Statute of Limitations for Article 120 of the UCMJ?
Understanding statutes of limitations can be complicated, especially when it comes to the military’s Uniform Code of Military Justice (UCMJ). Yet, it’s crucial to realize your legal accountability as a service member accused of a crime. Let’s demystify the statute of limitations for Article 120 of the UCMJ to give you a better understanding of … Read more
What to Do If Falsely Accused of Military Sexual Assault
The Uniform Code of Military Justice (UCMJ) is a strict and complex system governing the lives of United States service members. Accusations of military sexual assault under Article 120 of the UCMJ can devastate your career and reputation. While being falsely accused is a distressing experience, it’s crucial to keep a level head. If you’re … Read more
Why Does the Military Have its Own Court System?
The military has stood as a unique entity for centuries, with its own rules, regulations, and even a distinct court system. But why? While the idea of having a separate court for service members might appear unnecessary at first, understanding its historical underpinning, current relevance, and future importance paints a clear picture. Are you a … Read more
What Do the Latest Changes to Military Sexual Assault Prosecution Mean?
A tremendous shift recently occurred in the US military justice system, one that is set to reshape how cases involving sexual assault, among other serious offenses, are handled. This historic change primarily aims to address longstanding concerns and improve trust in the system. But what do these reforms entail, and how do they impact you … Read more
What Happens When You Disobey a Military Order?
Every military service member takes an oath to obey orders from the President of the United States and the officers appointed over them. This promise is not a mere formality. Rather, it serves as a cornerstone of military discipline. So what happens if a service member fails to uphold this oath by disobeying a direct … Read more
Can You Rejoin the Military After Being Discharged?
Are you considering rejoining the military? Perhaps you miss the camaraderie or want to reenlist for financial, insurance, or other reasons. Your ability to reenlist after being discharged depends on several factors, including the type of discharge you received, the reason behind your discharge, the military reenlistment eligibility code on your discharge documents, and the … Read more
What Is the Punishment for Wrongful Appropriation?
Wrongful appropriation, as defined under Article 121 of the Uniform Code of Military Justice (UCMJ), occurs when a person unlawfully takes, obtains, or withholds money, personal property, or an item of value from another person’s possession. This act is differentiated from larceny by the perpetrator’s intention. In wrongful appropriation, the intent is to temporarily deprive … Read more
Sexual Assault: Restricted vs. Unrestricted Reporting
Sexual assault is an issue the Armed Forces takes very seriously. Given the gravity of this matter, service members must understand their options when reporting such incidents. Learn about the two main ways to report sexual assault in the military and how a military defense attorney can defend service members accused of sexual assault. Overview … Read more
When Should You Appeal a Court-Martial Verdict?
Navigating the military justice system can be daunting, especially when faced with a court-martial conviction. What if you believe the decision was unjust or that errors occurred during your trial? In such cases, you may consider appealing your conviction. Learn the circumstances under which you should appeal a court-martial verdict, the steps involved, and the … Read more
How Can You Upgrade a Military Discharge?
A service member’s military discharge significantly impacts their life, shaping employment prospects, determining eligibility for VA benefits, and influencing their reputation. Sometimes, service members are discharged unjustly or erroneously, leading to undeserved consequences. Fortunately, veterans in these circumstances have options. Learn what it takes to request a military discharge upgrade and why it’s important to … Read more
What is Consent According to UCMJ Article 120?
Consent is a crucial element in the context of sexual assault cases, especially within the military justice system. Article 120 of the Uniform Code of Military Justice (UCMJ) specifically addresses the crime of rape, sexual assault, and other related offenses. Understanding consent according to UCMJ Article 120 is crucial for service members, not only to … Read more
What Does the End of the COVID Vaccine Mandate Mean for Military Members?
In January 2023, the Department of Defense (DoD) rescinded the August 2021 memorandum mandating the COVID-19 vaccination for all military personnel. This marks a significant shift in the military’s approach to managing the dwindling pandemic. The decision has raised numerous questions among service members regarding the implications of the lifted mandate, potential repercussions for those … Read more
What is the Punishment for Sexual Assault in the Military?
Sexual assault in the military is a serious crime with profound consequences for both the victims and the alleged perpetrators. Sexual misconduct not only undermines the trust and camaraderie essential for military units to function effectively, but it also tarnishes the reputation of the armed forces. For these reasons, the United States military has taken … Read more
What is Conscientious Objection to Military Service?
Conscientious objection to military service is a firm, fixed, and sincere position taken by someone who refuses to participate in war on the basis of religious, moral, or ethical beliefs. This objection may take many forms, such as a refusal to serve in combat, register for the draft, pay taxes tied to war allocations, or … Read more
What Does a Sexual Assault Victim Get If They Win Their Case?
Sexual assault has been a hot topic in the military for years. When a service member is convicted of this crime under Article 120 of the Uniform Code of Military Justice (UCMJ), they may face punishments such as bad conduct or dishonorable discharge, imprisonment, and forfeiture of all pay, allowances, and veteran benefits. But do … Read more
What is the Maximum Punishment for an Article 120 Violation?
Article 120 of the Uniform Code of Military Justice (UCMJ) deals with rape, sexual assault, and sexual contact. These offenses cover a range of unlawful, forced sexual actions on another person. Charges involving sexual misconduct involving a child fall under Article 120b, while “other sexual misconduct” is outlined in Article 120c. Sexual assault in the … Read more
Why Does Sexual Assault Occur in the Military?
Sexual assault claims among military service members are alarmingly high. According to the 2018 Department of Defense Annual Report on Sexual Assault in the Military, 20,500 active-duty service members reported experiencing sexual assault or rape, including about 13,000 women and 7,500 men. This indicates that 6.2 percent of female and 0.7 percent of male service … Read more
Are Service Members Required to Have Certain Vaccines?
Required vaccines are nothing new for the US military. Yet the topic has garnered newfound attention following the COVID-19 vaccination order. Are you considering joining the military, or do you already serve in the Armed Forces? If so, be prepared to adhere to the Department of Defense (DoD) vaccination mandates as part of the requirement … Read more
What is Stolen Valor and is It a Crime?
In general, it is not a crime to lie about serving in the military just to brag or impress others. Doing so may be morally reprehensible, but the deception isn’t enough to fine someone or put them in jail. However, “stolen valor” is a crime, as is impersonating a military member or officer. Learn more … Read more
Can Military Sexual Assault Survivors Sue Their Assailants?
Sexual assaults committed by someone in the general population often give rise to criminal prosecutions, which may result in fines, jail time, probation, and sanctions against the offender, if convicted. There are similar repercussions in the military, where sexual assaults are punishable under Article 120 of the Uniform Code of Military Justice (UCMJ). Sentences may … Read more
Army Makes Move for Stricter Social Media Policy
Social media is everywhere now. Every generation, in some aspect, is affected by it. In August, the Department of Defense released its first guideline for social media use. That release acted as the catalyst for other social media reforms to be put into place. Army Announces New Social Media Policy This month the Army also … Read more
What is a Military Protective Order?
A Military Protective Order (MPO) is a legal order issued by a commanding officer that prohibits an accused military service member from contacting the person or persons identified in the order. Learn more about the rules that apply to an MPO and how a military defense lawyer can defend you during any associated legal proceedings. … Read more
Does the Military Test for Steroids?
Due to the physical and cognitive demands of military service, 60% of Armed Forces members regularly consume dietary supplements to promote general good health. These products range from multivitamins and herbal supplements to purported steroid analogs. While many supplements are innocuous, others can cause serious side effects, including anabolic steroids. According to the Department of … Read more
How Jury Selection Differs in the Military & Article 120 Cases
Courts-martial are military courts that try the serious offenses of accused service members. As in civilian courts, a jury sits in on most court-martial cases. However, the selection process differs greatly, especially for Article 120 cases addressing sexual assault and rape. Learn about the differences and how a military defense attorney can help ensure you … Read more
What is a GOMOR?
A General Officer Memorandum of Reprimand (GOMOR) is a Letter of Reprimand (LOR), or administrative warning, sent from a general officer to a military service member who fails to meet established standards or policies. A GOMOR may be filed in one of two ways: In the Military Personnel Record Jacket (MPRJ), a “local file” that … Read more
Military Pretrial Confinement Protocols Under Scrutiny
While Congress has recently overhauled parts of the military justice system, some members of Congress believe further changes need to be made. Democratic Representative Veronica Escobar is calling for pretrial confinement to be issued based on legal advice and not by the ranking Commander. Current Pretrial Confinement Protocol Pretrial confinement, as defined by the MCM, … Read more
Military Members Have the Right to Political and Religious Proselytizing
Recent events surrounding Army Reserve Major Jamie Schwandt in North Carolina bring up the First Amendment issue regarding political and religious proselytizing within the military. Army Reserve Major Schwandt on YouTube In July of this year, Army Reserve Major Schwandt posted a video on YouTube discussing abortion and transgender issues. In his video, Schwandt identified … Read more
Appeals Court Sets New Precedent for Military Sexual Assualt Victims
A recent ruling by the 9th US Circuit Court of Appeals in San Francisco has set a new precedent for sexual assualt survivors to be able to sue not only their assailants but also the Defense Department. Retired Army Col. Kathryn Spletstoser v. retired Air Force Gen. John Hyten The ongoing Federal lawsuit of retired … Read more
Can You Join the Military with a Criminal Record?
Are you interested in joining the military? A criminal record doesn’t make it impossible to enlist, but it certainly complicates the process. The military holds recruits to a high standard. When you visit a Military Entrance Processing Station (MEPS), a recruiter interviews you to determine your mental aptitude, physical qualifications, and moral character. A criminal … Read more
Department of Air Force Instruction 36-3211 7G: Military Separations for cases of Sexual Assault
The Department of the Air Force recently released DAF Instruction 36-3211, which increases support for sexual assualt victims, promotes accountability and prevention, and outlines the discharge steps to be taken for separation. DAFI 36-3211 7G: Sexual Assault DAFI 36-3211 describes sexual assault as rape, sexual assault, aggravated sexual contact, abusive sexual contact, or attempts to … Read more
Can Military Members Date Each Other?
All branches of the U.S. military have rules regarding friendships, business associations, dating, and marriage among service members of different ranks and positions. Not all contact between officers and their subordinates is prohibited, and the goal is not to dissuade service members from having interpersonal relationships. Rather, the regulations are intended to prevent compromising order, … Read more
What to Know About Fraudulent Enlistment
Deliberately falsifying information on a military service application can result in severe penalties, including a fraudulent enlistment charge under Article 83 of the Uniform Code of Military Justice (UCMJ). The first purpose of Article 83 is to prevent people from entering the armed forces without the proper qualifications. Then, it aims to ensure service members … Read more
What Is the Military’s Policy on Alcohol Consumption?
As a military service member, it’s important to understand how the military handles alcohol use. This way, you can make lawful, responsible choices regarding your alcohol consumption. Here’s what you need to know to remain in good standing as a service member and what to do if you face disciplinary action for excessive alcohol use. … Read more
How to Fight a Positive Drug Test in the Military
As a service member, you undoubtedly know the military has a zero-tolerance policy for drug use. The expectation is that if you’re entrusted with protecting and serving your country, you must do so without the influence of illicit substances. As such, everyone from the newest recruit to the most seasoned general is subject to random, … Read more
Can You Appeal a Court-Martial Conviction?
If you are a recently convicted military service member, you may wonder if you can appeal a court-martial conviction. The short answer is yes. The military has built-in protections for convicted service members, including the ability to appeal a decision, which may reduce or eliminate your sentence. The rules that apply depend on which type … Read more
What Happens to Military Deserters?
Failing to report for military duty is a serious offense carrying severe penalties up to and including capital punishment (the death penalty) for desertion during wartime. The Uniform Code of Military Justice (UCMJ) covers three charges relating to failure to report for duty—desertion, absence without leave (AWOL), and missing movement. Being absent without leave for … Read more
Settlement to Review Thousands of Navy and Marine Corps Discharges
Military service members often experience more than their fair share of trauma while serving their country. Unfortunately, the resulting post-traumatic stress disorder (PTSD), traumatic brain injuries (TBI), military sexual trauma (MST), and other behavioral and mental health conditions can lead to misconduct that garners wrongful military discharges. This is the argument Iraq War veteran Tyson … Read more
What is the Most Common Type of Military Discipline?
All military service members are subject to the Uniform Code of Military Justice (UCMJ). Specific crimes and their corresponding punishments are defined in the 146 articles of the UCMJ. Notably, the articles also provide procedural protections for members, including the right to a military defense attorney and the option to appeal courts-martial convictions. Military Crime … Read more
Can Military Members Take a Plea Agreement?
A plea agreement, also called a plea bargain or pretrial agreement, is when a defendant agrees to plead guilty to some or all the charges in exchange for a lesser punishment. This may include lowering the charge to something less severe or reducing the sentence. Plea agreements also sometimes require the defendant to testify against … Read more
How Does Pretrial Confinement Work for Military Members?
When a person is charged with a crime, the judge may order pretrial confinement. The military version of pretrial confinement shares some similarities to civilian rules, but there are some notable differences. By understanding how pretrial confinement works for military members, you’ll know what to expect if this has been imposed on you. How Pretrial … Read more
Judge Rules in Favor of Navy Seals Challenging COVID Vaccine
Following FDA approval of the Pfizer COVID-19 vaccine in August 2021, President Joe Biden asked the Department of Defense (DoD) to explore adding it to the list of required vaccinations for service members. It wasn’t long before the military began mandating the COVID vaccine. In fact, the Navy set a deadline for all sailors to … Read more
Can Military Members Face Double Jeopardy?
Military service members have different rights than civilians. Still, they are protected under the Fifth Amendment of the US Constitution, which states: “No person shall…be subject for the same offense to be twice put in jeopardy of life or limb.” This means no one can be charged more than once for the same crime. However, … Read more
Why Is Adultery a Crime in the Military?
The Uniform Code of Military Justice (UCMJ) defines a long list of expectations, rules, and regulations regarding the conduct and duty of U.S. military service members. In many cases, the prohibited behaviors outlined in the UCMJ align with civilian law. For instance, crimes such as rape, drug use, and drunken operation of a vehicle are … Read more
Do Military Members Have First Amendment Rights?
U.S. military service members have always operated under different rules than civilians. The military’s special system of laws-known as the Uniform Code of Military Justice (UCMJ)-employs its own regulations for prosecuting and punishing violators, which often includes a court-martial. Many military crimes are not punishable under civilian law, and the rights of military service members … Read more