Military Defense Blog

What factors are considered during administrative separation?

On behalf of Phillip Stackhouse, Attorney on Friday, July 10, 2020.

When you joined the military, you may have intended to make it your nearly life-long career. You wanted to serve your country, learn new skills, find personal growth and gain many other benefits that come along with military service. What you did not anticipate, however, was facing administrative separation proceedings and possibly an early discharge from your branch of service.

The reasons for the discharge could relate to misconduct or other factors, but you still believe that you do not deserve such a severe outcome as a dishonorable discharge from the military. Of course, different types of discharge exist, but even if you are not at risk of a dishonorable discharge, you could face an other-than-honorable discharge or general discharge that still results in a less-than-stellar mark on your service record.

Which type of court-martial are you facing?

On behalf of Phillip Stackhouse, Attorney on Friday, May 15, 2020.

Joining the military may have been a dream of yours from a young age. You may even have had family members who served and caused you to have a strong respect and admiration for military service members. Whatever the reason, you chose to make the military a significant part of your life.

However, like many people, you may have experienced unexpected scenarios that put your spotless military record at risk. In fact, you may have recently found yourself facing a court-martial. You understand the seriousness of this type of situation for a military member, and you want to do what you can to keep your reputation and record intact.

Is your conduct unbecoming an officer?

On behalf of Phillip Stackhouse, Attorney on Thursday, March 19, 2020.

Integrity is a virtue the military values highly. After all, members of the armed services defend the country's ideals. Therefore, each branch of the military sets standards for morality that are higher than those of the general public. This is because of the serious responsibilities service members have and because they represent the United States by their actions.

Because of the weight the military gives to moral and ethical behavior, certain actions fall under the heading of "conduct unbecoming an officer." Often, items included under this heading are those for which civilians would not receive punishment although others may lose respect for civilians whose conduct is unbecoming. In the military, however, that loss of respect can go deep. In fact, if you are facing a charge of conduct unbecoming an officer, your military future may be on the line.

Unjust errors on your military record can impede your life

On behalf of Phillip Stackhouse, Attorney on Thursday, January 23, 2020.

Serving in the armed forces is something of which many in the United States are proud. Some decide right after high school to join a certain branch of the military, postponing college, marriage and career paths to serve the country in whatever way they can. It is not an easy life, especially if the government deploys you to harsh corners of the globe.

Just like in any society, military life has its ups and downs when it comes to getting along and following the many regulations, and you may have experienced some difficulties that caused you struggles. However, now that you have returned to civilian life, you are disappointed and perhaps shocked to learn that your military record contains negative and unfair information about your time in the service. Is there anything you can do to fix that?

Desertion or AWOL can lead to court-martial

On behalf of Phillip Stackhouse, Attorney on Friday, October 4, 2019.

Next to hearing that your son or daughter is deploying to a military zone, the most frightening term you may hear as a California military parent is "court-martial." Often a court-martial is related to the commission of a crime by a service member. However, desertion or absence without leave is a common violation of the Uniform Code of Military Justice and can have serious ramifications for your son or daughter.

Like any legal matter, the severity of the consequences often depends on the circumstances of the offense. In other words, your son or daughter's commanding officer will investigate the case before deciding how to proceed. For the protection of your child's rights, you may want to enlist the services of an attorney who is familiar with UCMJ procedures.

An understanding of how security clearances work

On behalf of Phillip Stackhouse, Attorney on Saturday, August 10, 2019.

For many people who have careers in the military, security clearance is essential. It's not always easy to get security clearance, and there are various issues that could cause a person to lose this designation. If you need clearance, will need it in the future or need to fight to get it back, you may need a deeper understanding of how it works.

You have the right to fight for your military career. Some people who are having complications regarding their security clearance may find it beneficial to secure legal guidance for counsel on how they can confront the roadblocks that are standing between them and their career goals. If your job requires a certain level of security clearance, you will need to know what to expect.

Court-martial is not the same as civilian courts

On behalf of Phillip Stackhouse, Attorney on Tuesday, June 11, 2019.

Military service is often a source of pride for those who dedicate years of their lives to the defense of freedom. For many, perhaps for you, the training and experience you receive in the military can open doors for your future career or perhaps convince you to make a career in the armed services.

Nothing can dash those dreams faster than accusations of misconduct and the threat of a court-martial. If your commanding officer recently detained you for alleged violations of the Uniform Code of Military Justice, you have every reason to be concerned because it may lead to a court-martial. Whether you are facing this process because of a minor violation or a severe offense, your future is on the line, and you should not have to deal with that on your own.

How to modify your military discharge status

On behalf of Phillip Stackhouse, Attorney on Thursday, June 6, 2019.

Someone who serves their country with honor deserves to have their service characterized as such. However, in some cases, a veteran’s discharge process does not end favorably.

Maybe your discharge does not reflect your service, or it leads to a denial of VA benefits. A negative reason for military discharge can make it hard to find a good job. Whatever the reason, veterans have options when it comes to upgrading their status or having the character of their discharge changed.