Officer Evaluation Reports (OER) are crucial for deciding career development, including promotions and coveted assignments. They are also vital tools for officers to improve their performance. A negative OER can stall or derail an officer’s military career by blocking...
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Military Defense Blog
How will a court-martial affect my life after the military?
Consequences for court-martial while you’re still in the military are well defined, but how will a court-martial affect your life after the military? Unfortunately, a court-martial can follow you into civilian life in a number of ways. Here are a few examples:...
Failure to report for duty – AWOL
Military personnel can face dire consequences if they refuse to or cannot report for duty. Depending upon the circumstances, service members can face three related charges if they fail to show up. Absence without official leave (AWOL), desertion and missing movement...
Should I accept or fight an Article 15?
If you receive an Article 15 notification, your commanding officer believes you have violated the Uniform Code of Military Justice (UCMJ). Article 15 usually involves minor offenses similar to misdemeanors in a civilian court. Article 15 is a nonjudicial process,...
New NDAA brings limited but significant military criminal law changes
The big news of late in military law has been the possibility of a major overhaul of many aspects of the system. As we discussed in an earlier blog post, there has been significant media attention around how the military handles sexual assault cases. Two trends...
Does intent matter in war crimes?
Anyone who has seen active duty knows that an engagement with the enemy in wartime is chaotic. By definition, war is a violent, chaotic exchange. In this context, how can we understand war crimes? How do we differentiate between an act of war and a criminal act?...
Are sweeping changes to military criminal law imminent?
There have always been disagreements about the law. Whenever laws are introduced and put into practice, people argue to change the laws. It’s just part of the normal course of things. Invariably, when changes are implemented, some things are improved and other...
How could a DUI affect my military career?
The military has a zero-tolerance policy for active-duty service members who drink and drive. An arrest or conviction for drunk or drugged driving can ruin your military career and even result in a dishonorable discharge. If you are pulled over and arrested for DUI...
What are the 9 punishments for military discipline cases?
Regardless of the severity of the charges against you, facing any military criminal review or punishment can end or jeopardize your military career. Your best course of action is to seek experienced legal advice to protect your future. Regardless of which branch of...
Can I appeal a military sexual assault conviction?
Yes. In most cases, you are able to file an appeal if convicted of rape, sexual assault or other sexual misconduct under Article 120 of the Uniform Code of Military Justice (UCMJ). Your appeal depends on the type of court-martial proceeding: summary, special or...