Where to start If you believe there are errors on your personal record, these are the first few steps you should take: Contact a lawyer: Talking with an attorney experienced in military record protection can be a tremendous asset. He or she can walk you through each step to help assure successful resolution to the problem. Explore alternative options: It…
Summary court martial A summary court martial is the lowest of the three categories, meant for minor offences and is usually brief. These hearings are presided over by one commissioned officer, with a rank of captain or higher. No judge, no jury. The accused has few rights in these hearings, but the punishments are relatively mild. You don’t get a…
Dishonorable discharge This is the military equivalent of a civilian felony, and these consequences carry over into civilian life. The ramifications include difficulty finding employment and difficultly applying for loans. Federal criminal record Convictions at a court-martial will also appear on your federal criminal record, including military-specific crimes such as AWOL and failure to report. Such convictions can affect your…
What will go into consideration? When it comes to administrative separation from the military, your commander may have elected to move forward with involuntary discharge proceedings in relation to your service. The administrative discharge board will convene if necessary, and the following factors will likely go into consideration by the Separation Authority: The likelihood that the issues that led to the separation…
Grounds for investigation Since the process is non-judicial, the commander can order an investigation for any reason without any concrete evidence. It could be based on gossip heard in the barracks, allegations made by one person and no other witnesses, the interpretation of innuendo, or an anonymous complaint. Common types of administrative actions These are less severe than a court…
What is an Article 32 hearing? An Article 32 hearing is part of an overall Article 32 investigation. The investigation begins with accusations of a serious military crime. A commissioned officer is assigned as the primary investigator. The purpose of the investigation and the hearing is to determine whether the case will proceed to a general court martial. This is…
How significant are the penalties? The risks you may face will obviously match the criminal charges you face. Specifically, UCMJ article 120 covers sexual assaults and describes the definition of sexual assault and rape under military law. For sexual assault and aggravated sexual assault, you may face: Discharge Prison time Reductions in rank Loss of benefits and pay However, if…
How to appeal A clean military record can get you places in life. Likewise, a record with negative marks for your character, misconduct, a break in your service time or other reasons may affect your chances of fulfilling your goals or taking advantage of many opportunities in life. You may also miss out on important government and VA benefits. However,…
The hearing before a general court-martial An Article 32 hearing takes place before a referral to a general court-martial. The purpose of this hearing is to decide: If the convening authority has jurisdiction over the individual and the crime If the allegations constitute an offense under the UCMJ If there is probable cause If the hearing finds that the answer…
Offenses that can result in punishment Under the UCMJ, Article 15 allows commanding officers to punish service members for alleged offenses that do not likely warrant a court-martial, but believe they deserve harsher punishment than administrative counseling. These offenses include: Disrespecting superior officers Underage drinking Sleeping on duty Disobeying orders Understand that being charged with disobeying orders can rise to…