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…
What financial issues are explored? The questionnaire for a security clearance position is a lengthy, imposing document. The financial component is one of the longest, most thoroughly treated sections in the questionnaire (section 26, starting on page 117 of the document). The issues explored in this questionnaire include: Filing for bankruptcy Struggling with financial problems due to gambling Failing to…
Your reputation and your future Conduct unbecoming is often a secondary offense to other more serious crimes. Nevertheless, you are subject to court martial and whatever penalties the court decides upon following a conviction, possibly including prison or dishonorable discharge. If the court does not dismiss you from the military, you may have to wait much longer before you make…
What is a special court-martial? Of the three types of courts-martial, the special court-martial is in the middle of the special and general courts-martial in terms of seriousness of charges and complications of the procedures. Although it’s not an exact correlation, a special court-martial is most like a serious misdemeanor in the civilian criminal justice system. A military judge presides…
What type of court-martial will you face? The Uniform Code of Military Justice has three types of courts-martial. These separate proceedings range in severity depending on the nature of the offense that led to the court-martial. Those three types include the following: Summary court-martial: The summary court-martial involves relatively minor offenses and is the least severe of the courts-martial. One commissioned…
What it can mean for military personnel A DUI charge is a big deal in any context but an even bigger problem for active-duty servicemembers on (or off) the base. Depending upon the circumstances, the penalties could include the following: Military court-martial and/or discharge Disciplinary proceedings that impact service records, tenure, clearance, and pensions Any applicable charges in civil courts…
Preliminary investigations As the name suggests, preliminary investigations start the investigatory process. According to Army Regulation 15-6, a preliminary inquiry “is a procedure used to ascertain the magnitude of a problem, to identify and interview witnesses, to summarize or record witnesses’ statements, to determine whether an investigation or board may be necessary, or to assist in determining the scope of…
The Discharge Review Board (DRB) The Discharge Review Board (DRB) was created after World War II to alleviate the pressure on the court system to adjudicate the many cases of discharge review that were coming up at that time. The job of the DRB is to review appeals as the character of discharge. Although the board does not review general…