Stackhouse Law Firm, Ltd. - Military Defender Legal Blog
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…
Fort Hood report After a scathing report of chronic safety failures at Fort Hood, the resulting review made 70 recommendations on the handling of sexual assault and harassment crimes. The U.S. Army has committed to implementing 63 of those 70 recommendations as well as four out of six recommendations from the Independent Review Commission. Office of the Special Trial Counsel…
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…
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…
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…
Influencing the character of your discharge Although the article seems to be citing these instances as a failure on the part of the military to properly punish racist and extremist activity, there are other important implications. If you have been charged with extremist activity, the administrative discharge could be a much more favorable approach for you than a court martial.…
Requirements before discharge First, it is important to understand a little bit about separation hearings. While there are numerous grounds for separation for an enlisted offer, there are also certain requirements that your superiors must follow before discharge. According to the Department of Defense Instruction for Enlisted Administrative Separations, section 3d: [It is DoD policy that]: DoD will provide enlisted…