The presumption of regularity Challenging an OER without experienced legal help can be tricky. That’s largely due to a principle that civilian courts and the military justice system follow, called the “presumption of regularity.” In this case, it means that those doing evaluations are presumed to be consistently and lawfully executing their duties. You must overcome that assumption. You have…
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…
Examples of sexual behavior that could result in revocation “Sexual behavior” is the fourth of 13 things the Department of Defense will look at when considering granting or revoking clearance, and there are numerous sexual activities that could result in clearance revocation. Some of these are obviously illegal and dangerous, like rape and sexual harassment. But there are also examples…
What is a war crime? It may seem like there are no rules once war is declared. Because of the violent, competitive nature of war, it can be hard to image what a crime might look like in that context, but there are distinct categories of war crimes. Although there is no single document codifying all war crimes in one…
When does it apply? Service personnel enjoy double jeopardy protections under the UCMJ’s Article 44. These protections are utilized once evidence is presented for court-martial against the service member. In civilian courts, the protections begin when the jury is in place or (if there is no jury) it swears in the first witness. Once this happens, the service member has…
What does it mean to change my discharge status? There are various levels of discharge from the military. You could receive an honorable discharge, a general discharge (under honorable conditions), an other than honorable discharge (OTH), a bad conduct discharge or a dishonorable discharge. Anything less that an honorable discharge or general discharge under honorable conditions could have a significantly…
What are your rights? If you are a military member who is opposed to taking the vaccine, you need to know your rights. It is important to note that COVID-19 vaccination has been a hotly debated topic since the beginning of this pandemic. There are reasons for people to get the vaccine and reasons to refuse it. The focus here…
Why does debt matter? When it comes to your financial history, your debt is not the only things that the adjudicative agency will consider, but it does play a role. In general, your financial history is important to your security clearance because it can reflect your behavior and your level of honesty. For example, if you have not filed your tax…
What are the possible consequences? The factors a commanding officer considers when deciding how to handle your son or daughter’s case include the length of time your child was away from duties without permission and the reasons why he or she was absent. A reasonable explanation, such as a family emergency, illness or financial troubles, may result in lesser punishment.…