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Can I Appeal A Negative Officer Evaluation Report?

On Behalf of | Apr 29, 2025 |

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…

How Can The Discharge Review Board Help You?

On Behalf of | Apr 29, 2025 |

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…

Double Jeopardy Is More Complicated For Service Personnel

On Behalf of | Apr 29, 2025 |

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…

Can Your Private Sexual Behavior Result In Security Clearance Revocation?

On Behalf of | Apr 29, 2025 |

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…

Can Debt Prevent You From Obtaining Needed Security Clearance?

On Behalf of | Apr 29, 2025 |

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…

Desertion Or AWOL Can Lead To Court-Martial

On Behalf of | Apr 29, 2025 | ,

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.…

4 Possible Paths To Correct Your Military Records

On Behalf of | Apr 29, 2025 |

Your paths The news report discusses these possibilities for correcting your service record: Inaccuracy: This is the traditional, most common appeal for a military records correction. It is based on simple inaccuracy. The records show that you were given a less than honorable discharge, but the information is wrong. Mental health situations: This is a relatively newer option. As reported…

Failure To Report For Duty – AWOL

On Behalf of | Apr 29, 2025 | ,

Absent without official leave Armed forces members can be AWOL under Article 86 of the Uniform Code of Military Justice (UCMJ) if they fail to arrive at an appointed place or leave prematurely without permission. Sometimes, service members face charges for leaving their post a couple of hours early. The Manual for Courts-Martial lists several ways service members are considered…

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