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…
Who can initiate a suitability action? In general, the Code of Federal Regulations (5 CFR 731) outlines the rules and procedures for suitability investigations, determinations and actions. According to this authority, the Office of Personnel Management (OPM) or the employing agency to which the OPM has delegated this authority can initiate these procedures. Generally, these investigations take place when someone…
Article 99 Article 99 of the UCMJ lists several actions that could result in “misbehavior before the enemy,” which include: Running away Abandoning or surrendering a team or property that you are supposed to defend Endangering others or property through disobedience, neglect or misconduct Casting away arms or ammo Committing cowardly conduct Quitting your place of duty to plunder or…
What can prevent you from getting a security clearance? Gaining security clearance is an important step in your career. However, the Department of Defense (DOD) will vet and research you before you can get clearance. This vetting process will look at your background and search such things as: Your personal history Your sexual activity Your criminal record Your current information…
Actions after receiving a BOI notification Misconduct accusations may result from a single incident or event that impacted a mission or the officer’s performance of their duties. Typically, the officer, also known as the “respondent,” would have previously received a letter of reprimand, nonjudicial punishments or other adverse actions. An experienced military attorney known as the “recorder” argues the government’s…
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…
Post-traumatic stress disorder (PTSD) and its effects Today, PTSD is perhaps the most well-known mental health condition that affects soldiers. The VA is learning more about PTSD all the time and knows that the mental trauma soldiers go through in active duty can come home with them. Left untreated or undiagnosed, PTSD can lead someone to uncharacteristic behavior and even…
Security clearance denials When looking into a career that requires security clearance (and the same frequently holds true for seeking enlistment into a branch of the military), three of most common reasons people are denied are: A criminal conviction and judicial restraint: If you have been convicted of any type of serious crime, this could present a red flag for…
Three primary differences Courts-martial differ from civilian criminal trials in that: Courts martial are more efficient: Expediting justice and coming to efficient resolution are among the most important goals in courts-martial. Therefore, the entire proceeding in a court-martial can take as little as a few days in some cases. There are only three types of courts martial: While civilian trials…
What are the proposed changes? As with any proposed legislation, there are numerous factors, many of which are still under debate, the general gist is that sexual assault cases would no longer be handled under the normal internal chain of command. Rather, these cases would fall under the jurisdiction of an independent civilian authority. What impact could these changes have?…