SOLDIERING ON: INSIGHTS INTO MILITARY LEGAL MATTERS

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Military Discharge Types Defined
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Military Discharge Types Defined

A military discharge characterization of service is a designation assigned to a service member upon separation.  The characterization is based on the service member's performance while in the military.

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Murder
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Murder

A Fort Hood soldier recently killed three people, including his 28-year-old wife.  He then turned the gun on himself.  Thus, making this the third murder-suicide involving troops stationed at Fort Hood in less than a year. In recent years, Fort Hood has been the center of several gruesome incidents.

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Non-judicial Punishment
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Non-judicial Punishment

Nonjudicial punishment (NJP) describes forms of punishment used to maintain good order and discipline in the armed forces.  Article 15 of the Uniform Code of Military Justice (UCMJ) allows for NJP.  NJP has varying names depending on the service branch.

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Should I Go Judge Alone?
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Should I Go Judge Alone?

One of the frequent questions I hear in my practice relates to whether or not a military member facing court-martial should “go judge alone.”  Specifically, that means that a military judge rather than a court-martial panel will decide guilt or innocence and then decide on an appropriate sentence.

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When Experts Matter
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When Experts Matter

We prosecuted a hard-fought trial in Pennsylvania involving the death of a woman.  We obtained a full acquittal after almost two years of motions practice and battling with the prosecution.  Although the trial lasted four days, the jury deliberated less than thirty minutes before reaching a verdict.

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Military Plea Deals
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Military Plea Deals

One of the most frequent questions I hear in my practice relates to the tough decision to accept the military version of a plea deal (pre-trial agreement). This question can only be answered honestly after thoroughly reviewing a case's facts and the unique circumstances of a client’s situation.

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Double Jeopardy
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Double Jeopardy

It is Double Jeopardy. Unfortunately, this happens quite frequently. If civilian law enforcement charges you with a crime, not only will you face civilian charges, but you will also likely face action by your Command.

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The Language of Command
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The Language of Command

Crisp Military Law recently represented a military member at their in-person appearance for Non-Judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice. While not a complete victory, the outcome was highly favorable for the client and resulted in suspended punishment.

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The Military Bullet Journal
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The Military Bullet Journal

Have you ever looked around the room at a group of NCOs or Officers before a meeting? If you do, you will realize that all successful ones have something in common. They have a pen and notebook (usually a Federal Supply Service green notebook). There is a simple reason why a pen and a notebook matter. Even in a digital world, a pen and a notebook are critical gear for the success of any military member.

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BAH and Travel Fraud
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BAH and Travel Fraud

We represented an NCO at a General Court-Martial accused of Larceny, violating Article 121 of the Uniform Code of Military Justice (UCMJ), and making False Official Statements in breach of Article 107 UCMJ related to alleged BAH fraud.  Despite being wrongfully accused, my client was in a fight to save his career.

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Rebutting An Army QMP Selection
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Rebutting An Army QMP Selection

The Army Qualitative Management Program (Army QMP) was established under Army Directive 2014-06. The Army QMP aims to identify noncommissioned officers (NCOs) whose performance, conduct, or potential for advancement do not meet Army standards for continued service.

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Promotion Review Board
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Promotion Review Board

By Army Regulation 135-155, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers, paragraph 3-18, the appointment of an officer may be delayed in any case in which there is cause to believe that the officer is mentally, physically, morally, or professionally unqualified to perform the duties of the grade for which they were selected for promotion.

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