Service members should seriously consider taking action to rebut or appeal a negative military evaluation to avoid lasting ramifications on their career. Performance Evaluations Performance evaluations are utilized by the military to identify the best candidates for future service in the military and ensure the proper personnel are being promoted. Types of Evaluations are: OERs … Continued
I recently represented an NCO at a General Court-Martial who was accused of Larceny in violation of Article 121 of the Uniform Code of Military Justice (UCMJ) and making False Official Statements in violation of Article 107 UCMJ, related to alleged BAH fraud. Despite being wrongfully accused, my client was in a fight to save … Continued
While preparing for a court-martial case at Fort Bragg I had the chance to speak with a Forensic Toxicologist who was one of my experts for the case. The Toxicologist works as a civilian for the military. He has spent years working with military drug testing facilities and is familiar with their internal processes as … Continued
Fact vs. Myth One of the most common urban legends that persists throughout the military is that a negative service characterization or discharge will be upgraded after six months. Throughout the last decade and a half that I have been practicing military law I have heard this idea repeated many times. “I thought my discharge … Continued
I recently litigated a hard-fought trial in Pennsylvania involving the death of a woman. After almost two years of motions practice and battling with the prosecution we obtained a full acquittal. In fact, even though the trial lasted four long days, the jury deliberated for less than 30 minutes before reaching a verdict. What was … Continued
One of the frequent questions that I hear in my practice relates to whether or not a military member facing court-martial should “go judge alone.” That means that a military judge rather than a court-martial panel will decide guilt or innocence and then decide on an appropriate sentence. While every case is different, it is … Continued
As a Soldier, physical and mental fitness for duty is required to serve. If a Soldier’s ability to serve has been compromised by an injury or illness, medical retirement does not automatically follow. A medical retirement is the last option for an injury caused or aggravated by service. An injury may initially result in a … Continued
“Strategic” Court-Martial Defense “Strategic” refers to the identification of long-term or overall aims and interests and the means of achieving them. Recently, during one of our Friday afternoon meetings, the attorneys at our firm spent time discussing the goals and reasonable potential outcomes for several of our ongoing cases. The conversations reminded me of the … Continued
Military Body Composition Standards Excellent Physical Health To become a service member in the armed forces, you must be in excellent physical health. That expectation remains even after you enlist or are commissioned as an officer. If you fail to maintain weight standards, it may result in separation. Physical Standard Body composition is a physical … Continued
Army Regulation 135-155 In accordance with 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 … Continued
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