THE USGAO Report In 2016, The U. S. Government Accountability Office studied Department of Defense (DOD) data collected from 2011 to 2015. Consequently, their analysis found: During the years 2011 to 2015, 91,764 service members were separated for misconduct. Previously, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or certain other conditions associated with misconduct … Continued
Service members should consider rebutting or appealing a negative military evaluation to avoid lasting effects on their careers. Performance Evaluations The military uses performance evaluations to determine the best candidates for future service. Additionally, the evaluations ensure the promotion of qualified personnel. Types of evaluations are: OERs NCOERs EPRs OPRs Fitness Reports The evaluations allow … 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
Impact of Recent Changes in American Immigration Policy Recently, Military.com ran an Associated Press story about the Army quietly discharging immigrant recruits. I found this story particularly troubling both because immigration is a hot-button political issue impacting families all over this country and the idea of a pathway to citizenship for those who demonstrate their … 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
Not a Criminal Proceeding. A guilty finding at a non-judicial punishment should never be considered a ‘conviction’ because it was never meant to be a criminal proceeding. The purpose of non-judicial punishment is to correct minor deficiencies with service members in an expeditious manner and not to punish the military member in any lasting way. … 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
Non-Judicial Punishment Article 15 Crisp Military Law recently represented a military member at their in-person appearance for Non-Judicial Punishment pursuant to 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. This allowed the service member to keep … Continued
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