MILITARY LAW BLOG
Why Does Sexual Assault Occur in the Military?
Sexual assault claims among military service members are alarmingly high. According to the 2018 Department of Defense Annual Report on Sexual Assault in the Military, 20,500 active-duty service members reported experiencing sexual assault or rape, including about 13,000 women and 7,500 men. This indicates that 6.2 percent of female and 0.7 percent of male service … Read more
Are Service Members Required to Have Certain Vaccines?
Required vaccines are nothing new for the US military. Yet the topic has garnered newfound attention following the COVID-19 vaccination order. Are you considering joining the military, or do you already serve in the Armed Forces? If so, be prepared to adhere to the Department of Defense (DoD) vaccination mandates as part of the requirement … Read more
What is Stolen Valor and is It a Crime?
In general, it is not a crime to lie about serving in the military just to brag or impress others. Doing so may be morally reprehensible, but the deception isn’t enough to fine someone or put them in jail. However, “stolen valor” is a crime, as is impersonating a military member or officer. Learn more … Read more
Can Military Sexual Assault Survivors Sue Their Assailants?
Sexual assaults committed by someone in the general population often give rise to criminal prosecutions, which may result in fines, jail time, probation, and sanctions against the offender, if convicted. There are similar repercussions in the military, where sexual assaults are punishable under Article 120 of the Uniform Code of Military Justice (UCMJ). Sentences may … Read more
Army Makes Move for Stricter Social Media Policy
Social media is everywhere now. Every generation, in some aspect, is affected by it. In August, the Department of Defense released its first guideline for social media use. That release acted as the catalyst for other social media reforms to be put into place. Army Announces New Social Media Policy This month the Army also … Read more
What is a Military Protective Order?
A Military Protective Order (MPO) is a legal order issued by a commanding officer that prohibits an accused military service member from contacting the person or persons identified in the order. Learn more about the rules that apply to an MPO and how a military defense lawyer can defend you during any associated legal proceedings. … Read more
Does the Military Test for Steroids?
Due to the physical and cognitive demands of military service, 60% of Armed Forces members regularly consume dietary supplements to promote general good health. These products range from multivitamins and herbal supplements to purported steroid analogs. While many supplements are innocuous, others can cause serious side effects, including anabolic steroids. According to the Department of … Read more
How Jury Selection Differs in the Military & Article 120 Cases
Courts-martial are military courts that try the serious offenses of accused service members. As in civilian courts, a jury sits in on most court-martial cases. However, the selection process differs greatly, especially for Article 120 cases addressing sexual assault and rape. Learn about the differences and how a military defense attorney can help ensure you … Read more
What is a GOMOR?
A General Officer Memorandum of Reprimand (GOMOR) is a Letter of Reprimand (LOR), or administrative warning, sent from a general officer to a military service member who fails to meet established standards or policies. A GOMOR may be filed in one of two ways: In the Military Personnel Record Jacket (MPRJ), a “local file” that … Read more
Military Pretrial Confinement Protocols Under Scrutiny
While Congress has recently overhauled parts of the military justice system, some members of Congress believe further changes need to be made. Democratic Representative Veronica Escobar is calling for pretrial confinement to be issued based on legal advice and not by the ranking Commander. Current Pretrial Confinement Protocol Pretrial confinement, as defined by the MCM, … Read more
Military Members Have the Right to Political and Religious Proselytizing
Recent events surrounding Army Reserve Major Jamie Schwandt in North Carolina bring up the First Amendment issue regarding political and religious proselytizing within the military. Army Reserve Major Schwandt on YouTube In July of this year, Army Reserve Major Schwandt posted a video on YouTube discussing abortion and transgender issues. In his video, Schwandt identified … Read more
Appeals Court Sets New Precedent for Military Sexual Assualt Victims
A recent ruling by the 9th US Circuit Court of Appeals in San Francisco has set a new precedent for sexual assualt survivors to be able to sue not only their assailants but also the Defense Department. Retired Army Col. Kathryn Spletstoser v. retired Air Force Gen. John Hyten The ongoing Federal lawsuit of retired … Read more