MILITARY LAW BLOG
What Do the Latest Changes to Military Sexual Assault Prosecution Mean?
A tremendous shift recently occurred in the US military justice system, one that is set to reshape how cases involving sexual assault, among other serious offenses, are handled. This historic change primarily aims to address longstanding concerns and improve trust in the system. But what do these reforms entail, and how do they impact you … Read more
What Happens When You Disobey a Military Order?
Every military service member takes an oath to obey orders from the President of the United States and the officers appointed over them. This promise is not a mere formality. Rather, it serves as a cornerstone of military discipline. So what happens if a service member fails to uphold this oath by disobeying a direct … Read more
Can You Rejoin the Military After Being Discharged?
Are you considering rejoining the military? Perhaps you miss the camaraderie or want to reenlist for financial, insurance, or other reasons. Your ability to reenlist after being discharged depends on several factors, including the type of discharge you received, the reason behind your discharge, the military reenlistment eligibility code on your discharge documents, and the … Read more
What Is the Punishment for Wrongful Appropriation?
Wrongful appropriation, as defined under Article 121 of the Uniform Code of Military Justice (UCMJ), occurs when a person unlawfully takes, obtains, or withholds money, personal property, or an item of value from another person’s possession. This act is differentiated from larceny by the perpetrator’s intention. In wrongful appropriation, the intent is to temporarily deprive … Read more
Sexual Assault: Restricted vs. Unrestricted Reporting
Sexual assault is an issue the Armed Forces takes very seriously. Given the gravity of this matter, service members must understand their options when reporting such incidents. Learn about the two main ways to report sexual assault in the military and how a military defense attorney can defend service members accused of sexual assault. Overview … Read more
When Should You Appeal a Court-Martial Verdict?
Navigating the military justice system can be daunting, especially when faced with a court-martial conviction. What if you believe the decision was unjust or that errors occurred during your trial? In such cases, you may consider appealing your conviction. Learn the circumstances under which you should appeal a court-martial verdict, the steps involved, and the … Read more
How Can You Upgrade a Military Discharge?
A service member’s military discharge significantly impacts their life, shaping employment prospects, determining eligibility for VA benefits, and influencing their reputation. Sometimes, service members are discharged unjustly or erroneously, leading to undeserved consequences. Fortunately, veterans in these circumstances have options. Learn what it takes to request a military discharge upgrade and why it’s important to … Read more
What is Consent According to UCMJ Article 120?
Consent is a crucial element in the context of sexual assault cases, especially within the military justice system. Article 120 of the Uniform Code of Military Justice (UCMJ) specifically addresses the crime of rape, sexual assault, and other related offenses. Understanding consent according to UCMJ Article 120 is crucial for service members, not only to … Read more
What Does the End of the COVID Vaccine Mandate Mean for Military Members?
In January 2023, the Department of Defense (DoD) rescinded the August 2021 memorandum mandating the COVID-19 vaccination for all military personnel. This marks a significant shift in the military’s approach to managing the dwindling pandemic. The decision has raised numerous questions among service members regarding the implications of the lifted mandate, potential repercussions for those … Read more
What is the Punishment for Sexual Assault in the Military?
Sexual assault in the military is a serious crime with profound consequences for both the victims and the alleged perpetrators. Sexual misconduct not only undermines the trust and camaraderie essential for military units to function effectively, but it also tarnishes the reputation of the armed forces. For these reasons, the United States military has taken … Read more
What is Conscientious Objection to Military Service?
Conscientious objection to military service is a firm, fixed, and sincere position taken by someone who refuses to participate in war on the basis of religious, moral, or ethical beliefs. This objection may take many forms, such as a refusal to serve in combat, register for the draft, pay taxes tied to war allocations, or … Read more
What Does a Sexual Assault Victim Get If They Win Their Case?
Sexual assault has been a hot topic in the military for years. When a service member is convicted of this crime under Article 120 of the Uniform Code of Military Justice (UCMJ), they may face punishments such as bad conduct or dishonorable discharge, imprisonment, and forfeiture of all pay, allowances, and veteran benefits. But do … Read more