MILITARY LAW BLOG
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
What is Non-Judicial Punishment?
Non-judicial punishment (NJP) is a form of disciplinary action that a military service member may face when charged with a minor offense. The proceedings allow commanders to resolve minor service member misconduct without resorting to higher forms of discipline. Each branch of service calls non-judicial punishment by a different name, including: Captain’s Mast (Navy and … Read more
What is the Maximum Punishment for an Article 120 Violation?
Article 120 of the Uniform Code of Military Justice (UCMJ) deals with rape, sexual assault, and sexual contact. These offenses cover a range of unlawful, forced sexual actions on another person. Charges involving sexual misconduct involving a child fall under Article 120b, while “other sexual misconduct” is outlined in Article 120c. Sexual assault in the … Read more
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