MILITARY LAW BLOG
ARMY RESTRUCTURING SUBSTANCE ABUSE TREATMENT FOLLOWING CRITICAL REPORTS
In a recent interview, Army Secretary John McHugh has revealed that the Army’s programs for treating soldier alcohol and substance abuse are shifting back to the Army Medical Command from the Installation Management Command. The change comes following a disturbing report from USA Today that detailed the sharp decline in treatment under the Installation Management … Read more
DEFENSE COUNSEL ARGUES THAT DISMISSED CHARGES AGAINST AIRMAN SHOULD STAND
Last July, Lt. Col. Joshua Kastenberg ruled that the dismissed sexual assault charges against 1st Class Brandon T. Wright had been exposed to “unlawful command influence” in Italy, but that the case should still see a stateside court-martial. Now, Wright’s defense counsel is arguing that the initial dismissal in favor of their client should stand. … Read more
WILL BOWE BERGDAHL AVOID JAIL TIME?
This month, a second Army official has reportedly come forward and recommended that Sgt. Bowe Bergdahl should not receive jail time for his alleged desertion and misbehavior before the enemy offenses. The recommendation comes a month following Maj. Gen. Kenneth Dahl recommendation, who investigated Bergdahl’s actions in Afghanistan and testified that Jail time would be … Read more
HILLARY CLINTON PUSHES FOR RETROACTIVE HONORABLE DISCHARGES FOR OUSTED GAY SOLDIERS
On Saturday, October 3, 2015, Democratic presidential candidate Hillary Clinton spoke to the Human Rights Campaign and passionately reiterated her support for the LGBT community. In particular, she told the crowd that she believed that LGBT military service members who have been discharged due to their sexual orientation should receive retroactive honorable discharges. “Don’t Ask, … Read more
TWO GREEN BERETS UNDER FIRE FOR ATTACK ON AFGHANI CHILD RAPIST
In 2011, two Army Green Berets stationed in the Kunduz Province assaulted an Afghan police official they had learned had been keeping a young boy in sexual slavery. Now, those two soldiers are gaining support from lawmakers, comrades, and others after being subjected to harsh administrative actions that have effectively ended their careers. As The Daily … Read more
PILOTS REPRIMANDED AFTER DRUG TEXT
Does the military have the power to seize its service members’ personal data and reprimand them for crimes based on no further evidence? That’s the question that’s being asked by two congressmen to the Air Force, who recently disciplined four pilots whose text messages to each other apparently upset superiors. In addition to the troubling … Read more
AIR FORCE TRANSITIONING TO “POSITIVE” SEXUAL ASSAULT PREVENTION TRAINING
To combat the prevalence of sexual assault within ranks of our military, officials have developed intensive training programs to raise awareness and give service members the knowledge and resources to combat this issue. However much of this kind of training-in the military and elsewhere-focuses on prohibiting certain actions, especially for females. In response, Air Force … Read more
“UNLAWFUL COMMAND INFLUENCE” REVERSES 2012 ARMY RAPE CONVICTION
In 2012, Army Staff Sgt. Gabriel C. Garcia was convicted in a court-martial for several sexual offenses, (Maltreatment of several NCO’s & Sexual Harassment of a CW2) the most serious of which were the rape and forced sodomy of an Army paralegal, Staff Sergeant “CC.” Now, three years later, The United States Army Court of … Read more
NAVIGATING “FREE SPEECH” FOR SERVICE MEMBERS IN THE WORLD OF SOCIAL MEDIA
“9/11 has officially been declared grandparents day by the Whitehouse. Somebody please f**king kill Obama.” As Jeff B. Woodmansee’s still-relevant piece from The National Law Journal points out, you do not have to search long on social media to find military service members airing their grievances against President Obama and his administration. In “When Soldiers Go Social … Read more
AIR FORCE TO PROCEED WITH SEXUAL ASSAULT CASE FOLLOWING ALLEGED POLITICAL MANIPULATION
The Air Force has ruled that the sexual assault case against Airman 1st Class Brandon T. Wright, despite enduring a tangled history of alleged political influences, will move forward with a court-martial this October. In the July 30 decision, Lt. Col. Joshua Kastenberg recognized that Wright’s initial case had been exposed to “unlawful command influence,” … Read more
RUMORS OF WEAPONS CHARGES SWIRL AFTER NAVY SHOOTING IN CHATTANOOGA
Over this past weekend, to the outrage of many, rumors spread that Navy Lt. Commander Timothy White would face weapons charges due to his role in the Chattanooga shooting last month. White, who allegedly fired back at the perpetrator in that attack, would have needed to carry a personal firearm into the facility to do … Read more
DOD TO LOOK INTO RETALIATORY MENTAL DIAGNOSES FOLLOWING SEXUAL ASSAULT CLAIMS
The Department of Defense’s Office of Inspector General (OIG) has announced it will launch a new investigation into certain “personality and adjustment disorder” diagnoses in military personnel since 2009. The announcement comes after long-standing suspicion that the diagnoses-which enforces an immediate discharge from the service-were used as retaliation against military members who came forward with … Read more