Deliberately falsifying information on a military service application can result in severe penalties, including a fraudulent enlistment charge under Article 83 of the Uniform Code of Military Justice (UCMJ). The first purpose of Article 83 is to prevent people from entering the armed forces without the proper qualifications. Then, it aims to ensure service members … Read more
As a service member, you undoubtedly know the military has a zero-tolerance policy for drug use. The expectation is that if you’re entrusted with protecting and serving your country, you must do so without the influence of illicit substances. As such, everyone from the newest recruit to the most seasoned general is subject to random, … Read more
Failing to report for military duty is a serious offense carrying severe penalties up to and including capital punishment (the death penalty) for desertion during wartime. The Uniform Code of Military Justice (UCMJ) covers three charges relating to failure to report for duty—desertion, absence without leave (AWOL), and missing movement. Being absent without leave for … Read more
Military service members often experience more than their fair share of trauma while serving their country. Unfortunately, the resulting post-traumatic stress disorder (PTSD), traumatic brain injuries (TBI), military sexual trauma (MST), and other behavioral and mental health conditions can lead to misconduct that garners wrongful military discharges. This is the argument Iraq War veteran Tyson … Read more
When a person is charged with a crime, the judge may order pretrial confinement. The military version of pretrial confinement shares some similarities to civilian rules, but there are some notable differences. By understanding how pretrial confinement works for military members, you’ll know what to expect if this has been imposed on you. How Pretrial … Read more
Following FDA approval of the Pfizer COVID-19 vaccine in August 2021, President Joe Biden asked the Department of Defense (DoD) to explore adding it to the list of required vaccinations for service members. It wasn’t long before the military began mandating the COVID vaccine. In fact, the Navy set a deadline for all sailors to … Read more
Military service members have different rights than civilians. Still, they are protected under the Fifth Amendment of the US Constitution, which states: “No person shall…be subject for the same offense to be twice put in jeopardy of life or limb.” This means no one can be charged more than once for the same crime. However, … Read more
U.S. military service members have always operated under different rules than civilians. The military’s special system of laws—known as the Uniform Code of Military Justice (UCMJ)—employs its own regulations for prosecuting and punishing violators, which often includes a court-martial. Many military crimes are not punishable under civilian law, and the rights of military service members … Read more
The Uniform Code of Military Justice (UCMJ) has defined and punished military crimes since its inception in 1950. It’s usually reserved for charging active-duty service members, but the code also allows certain retirees to be court-martialed. Now, certain legal cases are challenging the longstanding rules, which could have significant ramifications for military veterans. Who Does … Read more
Most people are familiar with the two main types of military discharges—honorable and dishonorable—but there are numerous others as well. Most discharges are administrative, while others are punitive, related to medical conditions, or for the government’s convenience. Understanding the nature of your specific discharge can help you understand how it might complicate your ability to … Read more