Can You be Charged Under the UCMJ After Discharge?

Judge ruling on UCMJ.

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

What are the Different Types of Military Discharge?

Photo of military discharge.

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

What are the Differences in Military and Civilian Court Cases?

Photo of a court room.

Are you a military service member who has been accused of committing a crime? While certain activities are illegal under both martial and civilian law, the military has a different set of codes, processes, and penalties for dealing with crimes. If you’re facing a military trial, it’s important to familiarize yourself with the differences in … Read more

Defending Against Accusations of Self-Harm

It is not surprising that many military troops return from lengthy overseas deployments with mental health challenges, including depression and post-traumatic stress disorder (PTSD). These mental illnesses are strongly linked to suicidal behavior and can predicate the transition from suicidal ideation to suicide attempts. According to the University of Massachusetts Law Review released in 2014, … Read more

What Constitutes a Conspiracy Charge?

Article 81 of the Uniform Code of Military Justice (UCMJ) covers the topic of conspiracy. If you have been accused of this crime, it’s important to understand what constitutes a conspiracy charge so you can begin building your defense. Elements of Conspiracy Conspiracy is a serious crime with potentially long-term ramifications. The UCMJ recognizes two … Read more

Reviewing the Report of the Fort Hood Independent Review Board Findings

Fort Hood Review

Under the direction of the Secretary of the Army, the Fort Hood Independent Review Committee (FHIRC) recently conducted a comprehensive assessment of the “Fort Hood command climate and culture and its impact, if any, on the safety, welfare, and readiness of our soldiers and units.” The committee’s report focuses largely on the Sexual Harassment/Assault Response … Read more

How a DUI Affects Your Military Career

DUI Article 111

Military service members often spend much of their days operating vehicles, aircraft, and vessels. They are expected to control these machines responsibly and safely. Failure to do so could result in a criminal charge. Drinking and driving—whether on base in a military craft or off base in a personal vehicle—is a violation of Article 111 … Read more

Understanding the MINOR Act

If a juvenile commits sexual assault against another minor on a military installation, who has the jurisdiction to prosecute? The federal government has exclusive legislative jurisdiction on many military installations because these are considered federal properties. As a result, local prosecutors lack the legal authority to apply state juvenile delinquency laws to minors living on … Read more

Understanding Manslaughter Charges

When serving on the front lines, military servicemen and women may face the difficult responsibility of killing enemy soldiers on the battlefield. This type of killing is lawful because it is done against a hostile force during a war. However, when done without legal justification or excuse, killing a fellow human being is against the … Read more