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 a Mental Health Discharge Upgrade for Vets Means for Active Members

In April 2017, Iraq War veteran Stephen Kennedy filed a class-action lawsuit on behalf of about 50,000 soldiers. The settlement class includes members and former members of the Army, Army Reserve, and Army National Guard who served during the Iraq and Afghanistan wars and who: Were less-than-honorably discharged; Have not received a discharge upgrade; and … 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

How Our Team Can Assist with a Discharge Upgrade

The general public is familiar with only two types of military discharges: Honorable and Dishonorable. However, there are many others, which may be punitive or administrative in nature, related to medical conditions, or for the convenience of the government. Your discharge may matter very little to a civilian employer, but your eligibility for state and … Read more

Could the Former Captain of the USS Theodore Roosevelt Face Charges?

The Navy’s top admiral, Mike Gilday, will soon decide the fate of Navy Captain Brett Crozier, the former commanding officer of the aircraft carrier USS Theodore Roosevelt. Then-acting Navy Secretary, Thomas Modly, fired Crozier on April 2 after Crozier emailed more than 20 people outside his chain of command explaining the dire situation regarding his … Read more

National Defense Authorization Act for Fiscal Year 2020 Brings 3 Significant Provisions

The National Defense Authorization Act for Fiscal Year 2020 (NDAA FY20) was recently unveiled by Congress, passed, and signed by President Trump. The NDAA outlines how Congress intends to “raise and support” the military for the next fiscal year, setting budget guidelines and expectations. The NDAA also introduces new military justice provisions for further legislative … Read more

Court-Martial Jurisdiction Does Apply to Retirees, Says Air Force CCA

The Air Force Court of Criminal Appeals (AFCCA) has affirmed that it is sometimes possible and necessary to bring a retired service member before court-martial for judgement and penalties relating to pending criminal accusations. To some, the decision contradicts the purpose and intent of court-martial, which is meant to exclude civilians from its jurisdiction. However, with the … Read more

JOSEPH L. JORDAN, JD, RECOGNIZED FOR EXCELLENCE IN MILITARY LAW

LAWTON, OK, July 25, 2019, Joseph L. Jordan, JD, has been included in Marquis Who’s Who. As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection … Read more

NAVY-MARINE CORPS CCA QUESTIONS VALIDITY OF CONVICTION IN WILSON CHILD SEX CRIME CASE

The Navy-Marine Corps Court of Criminal Appeals (CCA) recently deemed Colonel Wilson’s child sex abuse conviction to be factually insufficient, with a focus on inconsistent testimonies from the six-year-old child who alleged the abuse. Not only did the CCA question the validity of the conviction, but it did so with multi-thousand-word opinion piece rarely seen before in … Read more

GALLAGHER ACQUITTED OF MOST WAR CRIME CHARGES AFTER PROSECUTORIAL TAMPERING

Navy Officer Gallagher avoided nearly all charges in his war crimes case, which was complicated by prosecutorial tampering. Although the prosecution’s unusual attempts to spy on the defense was not directly cited in the ruling, it still carries implications for future similar cases. GALLAGHER CONCLUDES WITH ONLY ONE CONVICTION Edward Gallagher of the U.S. Navy … Read more