A recent ruling by the 9th US Circuit Court of Appeals in San Francisco has set a new precedent for sexual assualt survivors to be able to sue not only their assailants but also the Defense Department. Retired Army Col. Kathryn Spletstoser v. retired Air Force Gen. John Hyten The ongoing Federal lawsuit of retired … Read more
Are you interested in joining the military? A criminal record doesn’t make it impossible to enlist, but it certainly complicates the process. The military holds recruits to a high standard. When you visit a Military Entrance Processing Station (MEPS), a recruiter interviews you to determine your mental aptitude, physical qualifications, and moral character. A criminal … Read more
Have you heard of the Brandon Act? This legislation “modifies the regulatory requirement for the referral of a member of the Armed Forces for a mental health evaluation. It requires that commanding officers or supervisors make referrals as soon as practicable and that the referral process protect the confidentiality of the member.” The Brandon Act … Read more
The Department of the Air Force recently released DAF Instruction 36-3211, which increases support for sexual assualt victims, promotes accountability and prevention, and outlines the discharge steps to be taken for separation. DAFI 36-3211 7G: Sexual Assault DAFI 36-3211 describes sexual assault as rape, sexual assault, aggravated sexual contact, abusive sexual contact, or attempts to … Read more
All branches of the U.S. military have rules regarding friendships, business associations, dating, and marriage among service members of different ranks and positions. Not all contact between officers and their subordinates is prohibited, and the goal is not to dissuade service members from having interpersonal relationships. Rather, the regulations are intended to prevent compromising order, … Read more
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 military service member, it’s important to understand how the military handles alcohol use. This way, you can make lawful, responsible choices regarding your alcohol consumption. Here’s what you need to know to remain in good standing as a service member and what to do if you face disciplinary action for excessive alcohol use. … 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
Facing a Court-Martial and Need Legal Help Right Away?If you’re in the early stages of a military criminal case—or haven’t yet been convicted—you may want to start with a broader overview of your legal rights and representation options.👉 Learn how a court-martial attorney can defend you from day one. If you’ve been convicted by a … 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
