201709.11
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Proving Character In Sentencing

In sentencing, an accused may introduce matters in extenuation or mitigation to lessen the punishment received at a court martial.  Matters in extenuation include circumstances surrounding the commission of the offense, while matters in mitigation are personal factors concerning the accused.  An accused may introduce such evidence either through the testimony of witnesses, documentary evidence,…

201708.25
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A Pretrial Agreement

The Uniform Code of Military Justice guarantees a Soldier the right to a court martial by members, and protects against self-incrimination.  Despite these guarantees, the vast majority of court martial cases end in a plea of guilty, not trial by members. Although a Solder has the right to plead not-guilty and require a court-martial panel…

201707.25
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GOMOR Result

Our office had another great GOMOR result for an Army Captain.  The Captain was facing a permeant filing in his Army Military Human Resource Record (AMHRR) due to an allegation that he wrongfully received an overpayment of basic allowance for housing (BAH). The Commanding General (CG) believed the Captain exploited provisions of the Joint Travel…

201707.12
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Sexual Assault Convictions

Each month we publish the sexual assault acquittals that happen in the Army. Some Soldiers have contacted our office, and requested that we also publish sexual assault convictions. The following is a list of all sexual assault convictions and Article 120 convictions in the Army for the month of May: Fort Riley, Kansas: On 01…

201707.07
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Finance Fraud and G-RAP

The New York Times recently published an article on the efforts to prosecute Soldiers for finance fraud under the now-defunct incentive program called the Guard Recruiting Assistance Program (G-RAP). The story highlights just how far off track the Army’s Criminal Investigation Command (CID) and its Task Force Raptor have gone off course. It has been…