When facing a misconduct investigation, the focus is understandably upon trying to disprove the alleged misconduct. While that concern is your primary goal, you also need to be aware that even if you are successful in disproving the alleged misconduct, this issue may come up again when you are selected for promotion. Under a new…
If you are facing a court-martial, make sure that you are prepared to defend yourself by thinking ahead and creating a plan. The court-martial process can be long and difficult. It is important that you do whatever you can to prepare your defense as early as possible in the process. Educate Yourself Learn everything you…
Our office just received another outstanding board result for a CW5 client. The government alleged that our client committed a flagrant violation of flying regulations, and displayed a lack of integrity in failing to report a suspected blade strike. In addition to our client, the government also sent his co-pilot, a CW3, to a flying…
The purpose of a flying evaluation board is to evaluate a pilot’s potential for continued aviation services. In most cases, a flying evaluation board will be directed when an officer demonstrates behavior that could be construed as substandard or unsafe. In those instances, the ability to pilot Army aircraft is subject to complete review. Examples…
Our office just received another outstanding GOMOR result for a client. The Soldier was accused of abusive sexual contact. The allegations were serious, and had the potential to ruin the Soldier’s career. The Soldier initially turned to an inexperienced attorney to write their rebuttal. After a few minutes of speaking with that attorney, the Soldier…
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,…
The regulation that governs removal from a promotion list is Army Regulation 600-8-19. Removal from a promotion list may be directed either by commander in the filed (“local”) or at HQDA level. A local promotion list includes those Soldiers recommended for promotion to the ranks of Sergeant and Staff Sergeant. A HQDA promotion list includes…
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…
