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…
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…
A 173rd Airborne Brigade Soldier is facing a court martial for destruction of government property and making a false official statement. His Article 32 hearing was recently completed by the Army. If convicted, the Soldier could face up to 15 years in confinement. The destruction of government property offense stems from an airborne drop where…
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…
The following are the sexual assault and rape acquittals for the month of May: Fort Hood, Texas: On 04 May 2017, at a general court-martial, a Private was acquitted by a military judge of two specifications of rape in violation of Article 120, UCMJ. Joint Base Lewis-McChord, Washington: On 10 May 2017, at a general…
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…
