In the civil arena, a party that loses at trial may have appeal options. In the military system, however, a recent article suggests that there is inadequate appellate review.
Although everyone may hope for good news after receiving an annual physical, such examinations carry more significance in the military. In fact, a medical evaluation may influence the course of a military member’s career, including whether he or she might be eligible for certain benefits, promotions, or even admittance into certain military programs. Conversely, an incorrect health rating may clear a military member for duties for which he or she is no longer able or fit to perform.
Does a service member have legal recourse when he or she believes that a commanding officer has acted improperly or illegally? As an attorney that focuses on military law, I know that Article 138 of the Uniform Code of Military Justice provides some protection. In some situations, a service member may be able to file a complaint against the officer.
According to a recent news release from the Judge Advocate General's office, a U.S. Air Force Tech. Sgt. stationed at a domestic air force base was recently court-martialed on sexual abuse and assault charges.