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Military Law Archives

Does military justice value discipline more than due process?

Does the military afford procedural fairness to a service member accused of disciplinary or other violations? A recent book observes that military justice is different from civilian justice, serving several simultaneous aims, such as justice, due process and discipline. When it comes to a court-martial, however, the author believes that discipline is paramount, with justice and due process subordinate.

The SGT Bergdahl story demonstrates why a good military defense lawyer is so important

UCMJ protocol doesn't necessarily end after an initial investigation. In the case of Sergeant Bergdahl, he faces a general court martial even though an investigation recommended that he face no jail time and even though an Article 32, UCMJ, investigation recommended that he be tried in a Special Court-Martial.

Can you appeal a denied request for delay or exemption from duty?

Individuals that want to serve their country but have other personal circumstances, such as family or work obligations, might opt for the Reserves or the Army National Guard. The enlistment and training schedule may only involve weekends and a few weeks during the year.

Can an attorney help you during a military investigation?

The reasons why a service member might require the skills of a lawyer can be quite varied, as illustrated by the client testimonials on our law firm’s website. Yet several common themes emerge, often involving a fight to preserve one’s career, military benefits or future opportunities.

Do some medical conditions automatically disqualify a soldier?

Can a food allergy render a cadet unfit for service and jeopardize his or her ROTC program participation? According to a recent incident involving a sergeant in the U.S. Army Cadet Command’s ROTC program, the answer to that question might be yes.

What evidence is needed to win a discharge upgrade?

Although it may seem counterintuitive, having a discharge upgraded is actually a good thing. The term comes from Section 1553, Title 10 of the United States Code. The law authorizes a board to review the discharge of any former member of the armed forces, with the exception of those resulting from a general court-martial. 

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