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.
The focus of today's blog post is on federal legislation entitled the Military Sex Offender Reporting Act, a law that was recently signed by President Obama.
We noted in a blog post from earlier this year the "hectoring and dismissive approach" employed by many military leaders toward active-duty servicemembers and veterans plagued by symptoms marking post-traumatic stress disorder. (Please see our February 5 entry).
Last Friday marked a signal day in the long march of gay Americans toward full equality before the law. In a 5-4 ruling, the United States Supreme Court held that no state in the union refusing to recognize same-sex marital unions could any longer deny the validity of such marriages consummated in other states deeming them lawful.
Although today's blog post relates to a recent news-based story, the tale it pertains to can equally be seen as a convenient stepping stone to general topical information that might reasonably be of interest to many of our readers.
When levied as punishment for an infraction of some type committed by a military servicemember, an Article 15 applies to minor offenses. Those can generally be distinguished quite readily from more serious misconduct that is termed criminal in nature and, in the military, is typically dealt with in a court-martial proceeding.
A recent article on military law presents some germane and interesting information concerning the singular aspects of a general court-martial case focused on sexual assault, and we pass along some central considerations for readers in today's blog post.
When it comes to sexual assault in the military, are things getting better?
According to a recently released study by the RAND Corporation, longstanding efforts by federal lawmakers to combat the incidence of sex crimes within the ranks of the military appear to be working as the number of reported sexual assaults among personnel has dropped considerably over the last two years.