Administrative Separation and Military Discharges: How Service Members Leave the Military Administrative separation is one of the most powerful and least understood tools in military law. Unlike a court-martial, administrative separation is not a criminal proceeding. It does not require proof beyond a reasonable doubt, and it does not result in a criminal conviction. Yet […]
Court-Martial Basics: From Charges to Trial, Sentencing, and Appeals A court-martial is the military’s criminal trial system under the Uniform Code of Military Justice (UCMJ). It is formal, rules-based, and high-stakes. A court-martial can lead to confinement, reduction in rank, forfeitures, and punitive discharge, and it can also trigger long-term consequences that follow a service […]
The “Innocent Ingestion” Defense: Beating the “Perfect” Drug Test For a service member, a positive urinalysis is usually treated as a guilty verdict. The command often believes the science is infallible. “The lab doesn’t lie,” they say. But the lab—and the urine sample—only tell half the story. They tell us what is in your body, […]
Unlawful Command Influence (UCI): The “Mortal Enemy” of Military Justice In the civilian world, if a District Attorney plays golf with the Judge and tells him how to rule on a case, it is a scandal. In the military, the “District Attorney” (the Convening Authority) picks the Judge, picks the Jury, and pays the Defense […]
The GOMOR Rebuttal: Fighting for Your Career on Paper In the modern military, careers are rarely ended by a dramatic court-martial verdict. Instead, they die quietly, with the stroke of a pen, inside a General Officer’s office. The weapon of choice is the General Officer Memorandum of Reprimand (GOMOR). To the uninitiated, it looks like […]
Article 15 and Nonjudicial Punishment: What It Is and How It Affects a Military Career Nonjudicial punishment, commonly referred to as Article 15, is one of the most frequently misunderstood parts of military law. Because it is not a court-martial, many service members assume it is minor, informal, or inconsequential. In reality, Article 15 proceedings […]
Administrative Separation Boards: The “Backdoor” Court-Martial In the halls of military justice, there is a dirty secret known well to commanders and JAGs, but rarely understood by the troops until it is too late. It is called the “Backdoor Court-Martial.” When a command wants to destroy a service member’s career but lacks the evidence to […]
How Military Investigations Work: CID, NCIS, OSI, and CGIS Explained Military investigations can feel confusing and intimidating because they sit at the intersection of law enforcement, command authority, and military discipline. When an allegation arises, it may be handled by a military criminal investigative organization such as CID, NCIS, OSI, or CGIS, or it may […]
The Article 15 Dilemma: Accept the NJP or Demand a Trial? It is the moment every service member dreads. You are called into the First Sergeant’s office, made to stand at attention, and handed a stack of paper. The notification is for Non-Judicial Punishment (NJP), known as an Article 15 in the Army and Air […]
Uniform Code of Military Justice Overview: A Practical Guide to the UCMJ System The Uniform Code of Military Justice (UCMJ) is the federal body of law that governs criminal conduct, discipline, and judicial procedure for the U.S. Armed Forces. It applies to active duty service members in every branch, and it can also apply to […]