Military Law Survival Guide
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Are You Under Military Investigation or Facing Discharge?
This site is your field manual for surviving the military justice system. Written by veterans and legal experts, we break down the UCMJ, boards, and investigative process step by step.
When facing accusations, a disciplinary action, or an investigation in the military, confusion and fear are common. The Uniform Code of Military Justice (UCMJ) is complex, and understanding your rights and the procedures is critical to protecting your career, benefits, and future. This guide provides clear, actionable information for servicemembers and their families to navigate these challenging situations.
Your Essential Guide to Military Law & Justice
The military justice system encompasses a wide range of legal actions, from minor disciplinary measures to severe criminal trials. This guide covers all the critical areas you need to understand:
UCMJ Explained: Your Rights & Responsibilities
Demystify the Uniform Code of Military Justice. Learn about its structure, common articles (like Article 31b, Article 86, Article 92, Article 112a, Article 120, Article 134), and how military law applies to you. Understand the foundational principles of military justice and your inherent rights as a servicemember.
Military Criminal Investigations: What to Expect
Facing CID, NCIS, OSI, or CGIS? Discover the different types of military investigations, your crucial rights during questioning, and the importance of invoking your right to remain silent and seek legal counsel immediately. Learn how to protect yourself from unintended self-incrimination.
Court-Martial Defense: Navigating Military Criminal Trials
If you’re facing a court-martial, this guide provides a step-by-step breakdown of the process: from charges and pre-trial procedures (like Article 32 hearings) to the trial itself (Special and General Courts-Martial) and the sentencing phase. Understand the difference in burdens of proof and the severe consequences of a military criminal conviction.
Administrative Separations & Boards: Protecting Your Discharge
Learn about involuntary administrative separations and the boards designed to determine your discharge characterization (Honorable, General, OTH). Understand the reasons for separation, the administrative process, and how to defend your service record to protect your veteran benefits and civilian employment.
Article 15 / NJP: Weighing Your Options
Non-Judicial Punishment (NJP), also known as Article 15, Captain’s Mast, or Office Hours, can seem like a quick fix but carries hidden dangers. Explore your right to refuse NJP, the potential collateral consequences on your career and benefits, and how to make the critical decision to accept or demand a court-martial.
Military Lawyers & Legal Counsel: Your Advocates
Understand the role of military defense lawyers, what services they provide, and why seeking knowledgeable legal counsel is vital at every stage of the military justice process. Learn about the importance of experienced legal representation in safeguarding your rights and achieving the best possible outcome.
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Why We Built This Guide
Too many service members and their families get blindsided by a military justice system they don’t understand. We created this comprehensive guide to give you straight answers, backed by real-world experience and deep legal knowledge. We believe that informed servicemembers are empowered servicemembers.
Our goal is to break down complex military law topics into clear, actionable insights. No fluff. No false hope. Just the facts, your rights, and tactical guidance that works, written by veterans and legal experts who have navigated these very waters. This is your essential resource for understanding all things UCMJ and military law, both criminal and administrative.
Frequently Asked Questions About Military Justice
What is the UCMJ and who does it apply to?
The Uniform Code of Military Justice (UCMJ) is the federal law governing the conduct of all U.S. military personnel. It applies to active duty servicemembers, National Guard and Reserve members on active duty, cadets, midshipmen, and certain retired servicemembers.
What is the difference between an Article 15 and a court-martial?
An Article 15 (Non-Judicial Punishment or NJP) is a commander’s disciplinary action for minor offenses, which does not result in a federal criminal conviction. A court-martial is a formal military criminal trial, which does result in a federal criminal conviction if found guilty, and carries much more severe punishments like punitive discharges or confinement.
Do I have a right to a lawyer if I’m under military investigation?
Yes, under Article 31b of the UCMJ, you have the right to remain silent and the right to consult with a lawyer (military or civilian) before and during any questioning if you are suspected of an offense. It is crucial to invoke these rights immediately.
How does a military discharge affect my VA benefits?
Your discharge characterization (Honorable, General, Other Than Honorable, Bad-Conduct, Dishonorable) directly impacts your eligibility for VA benefits like the GI Bill, healthcare, disability compensation, and home loans. Honorable discharges typically grant full access, while punitive or less-than-honorable administrative discharges can severely limit or eliminate eligibility.