UCMJ vs. Civilian Law: Key Distinctions
https://ucmjmilitarylaw.com/ucmj/ucmj-vs-civilian-law-key-distinctions/ UCMJ vs. Civilian Law: Key Distinctions While both military and civilian justice systems aim to uphold the law, they operate under different principles, jurisdictions, and procedures. Understanding these distinctions is vital for service members navigating legal challenges. Jurisdiction: UCMJ: Applies to military personnel globally, regardless of where the offense occurred (on or off base, […]
Types of Military Justice Actions: A Spectrum of Discipline
https://ucmjmilitarylaw.com/ucmj/types-of-military-justice-actions-a-spectrum-of-discipline/ Types of Military Justice Actions: A Spectrum of Discipline The military justice system employs various tools to address misconduct, ranging from minor administrative actions to severe criminal prosecutions. A. Non-Judicial Punishment (NJP / Article 15 UCMJ) NJP is a commander’s tool for addressing minor misconduct without resorting to a court-martial. While less formal, it […]
Articles of the UCMJ: Offenses at a Glance
https://ucmjmilitarylaw.com/ucmj/articles-of-the-ucmj-offenses-at-a-glance/ Articles of the UCMJ: Offenses at a Glance The UCMJ contains specific articles defining various offenses, from minor infractions to serious felonies. Each article has defined elements that the government must prove beyond a reasonable doubt for a conviction. Article 86 (Absence Without Leave – AWOL / Desertion): Unexcused absence from duty, unit, or […]
How to Survive a Separation Board
https://ucmjmilitarylaw.com/boards/separation-board-survival/ How to Survive a Military Administrative Separation Board: Your Blueprint for Defense For any service member, receiving notification of an impending Administrative Separation Board (ASB) hearing can trigger immense stress and uncertainty. While often described as “administrative,” make no mistake: an ASB is a formal, high-stakes proceeding that can irrevocably alter your military career, […]
Article 120 – Sex Offense Allegations
Article 120 UCMJ – Sex Offense Allegations: Your Aggressive Defense Starts Now Few accusations carry the immediate and devastating weight of a military sex offense allegation under Article 120 of the Uniform Code of Military Justice (UCMJ). In the current military climate of “zero tolerance” and heightened public scrutiny, an accusation of rape, sexual assault, […]
How to Survive a Separation Board
How to Survive a Separation Board How to Survive a Military Administrative Separation Board: Your Blueprint for Defense For any service member, receiving notification of an impending Administrative Separation Board (ASB) hearing can trigger immense stress and uncertainty. While often described as “administrative,” make no mistake: an ASB is a formal, high-stakes proceeding that can […]
Command Investigations (CDI & 15-6)
https://ucmjmilitarylaw.com/investigations/command-directed/ Command Investigations (CDI’s & Army AR 15-6): Understanding the Process In the intricate ecosystem of military operations, maintaining discipline, ensuring accountability, and addressing incidents effectively are paramount. Beyond the formal criminal justice system of courts-martial, military commanders frequently rely on administrative investigations to gather facts, determine causes, and inform critical decisions. Among the most […]
Article 128 UCMJ – Assault Charges in the Military
https://ucmjmilitarylaw.com/ucmj/article-128/ Article 128 UCMJ – Assault Charges in the Military What to Know If You’re Accused of Assault Under the UCMJ What Is Article 128? Article 128 of the Uniform Code of Military Justice (UCMJ) addresses a broad spectrum of assault-related offenses. It criminalizes everything from threats of violence and shoving someone to serious battery […]
Court-Martial Defense
Court-Martial Defense Purpose: Your Authoritative Guide to Protecting Your Military Career and Future For any service member, the notification of a potential court-martial is a seismic event. It represents not just an accusation, but a direct threat to everything one has built: a military career, hard-earned benefits, reputation, and even freedom. In such moments of […]