Denver, CO Martial Law Blog

Monday, January 14, 2019

Can I Be Discharged For Conduct Unbecoming An Officer?

Military administrative action attorneys can literally save the careers of service members who have been charged with violating any number of statutes, orders and service regulations collectively known as military administrative law. 


While court-martial proceedings deal with military criminal matters, administrative actions are the military’s way of handling non-criminal charges. 


In a nutshell, superior officers can exercise their broad discretion in interpreting the rules and use administrative actions against service members to censure and pursue reprimands for low-level offenses. Not only is there potential for abuse of the system by officers, but the possible reprimand can be as severe as a discharge. Other consequences include reduction in rank, placement in correctional custody, loss of pay, extra duty, or additional restrictions. 


A skilled administrative action attorney has, many tactics available to defend you and or mitigate the reprimand, including exhaustive investigations, clear strategy, and supported claims for leniency. 


Recently, a Brigadier General was reportedly subjected to an inspector general investigation and allegedly found to have exhibited “conduct unbecoming an officer and a gentleman” based on “inappropriate comments about women on two separate occasions”. Reportedly, one incident involved “publicly shaming” a subordinate junior female airman and the other incident involved an alleged remark about a woman’s breasts at a professional football game. Both incidents reportedly occurred after he had allegedly consumed alcoholic beverages, according to witness statements. 


In addition to the two incidents, other subjects of the investigation involved allegations of failing to report suicide attempts as mandated, misuse of government vehicles and drivers for 27 airport transfers, and improper solicitation and receipt of “gifts of photographs and autographs from celebrities” at an event. 


After the investigation was concluded, the one-star general reportedly received the following reprimands: 

  • forced retirement
  • no promotion to major general
  • a letter of admonishment. 

If you are facing a letter of reprimand, a general officer memorandum of reprimand, or other form of reprimand, the civilian military defense attorneys at Elkus Sisson & Rosenstein, P.C. can help you. Contact us today for a free consultation. 

From our offices in Colorado Springs and Denver, Colorado, we represent service members of all ranks, in all branches, anywhere in the world. 


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