Denver, CO Martial Law Blog

Wednesday, September 11, 2019

Sailor Commits Suicide Rather Than Face Court Martial For Child Pornography

Earlier this year, Navy Construction Electrician Construction man Kirkland Warren Whitmyre, 22, took his own life after being charged with receiving, possessing, viewing, and distributing child pornography. He drove his car off the road the day before his court martial hearing. 

According to Read more . . .

Thursday, September 5, 2019

Fixing an Error or Omission on Your Military Record

Everyone makes mistakes. But when that mistake impacts your military career it can have a profound negative impact. Luckily, the secretary of a military branch who acts through a board for correction of military records (BCMR) has the authority to correct any errors or remove any injustices within one’s military record. 

In deciding what to correct, the correction board may consider taking applications for the following:

  • Upgrading a discharge
  • Change a reenlistment code
  • Changing a discharge to or from medical discharge or military retirement
  • Reviewing a Discharge Review Board Decision
  • Making Other Changes to military records
  • Reinstating a veteran into the military
In other words, BCMRs may do anything to alter military records but for overturning a general court-martial conviction. However, there are limitations.
Read more . . .

Monday, August 12, 2019

Navy SEALs Caught Drinking in Combat Zone, Ordered Off Deployment

As it should, the United States Navy holds its military members to certain standards. Both tactical proficiency and ethical adherence are considered of equal importance. Unfortunately for a platoon of Navy SEALs on SEAL Team 7, they could not live up to these standards and comply with the law. 

On July 24, after a “perceived deterioration of good order and discipline within the team during non-operational period,” Navy Officials from the U.S.
Read more . . .

Wednesday, August 7, 2019

What to Know About the 3 Types of Military Court-Martial

When a member of the armed services is accused of offenses against military law, the military has its own internal judicial court system for prosecuting them. This is called a “court-martial.” There are three different types of courts-martial: summary, special, and general.
Read more . . .

Wednesday, July 17, 2019

Sexual Assaults in the Military Increased by Almost 38 Percent Last Year

According to a survey by the Pentagon, the number of sexual assaults reported by service members in 2018 spiked by almost 38 percent. Last year, approximately 20,500 cases of “unwanted sexual contact.” This includes rape, forcible sodomy, and groping in addition to other offenses. Although

Read more . . .

Sunday, July 14, 2019

Military Members and “Misbehavior Before the Enemy”

While the military is often known for following rules and maintaining order, that does not mean that all of its members are incapable of finding themselves legally in trouble. Those in the military must follow the Uniform Code of Military Justice, or UCMJ. The UCMJ contains various offenses with which a military member may be charged. One of the most complex offenses is known as “misbehavior before the enemy.” 

What Constitutes Misbehavior Before the Enemy?

Misbehavior before the enemy is a broad offense that encompasses several types of behavior, when conducted in the presence of enemy forces.

Read more . . .

Friday, June 28, 2019

Are Military Veterans Subject to the Uniform Code of Military Justice if Their Alleged Crimes Are Committed After They Have Retired?

When individuals have retired from their service with the military there is often a sense of pride and a belief that they are now free from military laws, such as the Uniform Code of Military Justice (“UCMJ”), that they had previously been subject to. However, what many retired military members may not realize, is they are still subject to court-martial under the UCMJ instead of civilian courts – even if the alleged crimes were committed after they retired.

Recent Precedent

Two marines have recently filed separate petitions with the U.
Read more . . .

Friday, June 21, 2019

What is the General Court-Martial?

Those who serve in the military (the Army, Navy, Marine Corps, and Coast Guard) are subject to the Uniform Code of Military Justice and are to be tried via court martial.

There are three different levels of courts-martial. As far as military courts are concerned, while a summary court-martial is for minor offenses, the general court martial is the most serious.
Read more . . .

Wednesday, May 29, 2019

What Can I do if I’ve Received an Other Than Honorable Discharge?

You have worked hard to find yourself in a branch of the United States military. You have been willing to fight and even die for your country. You likely have sacrificed a lot in the process. When you have received an “Other Than Honorable” or “OTH” discharge from the military, it causes significant loss of benefits and may hinder your civilian life including employment and medical benefits going forward. So what are your options; what can you do?

Receiving VA Benefits After You Have Been Discharged

Generally speaking, in order to receive VA benefits and other services, a veteran must have been discharged under honorable conditions.
Read more . . .

Monday, May 13, 2019

You’ve Failed a Military Drug Test: Now What?

To ensure that all of our military members are in the best condition for fighting (not to mention for representing our country), each branch of the military employs a drug-testing program in the form of a urinalysis. This active testing helps to deter members of the military from engaging in any controlled substance activity. All told, the military tests a whopping 60,000 urine samples each month. 

What Might You Stand to Lose?

Those who test positive will generally receive great disciplinary or administrative action against them, including court-martial. Each branch of the military has a “zero tolerance” policy when it comes to drug use of its members.
Read more . . .

Friday, April 19, 2019

What are the minimum mandatory sentences for sexual assault convictions?

While it is obviously upsetting to be charged with any crime in the military, certain charges can be more frightening to face than others—like charges that subject a service member to dismissal or discharge or confinement. 

If you are facing charges of sexual assault in the military, it’s imperative that you have a skilled civilian court-martial defense attorney on your side. This is important because a conviction for sexual assault offenses carries a mandatory minimum sentence which, at the least, includes dismissal or dishonorable discharge.

Read more . . .

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