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Denver, CO Martial Law Blog

Friday, November 8, 2019

Air Force Cadets on the Football Team Face Cocaine Charges


This fall, three senior cadets on the Air Force Academy’s football team have been accused of using cocaine. The players have all been kicked off the team, and face drug charges in the military justice system. 

Seniors Cole Fagan, Joseph Saucier, and Kyler Ehm were expected to be standout members of the Academy’s 2019 football team.
Read more . . .


Tuesday, November 5, 2019

Study Finds Minorities More Likely to Face Court-Martial


According to a report earlier this year by the Government Accountability Office, racial disparity is not limited to just the civilian justice system, and racial bias, unfortunately, remains alive and well.  The study found that people of color, such as Blacks and Hispanics, were more likely than their white counterparts to end up in front of a general court-martial. 

Despite being considered as one of the U.S.’s greatest examples of racial equity, it appears that the military is no different than the rest of the population.
Read more . . .


Monday, October 7, 2019

Jackie Robinson Court Martialed for Fighting Racism


Although he is best known as the baseball player who broke the color barrier, Jackie Robinson was also a soldier. He served as a 2nd Lieutenant in the Army during WWII. While stationed at Ft. Hood, Robinson had an altercation with a bus driver that lead to a Read more . . .


Wednesday, October 2, 2019

Why Does The Military Have Its Own Court System?


We get asked this question a lot. The easiest way to answer it is to imagine would it would be like if the military justice system did not exist. 

Imagine you are on active duty, serving overseas, and someone accuses you of sexual assault.
Read more . . .


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 . . .


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