Your Rank Can be Restored to Higher Rank If you Were Medically Retired and had an OGD
Did you Retire from the USAF with a Disability Retirement AND Retire at a Lower Grade after an Officer Grade Determination? If YES, then Your Rank can be restored to the Higher Grade Recently, USAF officials determined that Air Force members in past years had...
I was Discharged from the military 20 years ago–Can I change my military discharge? And other Frequently Asked Questions
It is an honor to help fellow veterans who are facing difficulties in their lives and don’t know who to turn to for answers. While I enjoy answering questions on an individual basis, I’d like to share some of common questions as you may have the same questions. ...
Why it’s a Bad Idea to be Your Own Lawyer
You may have heard of the saying “He who represents himself has a fool for a client.” There is a lot of truth to this statement. My practice gives me an awesome opportunity to help military members and veterans. They have all experienced a bump in the road, many...
Military Law Matters Podcast
Upgrading your Military Discharge - 10 Things You Need to Know. It is possible to upgrade your discharge characterization on your DD 214. Upgrading your discharge refers to upgrade of discharge, change of the reason for your discharge and change of re-enlistment...
Why You Should Protect Your Phone with a Passcode
In August 2017, the United States Court of Appeals for the Armed Forces (CAAF) held in US v. Mitchell that when law enforcement asked a suspect Sergeant (Sgt) Mitchell to enter his phone's passcode in the absence of counsel, the Government violated his Fifth Amendment...
You Can’t Fight Injustice if you don’t know the Rules: DoD’s New Clarifying Guidance for VETERANS on Modifying your Discharge
New Guidance for Discharges Based on Post Traumatic Stress Disorder (PTSD); Traumatic Brain Injury (TBI); sexual assault; or sexual harassment New guidance from the Office of the Under Secretary of Defense for Personnel and Readiness, dated 25 August 2017 clarifies...
Crimes are Never Black and White—The Case of the Ready Room
I remember the case like it was yesterday--23 years ago. A Non-commissioned officer (NCO) walked into my office with an Article 15 (nonjudicial punishment) in hand. His crime: Larceny of a doormat. You are wondering why an NCO would steal a doormat. According to...
A Confession does not mean you should plead Guilty: Why pleading Not Guilty (even if you confessed) at a court-martial may help your case
I recall very vividly when I first became a military defense counsel---literally the best job any judge advocate (JAG) can have in the military. You run your own office, have the honor of helping military members who are facing courts-martial or other disciplinary...
The Military Caused the Error or Injustice: That’s why it will Correct the Black Mark in your official records
If you have bad paper in your official military records, you can ask your service to remove the record, correct the record or take other action that you desire. Each branch of service has a board that reviews applications by active duty, reserve and former service...
Unlawful Command Influence – Why it’s Bad
Commanders may communicate policies in order to maintain good order and discipline. However, they may not make statements to subordinates as to the result they expect in various types of case. For example, the commander may not proclaim that all drug use allegations...