Although sexual harassment and assault are not permitted in the military, are victims who come forward protected? A recent service member’s story may raise concerns.
UCMJ protocol doesn't necessarily end after an initial investigation. In the case of Sergeant Bergdahl, he faces a general court martial even though an investigation recommended that he face no jail time and even though an Article 32, UCMJ, investigation recommended that he be tried in a Special Court-Martial.
The Department of the Army provides an online resource, outlining the procedural rights of a service member who is subject to an investigation under Article 32 of the Uniform Code of Military Justice. Although this type of military proceeding is sometimes compared to a grand jury, it is important to understand certain differences.
In a recent blog post, we discussed proposed Congressional changes to the UCMJ, primarily to provide for more transparency in cases involving sexual assault.
Failure to report for duty carries serious penalties for military personnel. This is a category that includes three related offenses: absence without leave (AWOL), desertion, and missing movement. While related, these offenses have different definitions and involve different penalties. This article will define these terms and the penalties military personnel face for these three offenses.
Individuals that want to serve their country but have other personal circumstances, such as family or work obligations, might opt for the Reserves or the Army National Guard. The enlistment and training schedule may only involve weekends and a few weeks during the year.
Despite similarities, a military job is different from a civilian one because of the chain of command. Refusing orders may subject a service member to adverse consequences.
In civil law, a misdemeanor is not the end of the world. For example, many types of traffic violations are classified as misdemeanors, and a speeding violation or running a red light may involve little more than paying the ticket.