Defending Those Who Defend Us®
  • Have you ever wanted to remove derogatory material from your official military record, request a medal to which you are entitled but were never awarded, or ask for a different discharge characterization of service or reenlistment code? If so, there is good news!  Each service branch maintains a Board for Correction of Military/Naval Records, Read More

    MJA is proud to announce a recent victory at the Board for Correction of Naval Records (BCNR). Our client, a former enlisted Sailor who was discharged from the Navy in 1987 for a pattern of misconduct, spent over 30 years with an other than honorable (OTH) characterization of service on his record. After repeatedly, Read More

    Being titled in the military is as simple as being placed in the subject block of a CID, OSI, or NCIS report of investigation. When an investigation begins, the investigator on the case only needs to develop credible information that a person committed a crime. Credible information can be as little as an alleged, Read More

    On December 20, 2019, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2020 which permits active duty military personnel or their authorized representative to file claims for death or personal injuries caused by the medical malpractice of a Department of Defense heath care provider. Service members have historically been, Read More

    Article 117a, UCMJ, colloquially referred to as the UCMJ’s “revenge porn” article, criminalizes the wrongful broadcast or distribution of intimate visual images. Article 117a was codified in response to the 2017 “Marines United” scandal in which nude images of female servicemembers and civilians were posted on Facebook by military members. Elements To be punishable, Read More

    Extramarital sexual conduct, which includes “adultery”, is illegal for members of the armed forces in certain circumstances. To be punishable under the UCMJ, the Government must prove three elements: That the accused wrongfully engaged in extramarital conduct with a certain person; That, at the time, the accused knew that the accused or the other, Read More

    Assault & Battery Assault and battery are closely related, but they are not quite the same. The distinction is usually whether contact occurs. One can commit an assault without committing a battery; however, one cannot commit a battery without also committing an assault. Article 128 of the UCMJ deals with assault and battery. For, Read More

    From 2002 to 2016, the U.S. Department of Defense contracted with 3M, a Minnesota company, to manufacture and supply ear plugs for servicemembers. The ear plugs 3M provided were called the Dual Ended Combat Arms Earplugs (CAEv2) and were provided as standard issue to members of every branch. The ear plugs were supposed to, Read More

    Absence Without Leave (AWOL) There are multiple punitive articles that deal with military members who leave their place of duty without authorization. Several articles deal with specific instances of unauthorized absence. For example, Article 85 deals with Desertion, which includes such conduct as leaving a place of duty without authority and with the intent, Read More

    Types of Manslaughter There are two types of manslaughter under the UCMJ: voluntary and involuntary.  Voluntary manslaughter occurs when a person is unlawfully killed “in the heat of sudden passion caused by adequate provocation.”  Involuntary manslaughter is when a death results from “culpable negligence” or occurs during the commission of certain offenses.  The elements, Read More