13

Jan

I’ve Been Titled: What Next?

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 informati...

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13

Jan

Understanding Article 117a, UCMJ - The Military's “Revenge Porn” Prohibition

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 servicemembe...

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Category: Punitive Articles


13

Jan

Understanding Article 128, UCMJ – Assault

Assault & BatteryAssault 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. Articl...

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Category: Punitive Articles


13

Jan

Understanding Article 134, UCMJ – Extramarital Sexual Conduct

People are often surprised to learn that extramarital sexual conduct, which includes “adultery”, is a crime in the military. While this military-specific offense might seem harmless enough to civilians, the military takes such conduct very seriously. Service members convicted of ...

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Category: Punitive Articles


13

Jan

3M Combat Arms Earplugs Lawsuit

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 e...

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13

Jan

Understanding Article 119, UCMJ – Manslaughter

Manslaughter is among the most serious UCMJ offenses. It’s a crime that everyone has heard of but only a few understand the legal definition. So what’s the difference between voluntary and involuntary manslaughter? What are the possible punishments? And, most importantly, how do ...

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Category: Punitive Articles


13

Jan

Understanding Article 86, UCMJ – AWOL

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 include...

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Category: Punitive Articles


13

Jan

Understanding Article 118, UCMJ – Murder

Murder is one of the most serious charges a person–military or civilian–can face. While people often think that murder is limited to only premeditated killings, that’s not always the case in the military. So what are the different types of murder under the Uniform Code of Militar...

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Category: Punitive Articles


13

Jan

Military Separation Boards: An Overview

Many circumstances can trigger a service member’s discharge from the Armed Forces. While most of the time this will simply be the end of an enlistment contract, there are other situations where a service member’s military career is cut short due to allegations of misconduct or su...

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13

Jan

Understanding Article 112a – Wrongful use, possession, etc of controlled substances

The United States military has a zero-tolerance policy when it comes to illegal drugs. Under Article 112a of the Uniform Code of Military Justice (UCMJ), anyone who wrongfully possesses, uses, manufactures, imports, or distributes certain controlled substances can be court-martia...

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Category: Punitive Articles


13

Jan

Understanding Special Courts-Martial

In the U. S. military justice system, the purpose of a special court-martial is to address charges that are not severe enough to warrant a general court-martial but are too serious for a summary court-martial. These non-capital offenses are generally equivalent to a misdemeanor in...

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Category: Courts-Martial


13

Jan

Military Law: The “Short Martial”

Until now, servicemembers could have expected their commanding officer to offer non-judicial punishment, or Article 15, if their commanding officer suspected them of UCMJ violations. However, starting in January 2019, the process will change. The 2017 National Defense Authorizati...

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Category: Courts-Martial