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Commander’s Options

A wide spectrum of options for disposing of criminal allegations is available to Commanding Officers/Generals. During the initial investigative stages, a Commanding Officer/General must weigh the seriousness of the misconduct with other factors, such as:

  • military character of the accused
  • length of service of the accused
  • inconvenience to the command
  • military necessity
  • operational tempo
  • the good order and discipline of the unit

For example, the Commanding Officer/General may decide not to prefer charges because the alleged misconduct is not overly serious and would be disproportionately disruptive to the command.

Typically, a Commanding Officer/General has four options when disposing alleged misconduct:

  1. Court-martial (e.g., general court-martial, special court-martial);
  2. Administrative hearing (e.g., Article 15, summary court-martial, discharge board);
  3. Formal counseling placed in the service record book of the accused;
  4. No action at all, if the allegations seem warrantless.

Contact our military lawyers today to get help.

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Our Battles Won

Results Matter. When your career, reputation, and freedom are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, the attorneys at MJA know how to fight and win. Our results speak for themselves.

  • "NOT GUILTY" "NOT GUILTY"

    Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.

  • "NO BASIS"

    Joint Base Pearl Harbor-Hickman, Hawaii. Administrative Discharge Board Finds “No Basis” for Alleged Senior Leader Misconduct.

  • "NOT GUILTY" Fort Cavazos, Texas

    Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.

  • "NOT GUILTY" Parris Island, South Carolina

    Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.

  • "NOT GUILTY" "NOT GUILTY"

    Kings Bay, Georgia. Navy Master-at-Arms Found Not Guilty of Unholstering Firearm and Pointing it at Another Sailor.

  • "NOT GUILTY" "NOT GUILTY"

    Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.

When Your Career Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

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