News

As the Army begins to downsize and drawdown, Soldiers with “bad paper” are at risk for elimination and separation. During the buildup, the Army needed a larger force to sustain two operational campaigns. However, after budget battles throughout the government and the staged withdrawal from these campaigns, the Army is working under a smaller budget and must find a way to cut costs. This has been seen in both the reorganization of Army bases and the downsizing of the force.

Anyone that has been at Fort Bragg, NC these days has seen the effects of Base Realignment and Closure (BRAC). Fort Bragg’s population has surged and a large number of this population is at risk for elimination or separation from the Army.

When the Army needed Soldiers downrange, documents filed in the restricted portion of a Soldier’s Official Military Performance File (OMPF) had little effect on that Soldier’s career. This fact had Soldiers who faced adverse action enter into negotiations to have documents placed in their restricted file, with the understanding that they could finish out there careers. With that understanding, these Soldiers, their commanders and the JAG officers advising them, used the restricted file as a way to implement punishment without adversely affecting the Soldiers careers in the long run. This process continued and Soldiers continued to deploy year after year and their Families continued to make sacrifices, believing that they were going to be allowed to Soldier on until retirement. Unfortunately, the Army no longer needs a large amount of Soldiers to maintain the operational tempo of the past, so this understanding is no longer valid and the Army is now using “bad paper” filed in the past, as a basis for elimination and separation.

If you have been given notice that you must “show cause” to stay in the Army or that you are being separated from the Army, you need to speak with an experienced attorney. The Center for Military Law L.L.C. is prepared to represent U.S. Military men and women in a variety of military law actions worldwide. We are skilled in handling criminal, administrative, and tort actions. If you think you may need an attorney for any of these types of actions and wish to speak with an attorney for a FREE CONSULTATION, call (844) FOR-CFML (367-2365) or visit our website at www.centerformilitarylaw.com. You may also set up an appointment to meet at our downtown Fayetteville office, located just outside of Fort Bragg, NC.

Bruce Tyler has been in military law for over 8 years and has served in the US Army as a Claims Attorney, Trial Council, Group Judge Advocate, and Brigade Judge Advocate.

There are new changes to the Article 32 Pretrial Investigation process for Courts-Martial. If you are pending charges at a General Court-Martial, it is important you speak with an experienced attorney to help guide you through these changes.

The changes are significant and may have an effect on the outcome of your trial, so you want to ensure you have an experienced attorney accounting for those changes in your defense strategy.

The Center for Military Law L.L.C. is prepared to represent U.S. Military men and women in a variety of military law actions worldwide.  We are skilled in handling criminal, administrative, and tort actions.  If you think you may need an attorney for any of these types of actions and wish to speak with an attorney for a FREE CONSULTATION, call (844) FOR-CFML (367-2365) or visit our website at www.centerformilitarylaw.com.

Below is the distributed executive summary of changes. 

Executive Summary of 2014 Amendments to the Manual for Courts-Martial  

Generally.  The 2014 Amendments to the Manual for Courts-Martial implement six changes to military justice practice.  First, amendments to Rules for Courts-Martial 405 and 703 implement a provision of the National Defense Authorization Act for Fiscal Year 2012 by prescribing rules for issuing subpoenas duces tecum to obtain evidence for pretrial investigations.  Second, the amendment to Rule for Courts-Martial 405(i) requires investigating officers at pretrial investigation hearings to use the same procedures to protect sexual assault victim witnesses from improper questioning as military judges use at courts-martial.  Third, amendments to Rules for Courts-Martial 1103 and 1104 implement a provision of the National Defense Authorization Act for Fiscal Year 2012 requiring that in sex offense cases, a copy of the record of trial be given to any victim who testified at trial.  Fourth, amendments to Rules for Courts-Martial 1105, 1106, 1107, and 1306  implement a provision in the National Defense Authorization Act for Fiscal Year 2014 by establishing procedures for victims to submit matters to the convening authority before he or she acts on the court-martial’s findings and sentence.  Fifth, amendments to Rule for Courts-Martial 1107 and its analysis implement a provision in the National Defense Authorization Act for Fiscal Year 2014 by prohibiting the convening authority, when acting on a case, from considering any matter relating to a victim’s character that was not admitted into evidence at trial.  Sixth, the amendment to Rule for Courts-Martial 306’s discussion implements a provision in the National Defense Authorization Act for Fiscal Year 2014 by deleting references to the accused’s character and military service as factors a commander should consider when disposing of charges.

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