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Article 120a is a largely unknown article of the Uniform Code of Military Justice (UCMJ) that criminalizes using the mail to send obscene materials. While we live in a digital age in which information is easily transmitted electronically, it is still a crime in the military to knowingly deposit or cause someone else to deposit in the mail certain inappropriate material. The consequences for doing so can be serious and life-changing.

When your military career, future, and freedom are on the line, you need an experienced law firm in your corner. The attorneys at MJA have decades of experience and have defended service members charged with some of the most serious offenses under the UCMJ. Contact one of our military defense lawyers today to learn more.

What is considered obscene under Article 120a, UCMJ?

To be guilty of violating Article 120a, UCMJ, the Government must prove three elements:

1. That the accused deposited or caused to be deposited in the mails certain matter for mailing and delivery;

2. That the act was done wrongfully and knowingly; and

3. That the matter was obscene.

Let’s break down the important definitions from those elements.

The most important definition to understand is the meaning of “obscene” material. Courts define “obscene” as that “form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations. Article 120a explains that whether something is obscene is a question of fact for the judge or jury to decide.

In addition to being of a sexually impure and deviant nature, the matter must violate community standards of decency or obscenity and must go beyond customary limits of expression. The community standards of decency or obscenity are to be judged according to a reasonable person in the military community as a whole, rather than the most prudish or the most tolerant members of the military community.

Finally, to prove a violation of Article 120a the government must show that the person’s actions were knowing and wrongful. “Knowingly” simply means the person deposited the material with knowledge of its nature. In other words, if a person mailed a package and reasonably believed that the contents of the package did not contain any obscene material, that could be a defense at trial. Knowingly depositing obscene matter in the mails is “wrongful” if it is done without legal justification or authorization.

Mailing Obscene Matter is a "Covered Offense"

The offense of mailing obscene matter has become even more serious in recent years given that it is now considered a “covered offense” under the UCMJ and will be reviewed by the Office of Special Trial Counsel (OSTC). Established by the FY22 National Defense Authorization Act (NDAA), the OSTC is composed of specially trained military prosecutors who handle only serious criminal offenses. The OSTC has the authority to prosecute the following “covered offenses”:

• Article 117a, Wrongful Broadcast or Distribution of Intimate Visual Images
• Article 118, Murder
• Article 119, Manslaughter
• Article 119a, Death or Injury of an Unborn Child
• Article 120, Rape and Sexual Assault
• Article 120a, Mail, Deposit of Obscene Matter
• Article 120b, Rape and Sexual Assault of a Child
• Article 120c, Other Sexual Misconduct
• Article 125, Kidnapping
• Article 128b, Domestic Violence
• Article 130, Stalking
• Article 132, Retaliation
• Article 134, Child Pornography
• A conspiracy, solicitation, or attempt to commit a covered offense is also a covered offense.

The OSTC took effect on 27 December 2023 and now has jurisdiction with respect to covered offenses that occur after that date. When going up against the best prosecutors in the Department of Defense, service members facing court-martial need to have the very best legal defense representation.

Maximum Punishment

Mailing obscene materials is considered a Category 2 offense under the UCMJ that carries anywhere from 1-36 months of confinement, along with the possibility for a dishonorable discharge and total forfeitures of all pay and allowances.

Protect Your Freedom and Your Military Future

When your career, freedom, and future are on the line, you need an experienced law firm in your corner that will zealously fight for you. MJA has defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ and will ensure that every avenue of defense is aggressively pursued on your behalf.

Here are some of the advantages of choosing our firm:

• Legal Expertise: When you hire us, you benefit from our extensive legal expertise and experience in military law. Our lawyers have in-depth knowledge of the Uniform Code of Military Justice (UCMJ) and understand the complexities of military court-martial proceedings.
• Strategic Guidance: We provide strategic guidance tailored to your specific case. Our lawyers assess the details of your situation, identify potential legal defenses, and develop a customized defense strategy aimed at achieving the best possible outcome.
• Protecting Your Rights: As your legal representatives, we are dedicated to protecting your rights throughout the legal process. We ensure that you receive fair treatment and due process under military law, advocating on your behalf at every stage of the proceedings.
• Navigating Complex Procedures: Military court-martials involve complex procedures and rules that can be difficult to navigate without legal assistance. We guide you through the entire process, from pre-trial investigations to courtroom proceedings, ensuring that you understand your rights and obligations every step of the way.
• Evidence Gathering and Presentation: Our firm is skilled in gathering and presenting evidence to support your case effectively. We work diligently to uncover exculpatory evidence, challenge the prosecution's case, and present compelling arguments in your defense.
• Negotiating Plea Deals: In some cases, negotiating a plea deal may be the most advantageous option for minimizing the potential consequences of a conviction. We have experience negotiating with military prosecutors to secure favorable plea agreements when appropriate.
• Courtroom Representation: If your case goes to trial, our lawyers provide strong and effective courtroom representation. We are skilled litigators who advocate zealously for your interests, presenting your case persuasively to the court-martial panel or judge.
• Minimizing Penalties: If you are convicted of a military offense, our goal is to minimize the penalties you face. We work tirelessly to secure leniency in sentencing and explore options for rehabilitation, mitigating the impact of the conviction on your military career and future prospects.
• Emotional Support: Dealing with legal proceedings can be emotionally challenging, especially in cases involving serious allegations. We offer compassionate support and guidance throughout the process, helping you navigate the emotional aspects of your situation with empathy and understanding.
• Peace of Mind: By hiring us as your legal representatives, you can have peace of mind knowing that you have a dedicated team of professionals fighting for your rights and working toward the best possible outcome in your case. We are committed to providing you with the highest level of representation and support during this difficult time.

Call MJA today for a consultation. 

On September 30, 2025, Secretary of War Pete Hegseth announced a series of new directives aimed at strengthening military readiness and supporting U.S. warfighters as they train to fight and decisively win our nation’s battles. The new directives include changes to how the military handles allegations of discrimination and harassment within its ranks.

The recent changes were announced in a meeting with the nation’s most senior military officers during which Secretary Hegseth criticized “politically correct” policies that encouraged frivolous and anonymous complaints and placed service members in “legal limbo”, sidelining careers and detracting from mission accomplishment. Secretary of War Hegseth’s policies are sure to shake things up and provided greater protection against false and frivolous complaints.

Overview of the Secretary’s Reform Plan

On September 30, 2025, Secretary of War Pete Hegseth directed the Under Secretary of War for Personnel and Readiness (USW(P&R)) to “implement key reforms across the Department’s MEO and EEO programs to optimize organizational effectiveness, ensure readiness, and prevent abuse of process.” The directive was preceded by a comprehensive review of the Department of War’s MEO and EEO programs that occurred earlier this year.

Under the new directive, the Secretaries of the Military Departments are required to make changes regarding the handling of MEO/EEO complaints, the impact such complaints have on service members, and how commands can deal with false or frivolous complaints. At a minimum, the reforms must ensure that:

• Complaints are promptly (within 30 days) addressed and dismissed if they lack actionable, credible evidence;

• Favorable personnel actions such as awards, promotions, and retirements, involving alleged offenders are only withheld where a preliminary or subsequent investigation indicates that the complaint is likely to be substantiated; and

• Those who knowingly submit false complaints and repeatedly submit frivolous complaints are held accountable, pursuant to applicable laws and regulations.

Military Equal Opportunity (MEO) Reforms

While the MEO and EEO programs are important for preventing and responding to incidents of discrimination and harassment, there have long been concerns of the programs being weaponized to avoid accountability for poor performance or target unpopular leaders.

To combat these concerns, the reforms will replace the current anonymous reporting system with a confidential complaint reporting option to MEO Professionals. The new program will also provide mediation as a “first-line alternative” to filing a formal MEO Complaint. This is huge. Mediation will foster early conflict resolution and reduce the administrative burdens placed on service members and commands with lengthy investigations.

Under the new reforms, MEO complaints that lack sufficient merit to trigger an investigation will be systematically dismissed, and unsubstantiated complaints will be closed within 7 business days. To reinforce the integrity of the MEO complaint process, commanders will retain the right to prosecute false complainants for a violation of Article 107, UCMJ.

Equal Employment Opportunity (EEO) Reforms

Secretary Hegseth’s directive also implements a number of changes to the EEO program. This includes:

• Centralizing EEO Program Organization and Operations to ensure consistent application and timely resolution of complaints;

• Expediting Senior Official EEO Cases to avoid the indefinite suspension of careers for allegations affecting general/flag officers and senior executives;

• Centralizing EEO Investigations to increase oversight and standardize policy implementation;

• Dismissing EEO Complaints when the complainant fails to provide relevant information or documentation upon request; and

• Establishing Compliance Measures to Track EEO Reform Actions.

Defending Against MEO and EEO Complaints

While these changes are certainly a huge step in the right direction, the new reforms are not a guarantee to prevent false or frivolous MEO and EEO complaints.

Service members facing a complaint must understand that the decisions they make while under investigation—and what they choose to say or not say—will directly impact their likelihood for success. Here are three fundamental rights you can, and should, invoke:

Right to counsel. Service members suspected of violating the UCMJ, which includes alleged violations of military MEO and EEO policies, have the absolute right to consult with an attorney, military or civilian, before waiving their rights. It is crucial to consult with an attorney if you are suspected of an offense. Remember that no matter the specific legal circumstances you are facing, you are entitled to legal counsel and should utilize it.

Based on the circumstances of your case, an attorney may be able to identify a defense to the allegations. Some of the most common defenses include:

• False accusations or accusations with ulterior motives;
• Lack of evidence;
• Reasonable mistake of fact;
• Failure of due process;
• Alibi;
• Entrapment or coercion;
• Expired statute of limitations for prosecution; or
• Mistaken identity.

Right to remain silent. Service members have an absolute right to remain silent if questioned about a suspected UCMJ violation. Providing a statement to law enforcement almost never helps and may result in additional charges. If the statement you make is different from that of the alleged victim, you may be charged with making a false official statement or obstructing justice. “Cooperating” with law enforcement won’t prevent the military from taking adverse action against you–it just makes the government’s case stronger.

Right to refuse consent. There is also no obligation to consent to any search or seizure of your person or property. If investigators have probable cause to believe that there is evidence of a crime in a certain location, they must obtain an authorization from your commander before conducting a search. Absent probable cause, the only way law enforcement can search or seize your property is with your consent. Providing consent gives law enforcement the right to search your phone, vehicle, residence, or person for evidence which they intend to use against you. Don’t be fooled.

Protect Your Freedom and Your Military Future

When your military career, future, and freedom are on the line, you need an experienced law firm in your corner. The attorneys at MJA have decades of experience and have defended service members charged with some of the most serious offenses under the UCMJ, including allegations of discrimination and harassment. Contact one of our military defense lawyers today to learn more.

September 15, 2025 – Press Release

MJA is pleased to welcome Amy N. Thomas to the firm’s military and administrative law practices. Thomas brings over two decades of distinguished military legal experience and federal employment law expertise to MJA. A retired Lieutenant Colonel in the United States Marine Corps, Thomas combines exceptional trial advocacy skills with deep administrative law knowledge and strategic command-level legal counsel experience.

“We could not be more pleased that Amy has joined the firm,” said Gerald Healy, founding partner and owner of MJA. “Amy’s broad military experience and expertise in federal employment litigation will make her an invaluable asset to our clients and to our administrative and military law practices.”

Before joining MJA, Thomas served 22 years in the Marine Corps, culminating her military career as Deputy Staff Judge Advocate at Marine Forces Reserve, where she provided comprehensive legal guidance to a three-star command across all aspects of military law. In this senior leadership role, she advised command leadership on complex legal matters affecting reserve operations and military personnel across multiple installations around the US and worldwide.

Throughout her military tenure, Thomas developed extensive trial experience serving as both government counsel and defense counsel in federal criminal proceedings. Her courtroom advocacy encompasses a broad spectrum of federal criminal matters, demonstrating her versatility and deep understanding of both prosecution and defense strategies.

Thomas also possesses comprehensive experience in military administrative law, having handled numerous enlisted administrative separation boards and officer boards of inquiry. This background provides her with unique insight into personnel matters, due process requirements, and administrative adjudication procedures that will translate effectively across a civilian military law practice.

Most recently, Thomas served as a labor and employment attorney with the Defense Health Agency, where she led the DHA Office of General Counsel Investigation’s Cell. In this role, she was primarily responsible for investigating allegations of employee misconduct and recommending appropriate adjudicatory measures to DHA leadership. This position required sophisticated analysis of employment law issues, investigative methodology, and strategic recommendations for complex personnel matters.

Thomas earned her Juris Doctor from Louisiana State University School of Law in 2005 and subsequently obtained a Master’s in Jurisprudence in Labor and Employment Law (MJ-LEL) from Tulane University School of Law in May 2022. She is admitted to practice in the state of Louisiana.

Unlawful Command Influence (UCI) is often referred to as the “mortal enemy of military justice”—and for good reason. When a commander crosses the line between leadership and interference, the fairness of the entire legal process is at risk. For active-duty service members facing court-martial or administrative action, the presence of UCI can mean the difference between justice served and rights violated.

At Military Justice Attorneys, we know how military justice is supposed to work—and we recognize the signs when it doesn’t. Our veteran attorneys have defended service members across all branches of the armed forces. We’ve seen firsthand how command pressure can taint investigations, influence decisions, and damage careers.

What Is Unlawful Command Influence?

Under Article 37 of the Uniform Code of Military Justice (UCMJ), it is unlawful for a commanding officer to use their authority to directly or indirectly influence the outcome of a military judicial proceeding. This includes pressuring subordinates to:

• Reach a certain verdict at a court-martial
• Prefer charges without a sufficient basis
• Recommend a specific punishment
• Deny clemency or parole
• Avoid granting immunity or witness access to the defense

UCI undermines the core values of the military justice system: fairness, due process, and impartiality. Even the appearance of influence can be enough to trigger a UCI challenge and possibly derail a case.

Real-World Examples of UCI

Unlawful Command Influence is not just a theoretical concern—it has been the basis for numerous overturned convictions and judicial inquiries. In recent years, there have been high-profile cases where general officers made comments that appeared to sway the outcome of sexual assault trials—causing serious concerns, legal appeals, and even mistrials. One example is United States v. Barry, where a Navy rear admiral made inappropriate comments to the general court-martial convening authority reviewing the case, resulting in UCI. As a result, the CAAF set aside the findings and sentence and dismissed the charge with prejudice. 

How Does UCI Affect a Case?

If UCI is proven or even credibly alleged, the government must show beyond a reasonable doubt that the proceedings were not tainted. This is a high burden. When they fail, it can result in:

• Dismissal of charges
• Reversal of convictions on appeal
• Suppression of evidence
• Reassignment of military judges or panel members

For service members, that means a second chance at a fair trial or dismissal of the case altogether.

What to Do If You Suspect UCI

If you believe that command influence has affected your case or investigation, speaking with an experienced military defense attorney is essential. Some signs of UCI include:

• Unusual pressure to accept nonjudicial punishment
• Commanders publicly expressing desired outcomes
• Denied access to witnesses or evidence
• An unusually fast track from investigation to court-martial

The earlier your legal team can raise the issue, the better your rights will be protected.

Why Legal Experience Matters

Proving UCI requires more than a gut feeling—it requires a detailed understanding of military law, procedure, and command structure. At Military Justice Attorneys, we’ve represented active-duty service members at every stage of the military justice process. We know how to investigate allegations of UCI, build strong legal defenses, and demand accountability when command oversteps its role.

We’re not intimidated by rank and won’t back down when your rights are on the line.

Protect Your Future. Defend Your Rights.

Unlawful Command Influence can threaten the fairness of your case, but it doesn’t have to decide the outcome. If you’re facing a court-martial or believe command interference is compromising your defense, contact Military Justice Attorneys. We’ll evaluate your case, identify potential UCI issues, and fight to protect your constitutional and statutory rights.

You serve your country with honor. We’re here to serve you with the same commitment.

If you received a discharge characterization that doesn’t reflect your service or circumstances, you’re not alone or without options. Whether you were discharged with a General, Other Than Honorable (OTH), or Bad Conduct Discharge, there is a path toward restoring your record and reputation. At Military Justice Attorneys, we help service members and veterans fight for the recognition they deserve by pursuing discharge upgrades through the appropriate military review boards.

Why Your Discharge Status Matters

Your discharge characterization can significantly impact your life after the military. It affects your access to VA benefits, GI Bill eligibility, healthcare, employment opportunities, and reputation. A less-than-Honorable discharge can follow you for years, even if it resulted from a minor incident or an unfair decision. That’s why a discharge upgrade is worth exploring.

Who Can Request a Discharge Upgrade?

Anyone separated from the military with a characterization less than “Honorable” may request an upgrade. This includes individuals discharged with:

• General (Under Honorable Conditions)
• Other Than Honorable (OTH)
• Bad Conduct Discharge (issued by special court-martial)
• Dishonorable Discharge (issued by general court-martial)

However, it’s important to understand that Dishonorable and Bad Conduct discharges issued through a court-martial are extremely difficult to upgrade. In these cases, your application may require a successful appeal through the military appellate courts before requesting relief from a review board.

Where and How Do You Apply?

There are two main avenues for seeking a discharge upgrade:

1. Discharge Review Board (DRB) – This board reviews most discharge upgrade requests that do not involve a court-martial. You must submit your application within 15 years of separation. The DRB does not have the authority to change the underlying reason for discharge related to a court-martial conviction.
2. Board for Correction of Military Records (BCMR or BCNR) – This board reviews more complex cases, including those beyond the 15-year deadline or those involving court-martial convictions. It can also correct errors or injustices not handled by the DRB.

Both boards allow applicants to request a records review or a personal hearing (in-person or virtual) to present additional evidence and arguments.

What Are Your Chances of Success?

Every case is different, but success largely depends on the strength of your supporting evidence and the reasons for your request. To improve your chances, you’ll need to:

• Demonstrate “Propriety” or “Equity” – Show that the discharge was either factually or legally incorrect (improper), or that it was too harsh or inconsistent with current policies (inequitable).
• Provide Evidence of Post-Service Conduct – If applicable, showing rehabilitation, employment history, or community involvement can support your case.
• Highlight Policy Changes – In recent years, the DoD has issued guidance encouraging review boards to give “liberal consideration” to veterans who have PTSD, TBI, or related mental health conditions that may have contributed to misconduct.

At Military Justice Attorneys, we know how to build a compelling case based on the facts, service history, medical documentation, and legal standards. Our attorneys are veterans themselves, and we understand how these discharges affect real lives.

Why Legal Representation Matters

You only get one shot at making a first impression with the board. While it’s possible to apply independently, many applications are denied due to missing documentation, weak arguments, or failure to link the misconduct to mitigating factors. An experienced military attorney can help craft a persuasive narrative, gather the proper evidence, and present your case clearly and effectively.

Take the Next Step

If you believe your discharge status was unfair, unjust, or no longer reflects who you are today, don’t wait to explore your options. A discharge upgrade won’t erase the past, but can open doors to a better future.

Contact Military Justice Attorneys to schedule a confidential consultation and let us help you fight for the record—and the recognition—you deserve.

Understanding the UCMJ: Core Principles and Structure

Military deployments come with a unique kind of pressure. You’re expected to perform at your best, follow orders, and keep your head on straight—even in the most unpredictable environments. But when the stakes are high and stress runs even higher, mistakes can happen. And if they do, the Uniform Code of Military Justice (UCMJ) is the system that governs how those mistakes are handled.

Let’s break down how the UCMJ applies while deployed—and what you need to know if you’re facing accusations.

Key Articles of the UCMJ Relevant to Deployment

Some articles of the UCMJ come up more than others when you're in the field. Three in particular tend to carry the most weight: Article 15, Article 92, and Article 134.

Article 15 deals with non-judicial punishment. It’s a faster way for commanders to handle minor offenses without a full court-martial.
Article 92 covers failure to obey a lawful order or regulation—a big one when operational discipline is critical.
Article 134 is the catch-all for misconduct that isn’t covered elsewhere.

Violating any of these can trigger serious consequences: demotion, pay loss, or even a discharge. A non-judicial punishment might sound less severe, but it still leaves a mark on your record—and your future.

For deployed service members, knowing how these articles function in real-world situations is crucial. You may not have time to process what’s happening before action is taken. But that doesn’t mean you don’t have rights.

Know Your Rights Under the UCMJ

Even when you’re thousands of miles from home, you still have legal protections. Under the UCMJ, you have the right to remain silent, to be informed of the charges against you, and to call witnesses in your defense.

You also have the right to legal representation. That could mean working with a JAG attorney or bringing in a civilian defense lawyer—your call.

The sooner you connect with legal counsel, the better. Whether it's during the investigation phase or when you're presented with an Article 15, having someone who knows the system on your side makes a huge difference. Don’t wait until things spiral to get the help you need.

Navigating UCMJ Proceedings During Deployment

What Happens When You're Accused

If someone reports a violation, it kicks off a process that starts with an investigation. This could be something as small as a preliminary inquiry or as involved as a full-blown investigation depending on the situation.

Investigators gather evidence, talk to witnesses, and submit their findings. From there, your command decides what action—if any—will follow.

Now, being under investigation during deployment adds another layer of stress. Access to evidence or witnesses might be limited. You may be pulled away from duties to participate in interviews. It's not ideal—but the goal is to get the facts straight.

What to Know About Article 15 (NJP)

If you’re offered non-judicial punishment, you have a choice: accept it or demand a court-martial. That’s not a decision to make lightly. NJP can feel like the easier option, but it still carries penalties—extra duty, rank reduction, and pay loss are all on the table.

It can also follow you long after deployment ends. Commanders often lean on NJP in the field because it's quick and avoids dragging out disciplinary issues. But you still deserve time, support, and clarity before making any decisions.

Maintaining Discipline and Order During Deployment

Why Culture and Training Matter

It’s easy to think of UCMJ as just a list of rules, but enforcement is as much about culture as it is about code. Units that emphasize open communication, early conflict resolution, and consistent training tend to face fewer violations.

When you know what’s expected and feel supported, it’s easier to stay focused—and out of trouble. That’s why regular briefings and legal refreshers matter. They’re not just check-the-box tasks; they’re practical tools for avoiding real consequences.

Leadership Sets the Tone

Good leadership doesn’t just enforce the rules—it explains them, models them, and makes sure the whole team understands why they matter. When leaders handle discipline fairly and transparently, it reinforces trust throughout the ranks.

That trust pays off during deployment. Teams with strong leadership are better equipped to handle pressure, make decisions, and stay within the lines—even when things get messy.

Special Considerations for UCMJ During International Deployments

When Local Law and UCMJ Collide

Being overseas adds a twist: you’re not just accountable to the UCMJ—you’re also subject to the laws of the host country. That can create some confusing situations, especially if what’s allowed by UCMJ contradicts local rules.

Before you deploy, it’s worth brushing up on the host nation’s laws. And if you find yourself in legal hot water overseas, it’s critical to understand which jurisdiction is involved—and what your rights are.

Understanding SOFA Agreements

Status of Forces Agreements (SOFA) outline how U.S. military members interact with host nation legal systems. SOFAs cover everything from criminal jurisdiction to customs rules, and they vary depending on the country.

These agreements are designed to protect service members while respecting the sovereignty of the host nation. But they’re not a blanket shield. If you’re deployed, knowing the limits of SOFA protections can help you steer clear of unnecessary complications—and get support faster if something does happen.

Protect Your Career and Your Record—Even During Deployment

If you're facing a UCMJ investigation or Article 15 while deployed, it might feel like you're at a disadvantage. You’re dealing with mission stress, limited resources, and unfamiliar legal procedures. But you don’t have to face it alone.

Our team at Military Justice Attorneys has helped countless service members defend their careers and reputations in challenging environments—domestic and abroad. We understand the pressure you’re under, and we know how to fight for your rights.

Call (843) 773-5501 today to get support from experienced military defense counsel who understand your situation and can help you move forward with confidence.

The Servicemembers Civil Relief Act (SCRA) is a significant piece of legislation designed to protect active-duty military members from unfair financial and legal practices, including vehicle repossession. Despite these legal protections, some service members still face challenges when dealing with lenders and repossession agencies. Fortunately, the Department of Justice (DOJ) has consistently enforced SCRA provisions and reached favorable settlements for affected military members.

What Is the SCRA and How Does It Protect Against Vehicle Repossession?

The SCRA provides various legal and financial protections for active-duty service members, including safeguards against vehicle repossession. Under the SCRA, lenders cannot repossess a car without a court order if the loan was obtained before the service member entered active duty. This protection ensures that military members are not unfairly penalized for financial difficulties that arise due to their service commitments.

To legally repossess a vehicle, lenders must prove to a court that they followed SCRA regulations, including verifying whether the borrower is on active duty and obtaining the requisite court approval. Even in cases where the loan was obtained after enlistment, lenders must still comply with strict rules to ensure fairness.

DOJ Settlement Examples in Vehicle Repossession Cases

Over the years, the DOJ has stepped in to enforce SCRA protections and secure settlements for military personnel whose rights were violated. Here are a few notable examples of cases where the DOJ successfully intervened on behalf of service members:

1. Hyundai Capital America Case

In 2021, Hyundai Capital America was required to pay over $360,000 in damages after the DOJ determined it had illegally repossessed vehicles from service members without court orders. The company had failed to fully comply with SCRA requirements, and as a result, active-duty members were wrongfully deprived of their vehicles. The settlement offered compensation for affected individuals and reinforced the importance of SCRA compliance.

2. Westlake Services LLC Settlement

Westlake Services LLC and its subsidiary, Wilshire Consumer Credit, also faced legal action in a 2022 SCRA violation case. The DOJ found that Westlake had illegally repossessed vehicles from service members in at least 70 cases. The company ultimately agreed to compensate victims and implement new policies to prevent future violations.

3. Santander Consumer USA Agreement

The DOJ announced an agreement with Santander Consumer USA in a 2019 case involving the wrongful repossession of over 1,000 vehicles. Santander paid $9.35 million in settlements, highlighting the severity of the violations and the significant financial impact wrongful repossessions can have on military families.

These cases underscore how seriously the DOJ takes SCRA violations and the importance of lenders adhering to the law when dealing with service members.

How Does the SCRA Benefit Military Members?

SCRA protections against vehicle repossession are just one example of how the law is designed to safeguard military members' financial well-being. These protections serve several key purposes:

1. Preventing Financial Hardship

Active-duty service often requires service members to relocate frequently and manage deployments, making it difficult to keep up with financial obligations. By limiting lenders’ ability to repossess vehicles unfairly, the SCRA reduces the risk of financial hardship during periods of active duty.

2. Ensuring Fair Treatment by Lenders

The SCRA holds lenders accountable and requires them to act fairly when dealing with service members. This ensures that military personnel are not taken advantage of during their service to the nation.

3. Providing a Legal Avenue for Justice

When lenders violate SCRA protections, service members have a legal framework for recourse. DOJ settlements often include compensation for affected individuals, reinforcing the protections that the law is designed to provide.

4. Protecting Career Mobility

Losing a vehicle due to illegal repossession can disrupt a service member’s career and transportation needs. SCRA protections help safeguard against these disruptions, allowing them to fulfill their military duties without unnecessary stress.

What Should You Do If You Face Vehicle Repossession While on Active Duty?

If you are a service member facing vehicle repossession, taking immediate steps to protect your rights is essential. Here’s what to do:

1. Verify SCRA Coverage

Confirm whether your loan originated before or after entering active duty. If it was before, the repossession is almost certainly subject to SCRA protections.

2. Contact the Lender

Inform your lender of your active-duty status and remind them of their obligations under the SCRA.

3. Consult Legal Counsel

Contact an SCRA attorney to evaluate your situation and determine whether your rights have been violated.

4. Report to the DOJ

If you believe your lender has acted unlawfully, you can file a complaint with the DOJ's Service members and Veterans Initiative, which investigates SCRA violations.

Aggressive and Experienced Military Attorneys

If you or a loved one is facing an unlawful vehicle repossession while on active duty, you may have legal options under the SCRA. Military Justice Attorneys is dedicated to protecting the rights of service members and holding lenders accountable. Our experienced team can help you navigate SCRA protections and pursue the compensation and relief you deserve. Call (843) 773-5501 today for a free consultation.

Navigating the complexities of the Defense Base Act (DBA) can feel overwhelming, especially for military contractors and their families already managing the challenges of working overseas. If you’ve been injured while performing your duties under a government contract, you might wonder whether hiring a Defense Base Act attorney is right.

What Is the Defense Base Act?

The Defense Base Act is a federal workers’ compensation program designed to protect civilian workers and contractors employed by U.S. government contractors overseas. This includes those working on military bases, public works projects, or security services for U.S. interests abroad. The DBA provides compensation for medical expenses, lost wages, and disability benefits for workers injured or killed on the job.

While the coverage sounds straightforward, applying for and securing DBA benefits can be daunting, particularly if your claim or request for medical coverage is denied or contested. That’s where a knowledgeable attorney can step in to assist.

Why Hiring a Defense Base Act Attorney Matters

Although the DBA system exists to protect contractors, the claims process isn’t always straightforward. Many claims are denied due to insufficient evidence, missed deadlines, or complex arguments from insurance companies seeking to minimize liability. This is where a skilled DBA attorney proves invaluable.

A DBA lawyer understands the intricate laws that govern these claims and ensures your case is properly prepared and presented. They can help you gather evidence, such as medical records and witness statements, to support your claim. An experienced attorney will also fight back against any attempts by insurers to downplay your injuries or deny your compensation.

Key Benefits of Hiring a DBA Attorney

1. Expertise in a Niche Area of Law

The DBA is a unique law, and few attorneys specialize in it. Hiring a lawyer who focuses on DBA claims ensures your case gets the attention and expertise it deserves. These lawyers know the nuances of the law and how to leverage it to maximize your compensation.

2. Handling Insurance Companies

Insurance companies often have teams of lawyers and adjusters working to protect their bottom line. They may dispute your injuries, claim your work didn’t fall under DBA coverage, or offer far less than you’re entitled to. A DBA attorney levels the playing field and fights vigorously to get you the benefits you deserve.

3. Avoiding Costly Mistakes

Filing a DBA claim involves strict deadlines, detailed medical documentation, and compliance with federal regulations. Mistakes in any part of the process can delay or jeopardize your compensation. An experienced attorney ensures your claim is airtight from start to finish.

4. Maximizing Compensation

A lawyer can assess the full extent of your injuries and ensure that all applicable benefits, including lost wages, medical coverage, and disability payments, are accounted for. You may miss out on compensation you’re entitled to without proper representation.

5. Peace of Mind

Dealing with an injury or illness is stressful enough without managing a legal battle. Hiring an attorney allows you to focus on recovery while they handle the complexities of your case.

Situations Where a DBA Attorney Is Crucial

While there are countless scenarios where a DBA attorney can help, the following instances make their expertise particularly vital:

• Denied Claims: If your initial DBA claim is denied, an attorney can review the decision and craft a strong appeal.
• Severe Injuries or Long-Term Disabilities: Complex cases involving permanent disabilities or future medical needs require careful planning to secure adequate compensation.
• Disputes with Employers or Insurers: If your employer or insurer disputes your case's details, an attorney can negotiate or take the matter to court.
• Unfamiliarity with Legal Processes: If you’re unsure how to proceed with your claim or feel overwhelmed by the paperwork, having legal representation ensures no detail is overlooked.

When Should You Contact a DBA Attorney?

It’s best to contact a Defense Base Act attorney after your injury or illness as soon as possible. Early legal guidance can prevent common pitfalls and help you build the strongest possible case.

Even if your claim hasn’t yet been denied, an attorney can provide valuable advice and support throughout the filing process. Waiting too long to seek help could impact your ability to secure benefits and make it harder to correct mistakes after the fact.

Defense Base Act Lawyers

The Defense Base Act (DBA) provides critical workers’ compensation benefits to civilian employees working on U.S. military bases and government contracts overseas. While the DBA clearly covers physical injuries, many contractors and their families wonder: Does the DBA cover health conditions like Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injuries (TBI)? The answer is yes, but navigating the claims process for these conditions can be more challenging than for physical injuries.

What is the Defense Base Act?

The DBA extends the protections of the Longshore and Harbor Workers’ Compensation Act (LHWCA) to civilian contractors working on military bases, defense projects, or government contracts outside the U.S. This coverage includes medical treatment, disability benefits, and compensation for work-related injuries. Given the nature of these jobs, workers often face hazardous conditions, including combat zones, high-risk construction sites, and disaster relief efforts.

How PTSD and TBI Fall Under the DBA

PTSD and TBI are two of the most common yet complex injuries suffered by civilians working in war zones and high-risk environments. These conditions can have long-term effects on a person’s mental and physical health, affecting their ability to work and perform daily tasks.

PTSD Coverage - The DBA recognizes PTSD as a compensable injury if it is directly related to the claimant’s job duties or work environment. Civilian contractors exposed to combat situations, terrorist attacks, natural disasters, or other traumatic events may be eligible for benefits. However, proving PTSD claims requires strong medical documentation and evidence linking the condition to the worker’s experiences on the job.

TBI Coverage - Traumatic Brain Injuries (TBI) often result from explosions, falls, vehicle accidents, or other high-impact incidents. Even if symptoms do not appear immediately, TBIs can cause significant cognitive, physical, and emotional impairments over time. The DBA covers medical care and disability compensation for these injuries, but claimants must establish a clear connection between their work and the injury.

Challenges in Proving PTSD and TBI Claims

Filing a DBA claim for PTSD or TBI is often more complex than for physical injuries. Some of the most common hurdles include:

1. Establishing Work-Related Trauma: Unlike a visible physical injury, PTSD and TBI rely heavily on psychological evaluations, medical history, incident reports, and witness statements. Claimants must demonstrate that their condition stems from their work environment rather than unrelated personal stressors.
2. Medical Diagnosis and Treatment: A formal diagnosis from a qualified medical professional is essential. Claimants must show that they have received consistent medical treatment and that their condition significantly impacts their ability to work.
3. Employer and Insurer Pushback: Insurance companies may dispute PTSD claims, arguing that symptoms are due to pre-existing conditions or unrelated life events. In TBI cases, insurers may contest the severity of the injury or claim that symptoms are exaggerated. Having strong medical records and legal representation is crucial in overcoming these disputes.

Steps to Take if You Suffer from PTSD or TBI

If you believe you have PTSD or a TBI due to your work as a civilian contractor, taking the right steps can protect your rights and strengthen your claim:

1. Seek medical attention immediately – Early diagnosis and treatment can improve your condition and provide essential medical records for your claim.
2. Document incidents and symptoms – Keep a detailed record of any traumatic events you experience, including dates, locations, witnesses, and symptoms.
3. Report your injury to your employer – DBA claims must be reported promptly, so notify your employer as soon as possible.
4. File a DBA claim – Ensure you complete the necessary paperwork and meet all deadlines.
5. Consult with an experienced DBA attorney – Legal guidance can help you navigate the claims process, gather the necessary evidence, and fight back against insurance disputes.

Why Legal Representation Matters

Navigating a Defense Base Act claim for PTSD or TBI can be overwhelming, especially when facing employer resistance or insurance pushback. An experienced DBA attorney understands the legal intricacies of these cases and can help you secure the compensation and medical care you deserve.

Contact Military Justice Attorneys Today

If you or a loved one are suffering from PTSD or TBI due to work covered under the Defense Base Act, you have legal options. Military Justice Attorneys is committed to helping civilian contractors secure the benefits they are entitled to. Our experienced team understands the challenges of DBA claims and is ready to fight for you. Call (843) 773-5501 today for a consultation.