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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.

Steroid use, especially within the military, has been a topic of growing concern and complexity. With the 2023 policy change addressing performance-enhancing drug use in the armed forces, it is crucial to understand the implications for service members. 

The 2023 Policy Change on Steroid Use in the Military

In 2023, a significant policy adjustment was introduced within the United States military regarding performance-enhancing drugs (PEDs), including anabolic steroids. Historically, military regulations prohibited the use of unprescribed PEDs due to their potential to compromise unit safety and lead to physical and psychological health concerns.

The 2023 update, however, has reinforced stricter testing and disciplinary measures while also creating avenues for education and testing transparency. Service members flagged for anabolic steroid use now face enhanced penalties under the Uniform Code of Military Justice (UCMJ). At the same time, the military introduced new initiatives aimed at educating members on the risks of PEDs and promoting healthy methods of improving physical performance.

This shift reflects a dual-pronged approach. It underscores the military’s dedication to maintaining fitness standards and operational readiness, but it also focuses on ensuring service members have the knowledge and resources to avoid illicit substances.

Why Steroid Use Happens in the Military

The pressure to maintain peak physical fitness, combined with the grueling demands of military life, can sometimes lead individuals to seek shortcuts, such as using PEDs. Anabolic steroids are particularly appealing because they promote muscle growth and aid recovery. However, what may seem like a quick fix can lead to severe consequences for health and career alike.

Deployment stress and the cultural emphasis on strength can amplify these temptations, creating an environment where some service members may rationalize misusing these substances. Unlike professional sports, where PED use is closely monitored, steroids in the military carry the added risks of strict legal repercussions that go beyond career-related consequences.

The Legal Consequences of Steroid Use

Steroid use remains a violation of the UCMJ, specifically under Article 112a, which prohibits the wrongful use or possession of controlled substances. Depending on the circumstances, service members who test positive for steroids may face court-martial, punitive discharge, administrative separation, forfeiture of pay, reduction in rank, or even confinement.

Military commands take these cases seriously, treating them as offenses that undermine unit cohesion and safety. Even if a small number of service members use steroids, their actions can set dangerous precedents within their teams. Additionally, misuse can lead to medical complications, creating both short-term risks and long-term health burdens for military healthcare systems.

The 2023 Update and Its Implications

With the updated policy in 2023, the military has expanded efforts to detect steroid use through random drug testing and more sophisticated testing methods designed to reveal concealed PED consumption. By doing so, the system aims to deter service members from engaging in such behaviors while maintaining fairness and thoroughness during investigations.

Further, commanders are encouraged to focus on counseling and rehabilitation opportunities for first-time offenders. While the penalties remain tough, this new approach signals the importance of emphasizing education and promoting healthier fitness and performance improvement alternatives.

What Service Members Should Know

If you are a service member, it is vital to understand the scope of the policy, the dangers of performance-enhancing substances, and the regulations surrounding their use. Ignorance of these rules cannot serve as a defense against legal action. However, staying informed about prohibited substances and their consequences can protect your military career and long-term well-being.

Additionally, if you believe you were wrongfully convicted or face legal action for steroid use, consulting an experienced military defense attorney is essential. Often, cases involving PEDs hinge on complex legal and procedural nuances that require skilled handling.

Military Drug Charge Lawyers

If you or a loved one are facing allegations of steroid use or any other drug-related charge under the UCMJ, you don’t have to navigate it alone. Military Justice Attorneys is dedicated to defending service members and protecting their rights. Our experienced team understands the complexities of military drug cases and is ready to advocate for you. Call (843) 773-5501 today for a confidential consultation.

Few things are more tragic and gut-wrenching than the death or injury of an unborn child. Under Article 119a of the Uniform Code of Military Justice (UCMJ), a service member who commits a violent crime that results in the death or injury to an unborn child may be prosecuted not only for their crime against the mother but also for what happens to the child in their womb. If convicted, the punishment can be severe and life-altering for the service member.

Military Justice Attorneys (MJA) has defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, including manslaughter. Contact our military defense lawyers today to learn more about your rights and options if you have been accused of murder or the death of an unborn child.

What is Article 119a, UCMJ (Death or Injury of an Unborn Child)?

Article 119a of the Uniform Code of Military Justice (UCMJ) makes it a crime if a service member causes the death or injury to an unborn child while committing one of the following serious offenses:

• Article 118 (Murder)
• Article 119(a) (Voluntary Manslaughter)
• Article 119(b)(2) (Involuntary Manslaughter)
• Article 120(a) (Rape)
• Article 122 (Robbery)
• Article 126 (Arson)
• Article 128 (Assault)
• Article 128a (Maiming)

To be found guilty, it is not required that the person know that the victim of the underlying offense was pregnant or that the person intended to cause the death or injury to the unborn child.

What Offenses are Listed under Article 119a?

There are four potential charges under Article 119a, UCMJ:

1. Injuring an Unborn Child: To be guilty of injuring an unborn child, the Government must prove the following elements: (1) that the accused was engaged in the murder, manslaughter, rape, robbery, maiming, assault, or arson of a structure of a woman; (2) that the woman was pregnant; and (3) that the accused caused bodily injury to the unborn child of that woman. Bodily injury is broadly defined and can include a “cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.”
2. Killing an Unborn Child: To be guilty of killing an unborn child, the Government must prove the following elements: (1) that the accused was engaged in the murder, manslaughter, rape, robbery, maiming, assault, or arson of a structure of a woman; (2) that the woman was pregnant; and (3) that the accused caused the death of the unborn child.
3. Attempting to Kill an Unborn Child: To be guilty of attempting to kill an unborn child, the Government must prove the following elements: (1) that the accused was engaged in the murder, manslaughter, rape, robbery, maiming, assault, or arson of a structure of a woman; (2) that the woman was pregnant; and (3) that the accused intended and attempted to kill the unborn child of that woman;
4. Intentionally Killing an Unborn Child: To be guilty of killing an unborn child, the Government must prove the following elements: (1) that the accused was engaged in the murder, manslaughter, rape, robbery, maiming, assault, or arson of a structure of a woman; (2) that the woman was pregnant; and (3) that the accused intentionally killed the unborn child of that woman.

What is an “Unborn Child” under Article 119a?

An “unborn child” is defined as a “child in utero” which is any child who is carried in the womb, at any stage of development, from the moment of conception to birth.

Is Knowledge of the Pregnancy Required under Article 119a?

No, depending on the charge, the accused does not need to know the woman is pregnant to be guilty under Article 119a. For example, the offenses of injuring an unborn child and killing an unborn child do not require proof that the accused knew or should have known that the victim of the underlying offense was pregnant, or that the accused intended to cause the death of, or bodily injury to, the unborn child.

On the other hand, if a service member is being charged with attempting to kill an unborn child, the Government must prove that the accused intended by his conduct to cause the death of the unborn child.

Does Article 119a Criminalize Abortion?

Article 119a does not criminalize abortion. It is not a violation of Article 119a for a female service member to voluntarily have an abortion where she has consented to the procedure or undergoes any medical treatment which results in injury or death to the unborn child.

Are There Any Potential Defenses to Article 119a?

Rule for Court-Martial 916 provides multiple defenses to both Article 119a and underlying serious offenses which the Government must prove. These include justification (that the death caused was in the proper performance of a legal duty and is justified and not unlawful), obedience to orders, self-defense, accident, and lack of mental responsibility.

For example, a service member who shoots and kills a woman in self-defense could be charged with killing an unborn child under Article 119a, even if the accused did not know she was pregnant. In a case like that, the accused could argue at trial that using lethal force against the mother was legally justified and therefore they should be found not guilty of any unexpected death or injury to the unborn child.

Defenses do not, however, prove themselves. A successful defense to the charge of manslaughter will often require the use of experts in the fields of firearms, gunshot residue, bloodstain pattern analysis, crime scene reconstruction, forensic psychology, forensic pathology, and digital forensics, to name a few. A skillful attorney can identify the experts required to prepare a successful defense.

What's the Maximum Punishment under UCMJ Article 119a?

The maximum punishment for death or injury to an unborn child is dependent on the underlying offense but would likely carry the risk of a dishonorable discharge and years if not decades of confinement. The death penalty is not authorized for a violation of Article 119a.

Is Pretrial Confinement Authorized for Allegations of Article 119a?

Yes, service members suspected of the death or injury of an unborn child will likely be placed in pretrial confinement while awaiting court-martial based on the severity of the allegations. This is a devastating punishment that significantly impacts a service member’s ability to prepare for trial. Service members held in pretrial confinement beyond their end of active service (EAS/ETS) are not entitled to pay and allowances while in confinement.

Any commissioned officer may order any enlisted person into pretrial confinement. Officers may only be ordered into pretrial confinement by their commanding officer. Within 7 days of the imposition of pretrial confinement, a “detached and neutral” officer is required to independently review the confinement decision. The officer may order that the service member be released from pretrial confinement. Later, the military judge assigned to the case may also order their release.

MJA has successfully fought to have service members released from pretrial confinement for some of the most serious UCMJ offenses, including manslaughter. When properly litigated, a service member unlawfully confined may be entitled to significant sentencing credit and even back pay.

What Are My Rights When Accused under Article 119a?

Key rights that you can and should invoke while under investigation for a violation under UCMJ Article 119a include:

• 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 rarely 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 command from taking adverse action against you–it just makes the government’s case stronger.
• Right to counsel: Service members suspected of a crime 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 a crime. Remember that no matter the specific legal circumstances you are facing, you are entitled to legal counsel and should utilize it.
• Right to refuse consent: There is 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 authorization from a commander before conducting the 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 that they intend to use against you. Don’t be fooled.

Protect Your Freedom & Your Military Career

When your life, career, and future are on the line, get an experienced law firm in your corner immediately. The skilled and experienced military criminal defense attorneys at MJA have defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, such as Article 119a (death or injury of an unborn child). We can explore all avenues of defense and aggressively fight for your rights and reputation.

The litigation surrounding Aqueous Film-Forming Foam (AFFF) continues to unfold, with significant developments in the multidistrict litigation (MDL) that impact military personnel, veterans, and others exposed to toxic firefighting foam. If you or a loved one have been affected by AFFF exposure, it is important to stay informed about your legal options—because it’s not too late to file a claim.

AFFF and Its Link to Health Risks

AFFF has been widely used by the military and civilian firefighting units for decades due to its effectiveness in extinguishing fuel-based fires. However, mounting evidence has linked its per- and polyfluoroalkyl substances (PFAS) to serious health concerns, including kidney cancer, liver cancer, thyroid cancer, testicular cancer, as well as thyroid disease and ulcerative colitis. Many military bases, airports, and training facilities used AFFF extensively, leading to widespread exposure risks.

Where Does the MDL Stand?

The AFFF lawsuits have been consolidated into an MDL in the U.S. District Court in South Carolina. This consolidation helps streamline pretrial proceedings and ensures consistency in handling the vast number of claims. Recent updates indicate ongoing settlement discussions, scientific reviews, and expert testimonies, all of which play a crucial role in determining accountability and potential compensation for affected individuals.

We are still accepting new clients with qualifying medical conditions. If you were exposed to AFFF and have experienced qualifying medical conditions, you may still have the opportunity to pursue legal action.

Why Filing Now Matters

Many service members and veterans who worked in firefighting, hazardous materials handling, or on military bases may have unknowingly been exposed to PFAS through AFFF use. Filing a claim now ensures that your case is considered within the legal timeframe and that you don’t miss out on potential compensation for medical expenses, lost wages, and other damages.

Stay Informed & Protect Your Rights

If you or a fellow service member have been affected by AFFF exposure, know that you have options. Military Justice Attorneys is committed to ensuring service members receive the fair treatment they deserve. If you have any questions about filing an AFFF claim or need legal guidance, please call (843) 773-5501 to connect with Military Justice Attorneys today.

When service members submit to a routine drug test, they expect a process that is fair, accurate, and transparent. However, recent reports suggest that the military’s urinalysis program may not be as reliable as it appears. In an investigative piece by Military Times, alarming discrepancies and mismanagement within a military drug screening lab have called into question the integrity of the entire testing system.

For those facing disciplinary action due to a failed drug test, understanding these issues is critical. At Military Justice Attorneys, we have seen firsthand how unreliable testing procedures can lead to wrongful accusations, jeopardizing careers and futures. Here’s what you need to know about the flaws in the military’s drug testing system and what you can do if you’ve been unfairly targeted.

Flaws in the Military’s Drug Testing System

1. Inconsistent Lab Procedures Across Branches

Each military department operates its own drug testing program, with some using different testing methods, cutoff levels, and lab protocols. This lack of standardization means that a soldier in the Army could have a different outcome than a Marine under identical circumstances. The inconsistency raises concerns about fairness and reliability, particularly when a positive test can result in administrative or punitive discharge, or charges under the UCMJ. 

2. Mishandling and Contamination Risks

The Military Times investigation uncovered instances of mislabeled samples, improper storage, and contamination. Even minor clerical errors can result in false positives, and without proper oversight, service members may be punished for drugs they never consumed. Unlike civilian drug testing, military labs operate with limited external regulation, reducing accountability for mistakes.

3. Lack of Transparency in Test Results

Unlike many civilian workplaces, military drug screening labs do not allow independent retesting or verification. Service members often have no access to their full lab records and must rely on a chain of command that may be more interested in maintaining “zero tolerance” statistics than ensuring accuracy. This makes it extremely difficult for service members to challenge questionable results.

A Case That Exposes Major Issues

The flaws in the military’s drug testing system aren’t just hypothetical—they have real consequences for service members. Take the case of Gunnery Sgt. Rory R. Hirst, a Marine with an 18-year career, who was convicted and sentenced to six months of confinement based on a positive drug test for cocaine. Hirst maintained his innocence, arguing that the test results were incorrect. However, his attempts to challenge the evidence were met with resistance.

The Military Times investigation later exposed shocking lapses at the Navy Drug Screening Laboratory in Great Lakes, Illinois—the very lab responsible for Hirst’s test. Whistleblowers revealed that urine samples were frequently left unrefrigerated for extended periods, documentation was falsified, and quality control protocols were ignored. Despite his conviction being overturned, Hirst still suffered irreparable damage to his career and reputation.

His case underscores the dangers of an unreliable system: a single, flawed drug test can lead to devastating consequences, even for service members with otherwise exemplary records. If it could happen to him, it could happen to anyone.

What You Can Do if You Fail a Military Drug Test

If you’ve tested positive for a banned substance, don’t assume the results are accurate or that your case is hopeless. Here are some critical steps to take:

1. Request Your Lab Records – While the military doesn’t always make this easy, you have the right to review the documentation associated with your test.

2. Seek Legal Representation – A military defense attorney can help you challenge the test results, identify errors, and protect your career.

3. Consider Alternative Explanations – Certain medications, supplements, and even poppy seeds have been known to cause false positives. A legal team can help build a defense based on scientific evidence.

4. Push for a Retest – While the military often resists independent testing, a skilled attorney may be able to challenge the original test’s validity.

Contact MJA Today

If you or a fellow service member are facing disciplinary action due to a drug test, know that you have options. Military Justice Attorneys is committed to ensuring service members receive the fair treatment they deserve. If you have any questions about challenging a military drug test or need legal guidance, please call (843) 773-5501 to connect with Military Justice Attorneys today.