The military’s authority to place a service member in pretrial confinement recently received national attention after Marine Lieutenant Colonel Stuart Scheller was placed in the brig following a series of social media posts and videos he made criticizing the American withdrawal from Afghanistan. While the Uniform Code of Military Justice (UCMJ) does authorize Commanders, Read More
For those who have served in the military, the DoD’s mandatory COVID-19 vaccination rollout has been exactly what you would expect—a cluster of misinformation and intimidation tactics resulting in service members being harassed and threatened to take the vaccine, discouraged from submitting religious accommodation requests, and berated by leadership if they dare to question, Read More
The Pentagon has announced that COVID-19 vaccinations are now mandatory for Department of Defense Service Members according to a memo recently released by Secretary of Defense Lloyd J. Austin. With mandatory vaccinations now here, many service members have begun exploring their eligibility for medical or administrative exemption (which includes religious exemptions). If you are, Read More
On April 28, 2021, the Department of the Army issued a public notice that the Army Discharge Review Board (ADRB) would be reconsidering discharge upgrade applications for Soldiers who served in Iraq and Afghanistan and were discharged under less than Honorable conditions. This new policy, which is the result of a class action settlement, Read More
When an officer is recommended for involuntary separation based on performance, misconduct, or mental or physical ability, the matter is evaluated by an administrative separation board, also known as a “Board of Inquiry”, “Show Cause Board”, “Elimination Board” or “Board of Officers”. A separation board affords the officer the opportunity to fight for retention, Read More
When a command recommends that an enlisted servicemember be involuntarily discharged based on performance, misconduct, or mental or physical ability, the matter is evaluated by an administrative separation board, also known as a “Chapter Board”. A separation board offers the servicemember the opportunity to fight for retention in the military. MJA has successfully defended, Read More
Servicemembers with less than 6 years of active duty do not rate a separation board when discharged under Honorable or General (Under Honorable Conditions). As a result, they can be involuntarily separated from the military via “notification procedures” without a formal hearing. Even without a hearing, however, servicemembers can still fight to remain on, Read More
On April 7, 2021, the Department of Defense (DoD) announced a new board of appeals for service members who were discharged from the military on or after December 20, 2019. The Discharge Appeal Review Board (DARB) will provide final review of discharge or dismissal characterization upgrade requests when petitioners have exhausted all available administrative, Read More
The Army’s Qualitative Management Program (QMP) is a powerful force-shaping tool used to deny continued service to NCOs in the rank of SSG through CSM/SGM. While the QMP may be the single greatest threat to an Army NCO’s military career, most Soldiers know little about the process until they are notified of selection for, Read More
MJA is proud to announce a recent victory on behalf of our client, a Corpsman in the United States Navy. The Corpsman was notified of nonjudicial punishment for allegedly violating Article 112a after failing a urinalysis. The Corpsman refused NJP and demanded trial by court-martial, explaining to his command that he had a lawful, Read More