I’ve been contacted to discuss the collision involving the destroyer USS Fitzgerald off the coast of Japan on June 17, 2017, which resulted in the loss of 7 Sailors’ lives when their berthing flooded. Though early reports have indicated that the merchant vessel ACX Crystal abruptly changed course, then collided into the starboard side of USS …
A Quality Assurance Investigation (QAI or QA Investigation) involving a military medical provider is most commonly an investigation to determine whether the provider is clinically incompetent, though it can also be used to investigate professional misconduct or impairments, including mental or physical impairments. Such investigations are often triggered by missed or incorrect diagnoses, near miss …
Military Medical Quality Assurance Investigation (QAI) Read More »
CAAF decided the Air Force case of United States v. Boyce on Monday, May 22, 2017. A deeply-divided court held that the conduct of senior Air Force officials created an appearance of unlawful command influence (UCI) in this sexual assault case. And while the court finds no prejudice to Boyce, the majority “conclude[s] that an objective, disinterested observer …
UNLAWFUL COMMAND INFLUENCE – CAAF SETS ASIDE BUT AUTHORIZES A REHEARING Read More »
Any smart divorce lawyer representing a military spouse always seeks to add indemnification language to military retirement pay division orders – the order that divides the servicemember’s military retirement. The indemnification aims to reimburse the spouse for any reduction in military retirement pay caused by the election of VA disability pay. The provisions normally provide: …
Supreme Court Invalidates Indemnification Provisions For Military Retirement Read More »
There is no military sexual assault epidemic. The military is just like the civilian world when it comes to sexual assault. Colleges have similar rates of reports as the military for college age persons (in the military, junior enlisted folks). I’ve seen my fair share of alcohol facilitated sexual assault reports to local Florida authorities. …
Are Military Sexual Assault Courts-Martial Influenced by Military Authorities? Read More »
My folder dedicated to false positives and misconduct from the military’s urinalysis drug laboratories just got a few pages thicker. As noted in this memorandum to the Navy’s Criminal Law Division (Code 20), Navy Drug Screen Laboratory (NDSL) Great Lakes has identified at least three false positives for methamphetamine and amphetamines. To my knowledge, NDSL …
I have built a reputation since leaving active duty as the expert when it comes to adverse privileging actions against military medical providers like doctors, nurses, pharmacists, and even dentists. I have found that I know the military regulations that govern these actions much better than the military hospitals and their legal teams. In fact, …
Military Doctor Abeyance From Practicing Medicine Read More »
About the author: Attorney Patrick Korody is a former Navy judge advocate who specialized in Military Justice Litigation. He is co-author of the book, Court-Martial Advocacy – Trying the Military Case, published by Thomson Reuters. His law firm, Korody Law PA, handles military law matters worldwide. Old Statute . . . New Technology I recently …
Military Drug Offenses – New Technology, Same Statute Read More »
Alimony is one of the most highly contested terms of any divorce action and has been the recent subject of extensive debate by the Florida legislature. Section 61.08 to the Florida Statutes covers alimony and sets forth the different types of alimony recognized by Florida law. They are: Bridge-the-gap alimony (maximum of 2 years) Rehabilitative …
About the author: Attorney Patrick Korody is a former Navy judge advocate who specialized in Military Justice Litigation. He is co-author of the book, Court-Martial Advocacy – Trying the Military Case, published by Thomson Reuters. His law firm, Korody Law PA, handles military law matters worldwide. I’ve been involved in some high-profile cases involving the …
Can the Marines who shared photos on Facebook be prosecuted under the UCMJ? Read More »