Military Medical Quality Assurance Investigation (QAI)

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 investigation professional misconduct or impairments, including mental or physical impairments.  Such investigations are often triggered by missed or incorrect diagnoses, near miss […]

UNLAWFUL COMMAND INFLUENCE – CAAF SETS ASIDE BUT AUTHORIZES A REHEARING

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 […]

Supreme Court Invalidates Indemnification Provisions For Military Retirement

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: […]

Are Military Sexual Assault Courts-Martial Influenced by Military Authorities?

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. […]

Another False Positive At A Military Drug Lab

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 […]

Military Doctor Abeyance From Practicing Medicine

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 Drug Offenses – New Technology, Same Statute

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 […]

Alimony In A Florida Military Divorce

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 […]

Can the Marines who shared photos on Facebook be prosecuted under the UCMJ?

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 […]

Administrative Separation From the Military (ADSEP) and Civilian Arrest

A civilian arrest of a member of the military will, at minimum, trigger a command investigation into the nature and circumstances of the arrest.  Most often, the investigation will simply consist of a copy of the police report.  Military commanders then make a decision on whether or not to proceed with administrative or disciplinary action […]