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 […]

2017 NDAA MANDATES TREATMENT OF RETIREMENT PAY IN DIVORCES

A change to the law has occurred that affects the manner in which court orders submitted to the Defense Finance and Accounting Service (DFAS) as part of an application for division of military retired pay pursuant to the Uniformed Services Former Spouses’ Protection Act (USFSPA) must be formatted. The National Defense Authorization Act (NDAA) of […]

DOHA Industrial Security Clearance Notice of Hearing

The security clearance application process is initiated by an employer or government sponsor (the government office that needs a contractor to have a clearance). Once the clearance is initiated, the individual will have to complete a SF-85 (Questionnaire for Non-Sensitive Positions) or SF-86 (Questionnaire for National Security Positions).  This is normally done online through the […]

FBI Takes Over Child Porn Website? What?

Widely reported is the FBI’s hacking and takeover of the child pornography website Playpen.  USA Today article here. Playpen was available only via Tor, a networking program designed to operate websites off the main web and hide user information. What is highly interesting about what the FBI did is that it became a leading distributor […]

Defending Capital Sexual Battery (Child Sex Abuse) Cases in Jacksonville, FL

The only thing worse than child sexual abuse, which in Florida is charged as Capital Sexual Battery or Lewd or Lascivious Molestation, is being falsely accused of child sexual abuse. I have defended numerous child sexual abuse cases in both State and military courts, and so often prosecutors, investigators, and social workers are blinded by […]

Military Drug Cases

When I first joined the Navy JAG, it was common to see courts-martial where the sole charge was a violation of Article 112a, UCMJ, for wrongful drug use.  We called these “single spec pop” cases because the case involved a single specification (charge) based on a positive urinalysis drug test (hence the “pop”).  Over the […]

Military BAH Fraud, Theft, and Repayment

I have handled dozens of BAH (basic allowance for housing) fraud (also sometimes called BAH theft) cases over the years.  They come in several varieties including: a) sham marriages (a marriage for the sole purpose of getting BAH or an increase in BAH) b) the member divorces but never updates his dependent application with personnel […]

Florida Division of Military Retirement Pension In Divorce

I am constantly contacted by recent military retirees in Florida who want to know whether they can change the provision in their divorce judgment as it relates to division of a military pension with a former spouse. The common scenario is this:  military member gets married young and divorces some years later.  The military member […]

NROTC Performance Review Board Guidance

Performance Review Boards, or a “PRB,” is the formal hearing before a panel of officers given to a Naval Reserve Officer Training Command (NROTC) student before a disenrollment or discipline decision is given by the NROTC unit Commanding Officer or Professor of Naval Science (PNS).   At the PRB, the student has many important rights […]