Military Law

Retirement Grade Determinations (RGDs) for Navy & Marine Corps Officers Retirement Grade Determinations (RGDs) for Regular Navy and Marine Corps officers are governed by SECNAVINST 1920.6 (series) and the federal statute 10 U.S.C. § 1370, which establishes the legal standard for determining the grade in which an officer will retire. Many officers assume that reaching

I take a handful of discharge upgrade cases each year. I am very selective on the cases I take for several reasons: the cases have a long lifespan if they are done right (normally more than 2 years); the chance of success is relatively low if the case does not involve PTSD, homosexuality and a

Positive Military Drug Test for THC? Free Case Consulatation! Let Korody Law provide you a free case consultation regarding your positive military drug test. Contact Korody Law   Positive THC Drug Test Do you love that video? “Beyond a doubt”!  Not sure who came up with that, but over the years there are known errors

I recently wrapped up a Navy Board of Inquiry (board found no misconduct; returned member to duty) where the officer was alleged to have “wrongfully used a prescription drug.”  During the 8months it took to get this case before a board of inquiry, the officer was transferred from his normal position to a temporary assignment,

Positive Urinalysis for Prescription Drugs in the Military A positive urinalysis for prescription drugs can trigger serious consequences in the military — even when the medication was lawfully prescribed. Service members are often shocked to learn that a positive result involving medications such as Adderall, Oxycodone, Hydrocodone, or other controlled substances can lead to investigation,

Unresolved Report of Misconduct Submission of a Retirement Request Waives a BOI If a Report of Misconduct has been forwarded, but a show cause determination has not been made, submission of a retirement request waives the right to a BOI.  Enclosure (6) to SECNAV instruction provides that any officer being considered for show cause proceedings

Unfortunately, actually nailing down military law can be difficult.  There are many sources of military law.  They are, generally, the Uniform Code of Military Justice (UCMJ), the Rules for Courts-Martial (RCM), the Manual For Courts-Martial (MCM), the Military Rules of Evidence (MRE), regulations issued by military departments and commanders, and, finally, case law established by

10 U.S. Code Section 1102 provides: Medical quality assurance records created by or for the Department of Defense as part of a medical quality assurance program are confidential and privileged.  Because of that, I can’t share many details of my military medical provider adverse privileging action wins; however, I have now won cases in all

In courtrooms across the United States – both state and federal – juries are told to go into jury deliberations room and reach a verdict.  The jury enters the deliberation room and re-appears some time later with a verdict on the charges.  The procedure employed to reach that verdict, however, varies from jury to jury,

This week there was another revelation about military drug labs and military drug testing that undermines the reliability of the system.  I have previously spoken about the employee tampering at the Norfolk Navy Drug Testing Laboratory (NDSL) before it was shut, the false positives at NDSL Great Lakes and San Diego (before it was shut