ROTC

ROTC Disenrollment

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Are you or a loved one facing ROTC or Academy disenrollment? Cadets and Midshipmen may face this action if their military superiors believe that the Cadet or Midshipman breached their ROTC contract by doing one of several things, including committing misconduct, failing to uphold the honor code, or becoming unfit for military duty.

If this happens to you or a loved one, you (they) are entitled to a hearing at which you may personally appear and present your case. The Air Force and Army call these “Disenrollment Hearings,” while the Navy/Marine Corps refers to them as “Performance Review Boards.” Much like a very informal hearing, you will hear the evidence collected against you and have the opportunity to present evidence in your defense. At stake at these hearings is your ability to receive a commission, the possibility that you may have to repay scholarship money already received, and the potential to be ordered to serve your active duty time as an enlisted member.

Should I Hire A Military Attorney To Assist Me With ROTC Disenrollment?

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Probably. While a military attorney’s speaking role at a hearing will be more limited than at a criminal trial, an experienced military defense attorney can GREATLY assist you in preparing for the hearing, to include:

  • File review to ensure all relevant documents are included;
  • Drafting of a legal memorandum to provide to the hearing officer (or board) in advance of your hearing date. This will likely include all of the information your military criminal defense lawyer would offer at your hearing to ensure the information is included;
  • Identify, speak with, and help prepare witnesses to speak on your behalf, and finally,
  • Help prepare you for your critical statement to the board.

The rules, procedures, and standards used by the Services in making these determinations are complex. In addition to the steps outlined above, an experienced military attorney can assist you in making sure you comply with them and place the strongest package possible before the Board.

When Should I Consider Hiring A Military Attorney To Assist Me With ROTC Disenrollment

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As soon as possible! Some hearings may take place only a few days after you are notified that it will happen! For that reason, if you are concerned that you may face such a procedure, it’s vitally important that you obtain legal services as soon as possible.

How Do I Learn More?

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The services’ instructions on disenrollment hearings can be found here:

Army Regulation 145-1;

Navy Service Training Command Instruction 1533.2A

Air Force Instruction 36-2011.

Please also feel free to reach out to us at KML for a free consultation on these matters.

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