When military service members face legal challenges, the stakes are high. From courts-martial and administrative separations to security clearance issues and appeals, the consequences can affect a military career and long-term civilian opportunities. In such impactful situations, having an attorney with vast experience in military law is not just beneficial—it’s essential.
Understanding the Military Legal System
The military justice system operates under the Uniform Code of Military Justice (UCMJ), a unique set of laws distinct from civilian legal systems. Other rules and regulations are unique to the military, including procedures and standards that govern the following, all of which are unfamiliar to most civilian attorneys:
- Court-martial procedures
- Nonjudicial punishment (Article 15)
- Administrative separation boards
- Boards of Inquiry
- GOMORs
- IG Investigations
- Security clearance adjudications
- Appeals and discharge upgrades
Specialized knowledge in these areas allows experienced military lawyers to navigate complex regulations and advocate far more effectively for their clients.
Why Experience Matters
1. Strategic Defense Planning
Military attorneys with years of experience know how to build a strong defense early in the process. They understand what the authorities are trying to prove, how they will try to prove it, and can leverage this knowledge to their client’s advantage.
- Example: A Navy officer accused of fraternization and other crimes faced a career-ending court-martial. An experienced KML attorney uncovered procedural errors in the investigation and successfully argued for dismissal of all charges.
2. Credibility and Respect
Experienced attorneys often have established reputations within the military legal community. This can influence how their arguments are received by judges, prosecutors, and board members.
- Example: A Marine facing involuntary separation for alleged misconduct retained a KML attorney who was also a retired Marine. The attorney’s expertise, reputation, and persuasive advocacy led the board to find that the Marine did not commit the misconduct, saving his career.
For this reason, KML recommends that clients and their family members search for lawyers who are not only experienced in military law but are also retired from the military after spending at least 20 years on active duty. Retired Judge Advocates (military lawyers) bring extensive experience at every level of military law and are, therefore, often seen as reliable sources of information by juries, judges, and board members.
3. Comprehensive Case Management
From the initial investigation to post-trial appeals, experienced military lawyers know where the mines are and how to avoid them. They also know that legal matters are often more than one battle—experienced military lawyers know how to win the war. Their experience allows them to precisely manage every case phase and proactively plan for ultimate success.
- Example: A Soldier being processed for administrative separation from the Army hired a KML attorney who informed the client that the Army would likely award her an other-than-honorable (OTH) discharge. But the lawyer knew that wasn’t the last word and helped the Soldier take steps during active duty that would later strengthen her case before the Discharge Review Board. As a result of that planning, the Soldier’s OTH discharge was upgraded.
4. Emotional and Professional Support
Legal battles in the military are nearly always isolating and stressful. Much of this stress comes from the unknown, as the military system is unfamiliar to clients and their loved ones. A veteran military legal team will know the process and help the client and his family understand the unknown, often alleviating much of the stress.
- Example: A service member falsely accused of sexual assault—and his parents—were overwhelmed by the allegations and the potential pitfalls and consequences. The experienced legal team at KML spent many hours walking all of them through the process—what to expect, how to deal with it, and what could happen. Just knowing this information immediately calmed the anxiety.
Additional Scenarios Where Experience Counts
- Medical Boards and MEB/PEB Hearings: Service members facing medical separation need attorneys who understand both legal and medical documentation to ensure fair disability ratings and benefits.
- Appeals and Clemency Requests: After a conviction, experienced attorneys can file appeals or clemency petitions, often identifying legal errors or presenting new evidence that can change the outcome.
Final Thoughts
In the military, where careers and lives can pivot on a single legal decision, experience is everything. Whether you’re under investigation, facing disciplinary action, or seeking to upgrade your discharge status, please reach out to an attorney experienced in military law to ensure you have the chance of success that you deserve.
