Legal Question in Military Law in Maryland

I am currently in the Air Force with 10 1/2 years of service. I'm going through an administrative seperation at the moment with a board date sometime in late Feb. I went to a special court martial for article 108 and article 121, and was sentenced to reduction in rank to E-1, 100 days confinement, and forfeiture of 2/3 pay for 4 months, but did not receive a punitive discharge. My command is now trying to use the charges as the means to my administrative seperation which I feel is not legal since that would be double jeopardy. Any clarification would be appreciated if I am wrong in my understanding.

Asked on 1/09/14, 3:02 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

It is not technically double jeopardy since this is an administrative proceeding and not a criminal action. However, you can use this to your advantage by arguing that the issue has already been considered by the court-martial and they decided you should not be separated. I have found this argument to be very convincing to the Board members as they feel the same way - why are they doing this to you again? I have had a number of retentions at an admin board following a court for this very reason. You and your attorney need to prepare your evidence for teh Board adn demonstrate all the reasons why you should not be separated and why hte court decided to allow you to stay in.

I hope this information helps. If you have further questions, please feel free to contact me directly at [email protected] or 757-420-9321.

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Answered on 1/10/14, 7:48 am

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