We know from experience that military officers carry a heavy load of expectations and responsibilities. Often this position of authority makes an officer an easy target for allegations of misconduct. An allegation that is substantiated by investigation can destroy a career that was hard fought for, regardless of how minor the misconduct is. The risk is high, as only a preponderance of the evidence is required for an allegation to be substantiated. An adverse finding may serve as the basis for a relief for cause and/or a board of inquiry to consider administrative separation. More serious findings will result in Court Martial charges. If you have been accused of acting in an unlawful manner, our Honolulu-based military officer misconduct lawyer may be the best ally in reaching a fair outcome.
Charges at Court Martial occur with the more serious offenses. However, when the evidence does not appear to support a finding beyond a reasonable doubt, officers might not be charged, but will still be in trouble. Other than Court Martial and Nonjudicial Punishment (NJP), the different branches of the service handle officer misconduct differently.
Army: Officers in the grade of Captain and above may rebut adverse findings of command investigations. If an adverse finding is approved, the officer can expect to be issued a General Officer Memorandum of Reprimand (GOMOR). The officer will have the right to submit a rebuttal. If the GOMOR is permanently filed in the officer’s Army Military Human Resources Record (AMHRR), the initiation of administrative separation is required. This may be rebutted in writing or a board of inquiry will be held depending on how many years of service the officer has.
Air Force: A letter of reprimand may be issued by any member of the administrative or operational chain of command. The officer may respond in writing, which is included in the Unfavorable Information File (UIF) with the reprimand. An effective response may convince the commander not to pursue further adverse action, such as administrative separation.
Navy: An officer being notified of Detachment for Cause may provide a response. An effective response may prevent further adverse administrative action, to include administrative separation/board of inquiry.
Marine Corps: An officer will be given the opportunity to rebut a Page 11 and misconduct disposition report. These will be taken into consideration by the Show Cause Authority on whether to process the officer for administrative separation. Our qualified attorney who is based in Honolulu can help an officer who is suspected of or facing the process of substantiated findings. The best time to get help is during the investigation. However, our attorney can help with any aspect of the process, to include rebuttals and representation at a board of inquiry.
An investigation finding of officer misconduct can have life-altering consequences. Even if punishment is light or administrative, an officer under these circumstances should not expect to be promoted and should expect to face administrative separation. More serious offenses will be handled at Court Martial, which has more serious consequences. These include the possibility of a federal conviction, confinement, and dismissal (punitive discharge). Our skilled Honolulu-based attorney could help a military officer avoid the potential penalties of their misconduct offense.
You have worked hard for your reputation as a military officer. You deserve the best chance at a positive outcome, and our Honolulu-based military officer misconduct lawyer may be able to help. Attorney David S. Hendrickson could help you fight, regardless of where you are in the process. He understands what you are going through and how the military and its legal system works. Reach out today for a personal, private consultation to review your misconduct charge. Our team could help you with developing a strong, effective defense.