At the Law Office of David S. Hendrickson, we are familiar with the military in Korea

Being stationed in South Korea is a different experience. Due to the history of war, the current ongoing armistice, and ongoing threat of North Korea, it can be more intense than other duty stations. The OPTEMPO is high, there are many restrictions, and much of the training cycle is centered around life sucking exercises like UFG, Key Resolve, and Warfighter. United States Forces Korea (USFK) lives by the mantra “fight tonight!” and they mean it. Its mission is to be ready for war at any moment, and this is implemented with constant policy changes, drills, training exercises, and oversight. 

While being stationed in South Korea can be a rich and rewarding experience, there are many opportunities to fail in a high stress environment with overregulation. Some additional stressors include being stationed at locations like Camp Casey near the DMZ, where the threat is higher, and living/working conditions are worse. Many go to Korea on an unaccompanied tour, and do not have the family support they are accustomed to. There are vehicle restrictions limiting mobility. There are housing limitations, and those accustomed to living in family housing, or off post/base might be required to live in the barracks. During exercises that last approximately 2 weeks long, alcohol consumption and liberty are restricted or prohibited. USFK has placed many locations and events off limits at all times. Individual commands often impose more readiness exercises and restrictive policies, to include stringent barracks policies. Violations of these policies and orders are punishable under Article 92, UCMJ.

Due to a new and unique living environment, many servicemembers make mistakes with BAH paperwork when they arrive and later find themselves in trouble. DFAS regularly audits unaccompanied servicemembers who list California, New York, or Hawaii as the residence for their dependents. With other offenses, some servicemembers who don’t like being stationed in Korea make false allegations against others because they believe it will make their life better. Korean civilians will also make false allegations against servicemembers because their system allows the accused to pay the accuser to drop the charge or be found not guilty, and they know that military members have money. If convicted by a Korean court, the military will then initiate administrative separation for a foreign conviction. 

Despite the unique stressors and circumstances in Korea, the military is not in the business of sympathy and will not overlook simple mistakes or allegations made against you. You will need an effective attorney with familiarity and a solid track record in Korea to protect you and/or present your defense. Whether stationed at Camp Humphreys, Camp Casey, Camp Henry, Osan Air Base, Kunsan Air Base, or elsewhere, the stress in Korea is high for servicemembers. Investigations by CID or OSI can be lengthy and servicemembers under investigation will be kept in Korea until the suspected offense is disposed of. Defense counsel provided by the military will only advise on basic rights and will not be able to provide focused assistance during the investigation that will decide your fate. You will need an effective attorney to assist you.