Military Officer Misconduct Defense Attorneys

Safeguard Your Reputation with The Hanzel Law Firm Serving Nationwide From Our Office in Mt. Pleasant

If you are a U.S. military officer serving in any branch of service, even an allegation of misconduct can derail your career, hold up a promotion, or prevent you from screening for your next job or even PCS’ing. 

Attorney Michael Hanzel served for over a decade as a JAG officer and knows the ins and outs of defending officers against allegations of misconduct. We understand that when an officer goes to NJP, it has different consequences than for an enlisted servicemember, making the decision of whether or not to accept more significant. 

We also understand that because officers cannot get jail time or a discharge at a special court-martial, less serious allegations against an officer are more likely to go to a general court-martial. We have defended military officers at Article 32 hearings and General Court-Martial, we have helped them prepare for NJP, and we have protected officers’ careers at Boards of Inquiry. We understand that the rules often differ in officer cases.

What Constitutes Conduct Unbecoming of an Officer

Conduct that constitutes unbecoming of an officer includes acts of dishonesty, cruelty, lawlessness, or lacking moral standards.

Military misconduct cases for officers differ significantly from those involving enlisted personnel. While the UCMJ applies to everyone, officers face unique administrative and judicial hurdles.

As a military officer misconduct defense lawyer, we frequently handle cases involving:

• Article 133 (Conduct Unbecoming an Officer and a Gentleman): This broad article covers any act that dishonors or disgraces the officer personally or the officer corps as a whole.
• Article 92 (Failure to Obey Order or Regulation): Often cited in cases involving administrative lapses or failure to follow specific command directives.
• Sexual Misconduct and Article 120: Allegations that can lead to General Courts-Martial and lifetime sex offender registration.
• Officer Grade Determinations (OGD): If you are facing retirement while under investigation, an OGD can force you to retire at a lower rank, costing you hundreds of thousands of dollars in lifetime benefits.
• Letters of Reprimand (GOMOR/LOA): While technically administrative, a General Officer Memorandum of Reprimand (GOMOR) placed in your permanent file is often a "career killer" for an officer.

Understanding the Military Justice System

Navigating the complexities of the military justice system can be overwhelming, especially if you or a loved one is facing allegations of officer misconduct. At The Hanzel Law Firm, we believe that knowledge is power. Our experienced attorneys are committed to educating our clients about the military legal process and their rights.

To aid in your understanding, here’s a brief overview of how the military justice system operates:

• Different Branches, Different Rules: Each branch of the military has its own set of regulations and procedures that govern conduct and disciplinary actions.
• Types of Proceedings: Understand the difference between Article 15 non-judicial punishment, court-martials, and administrative actions, and how they can affect your career and future.
• Rights of the Accused: Service members have specific rights, including the right to legal representation and the right to appeal certain decisions.
• Importance of Evidence: The impact of evidence, witness testimonies, and the nature of the allegations can significantly influence the outcome of your case.

Our legal team at The Hanzel Law Firm is dedicated to guiding you through each step, ensuring that you are well-informed and empowered to make the best decisions for your future. If you’re facing military charges, don’t hesitate to reach out for a comprehensive consultation.

Penalties and Collateral Consequences of Officer Misconduct

The consequences for an officer accused of misconduct are multi-dimensional. Unlike the civilian sector, a military "conviction" or even a "finding" of misconduct can trigger a cascade of administrative actions.

Judicial Penalties (Court-Martial)

• Dismissal: The officer equivalent of a Dishonorable Discharge. It results in the total loss of all veteran benefits and carries a permanent social stigma.
• Confinement: Time served in a military brig or prison.
• Forfeiture of Pay: A significant financial blow to the officer and their family.

Administrative and Collateral Consequences

• Board of Inquiry (BOI) / Show Cause Board: You may be required to "show cause" as to why you should be retained in the military. This can lead to an Administrative Separation with an "Other Than Honorable" (OTH) characterization.
• Promotion Stoppage: An investigation (flag) will halt any pending promotions, often leading to non-selection and mandatory separation under "up or out" policies.
• Security Clearance Revocation: Misconduct allegations often lead to the suspension of Top Secret or Secret clearances, making it impossible to perform your duties.
• Loss of Retirement Pay: If you are forced out before reaching 20 years, or if an OGD reduces your retirement grade, the financial loss is astronomical.

Is a Military Court-Martial a Felony?

A military court-martial is usually tried as a felony court and may try anyone subject to the UCMJ, including enlisted members, officers, and midshipmen. The accused has a right to be represented by military attorneys. A general court-martial may deliver any punishment not prohibited by the UCMJ, including death when specifically authorized. Contact us if you need help with navigating military court-martials.

Fighting to protect your rights, career & future. Call our firm at (843) 202-4714 today to learn more about what we can do for you at this critical time.