Author: Stephanie Kral
Article 93 UCMJ: What is Cruelty and Maltreatment of Subordinates?
Article 93 UCMJ: What is Cruelty and Maltreatment of Subordinates? Article 93 gets invoked in a wide range of situations: a Chief who was hard on an underperforming Sailor, an NCO accused of playing favorites and freezing someone out, a supervisor whose management style a subordinate found humiliating. Some of those situations are legitimate Article 93 cases. A lot of them aren’t, because the offense has real boundaries, and “I don’t like my boss” isn’t…
Facing a Board of Inquiry?
Facing a Board of Inquiry? What Officers Should Expect From Notification to Final Decision A notice directing you to show cause for retention can put your commission, your characterization of service, and your retirement at risk at the same time. You may also have only days to make your first major decision. A Board of Inquiry (BOI) is an administrative proceeding, not a criminal trial. It cannot convict you or sentence you to confinement. But…
Standard of Proof at an ADSEP Board
Why You Can Be Separated Without a Conviction: The ADSEP Board Standard of Proof Many service members assume that if the government could not convict them, or never tried, the military cannot kick them out. That assumption is wrong. An administrative separation (ADSEP) board is not a criminal trial. It uses a lower standard of proof, looser rules of evidence, and a different purpose. Understanding those differences is the first step to defending your career….
Don’t Go Down the Reddit Rabbit Hole
It’s 0100. You missed a formation, or you got called into your First Sergeant’s office, or your command mentioned the word “investigation,” and now you can’t sleep. So you do the only thing you can think of: you open your phone and type your situation into Reddit. Ninety minutes later you’ve read forty replies from forty strangers, and you’re convinced you’re getting a dishonorable discharge, forfeiting all pay, and shipping off to Leavenworth — over…
7 Mistakes That Can Cost You Your ADSEP Board
7 Mistakes That Can Cost You Your ADSEP Board An administrative separation (ADSEP) board can decide whether you keep your career, your benefits, and your Honorable characterization. Many of those cases are not lost in the hearing room. They are lost in the days and weeks before, through decisions made quickly, without advice, and under pressure from the command. Here are the mistakes we see most often, and what to do instead. 1. Waiving Your…
Gone AWOL? What to Do in the First 48 Hours
Gone AWOL? What to Do in the First 48 Hours Maybe you left after a fight with your chain of command. Maybe a family emergency pulled you away, or you hit a point where you could not walk back through the gate. However it happened, you are now absent without leave (AWOL), or unauthorized absence (UA) in the Navy and Marine Corps, and every day you stay gone makes your situation harder. What you do…
How to Modify or Remove a Military Protective Order
How to Modify or Remove a Military Protective Order A Military Protective Order (MPO) can turn your life upside down overnight. It can keep you out of your home, away from your children, and cut off from your belongings, often before anyone has heard your side of the story. The good news is that an MPO is not necessarily permanent. The commander who issued it can change it or cancel it. The bad news is…
AWOL vs. Desertion: Why the Difference Changes Your Maximum Punishment
AWOL vs. Desertion: Why the Difference Changes Your Maximum Punishment A service member missed movement, didn’t report back from leave on time, or has been gone for weeks and doesn’t know what they’re walking back into. The word “AWOL” gets used loosely, by the service member, by their family, sometimes even by their own command, to describe all of it. But AWOL and desertion are two different offenses under the UCMJ, with two very different…
Administrative Separation vs. Court-Martial: Which Hurts Your Record More?
Administrative Separation vs. Court-Martial: Which Hurts Your Record More? Clients almost always start from the same assumption: a court-martial is the worst-case outcome, and an ADSEP board is the lesser one. That instinct is understandable. A court-martial sounds like the more serious proceeding, and in terms of what’s immediately at stake — confinement, a punitive discharge, a federal conviction — it usually is. But “which one is worse for my record” isn’t the same question…
ADSEP Board Prep Checklist: What to Gather Before Your Hearing
ADSEP Board Prep Checklist: What to Gather Before Your Hearing By the time most service members call us about an administrative separation board, they’ve already been notifie, and they’re working against a clock. Unlike a court-martial, an ADSEP board moves fast, and what you show up with matters as much as what your attorney argues on your behalf. We represent respondents at ADSEP boards across Naval Base San Diego, MCAS Miramar, Camp Pendleton, and the…
What Counts as Violating a Military Protective Order?
What Actually Counts as Violating a Military Protective Order (And What Doesn’t) If you’ve been served with a Military Protective Order (MPO), the order itself is usually short — a page, maybe two — but the consequences of getting it wrong are not. We field calls from service members who did something they didn’t think was a big deal — replied to a text, showed up somewhere they didn’t expect the protected party to be,…
Can You Be Prosecuted for Off-Duty Conduct?
Understanding UCMJ Jurisdiction If you’ve been arrested off-base and your command has been notified, you’re likely facing one of the most stressful situations of your military career. You may be wondering: Can the military prosecute me for something I did off-duty? What happens now that my command knows? Could I face charges in both civilian and military court? These are legitimate concerns, and the answers matter significantly for your future. At Kral Military Defense, we…
Does a Military Protective Order Follow You Off Base?
Does a Military Protective Order Follow You Off Base? Yes, and this is one of the most consequential misunderstandings we see. Service members frequently assume a Military Protective Order is a base-installation rule, something enforced at the gate and irrelevant once they’re off Naval Base San Diego, MCAS Miramar, Camp Pendleton, or the limits of wherever you are stationed. It isn’t. An MPO is an order from your commander to you, personally, and it travels…
Your Rights During Military Cell Phone Searches
A Complete Guide for Service Members If you’re a service member facing an investigation where your cell phone may be seized, understanding your rights is crucial. Your digital devices contain some of your most private information, and the military justice system has specific rules governing when and how these devices can be searched. This guide will help you navigate the complex intersection of Fourth Amendment protections and military law enforcement investigations. Your Constitutional Rights Still…
Article 92 Violations: From Minor Infractions to Major Misconduct
Understanding failure to obey orders and regulations, including how minor violations can escalate If you’re a servicemember facing an Article 92 charge, you’re likely feeling overwhelmed and uncertain about what comes next. Article 92 of the Uniform Code of Military Justice (UCMJ) covers “Failure to Obey Order or Regulation,” and it’s one of the most commonly charged offenses in military courts. What many servicemembers don’t realize is that Article 92 violations exist on a broad…
Secretary Hegseth’s Charlie Kirk Directive
Your Rights and Risks as Social Media Investigations Begin The Bottom Line Up Front: Defense Secretary Pete Hegseth has ordered Pentagon staff to identify service members who made negative posts about conservative activist Charlie Kirk following his assassination. Multiple service members have already been relieved from their positions. If you’re facing investigation for social media activity, understanding your legal rights and the applicable regulations is crucial to protecting your career. The Current Situation: What’s Happening…
How to Handle CID, NCIS, or OSI Contact Without Making It Worse
When military investigators from CID, NCIS, or OSI contact you, the decisions you make in the first few moments can determine the entire trajectory of your case. Whether you’re dealing with allegations of sexual assault, domestic violence, drug offenses, or any other serious matter, how you respond to investigator contact is critical to protecting your future, your career, and your freedom. The Reality of Military Investigations Military law enforcement agencies—Naval Criminal Investigative Service (NCIS) for…
Military Justice for Junior Enlisted
Military Justice for Junior Enlisted: Why You’re Most at Risk and How to Protect Yourself If you’re a junior enlisted servicemember, you need to understand a harsh reality: the military justice system doesn’t treat everyone equally. While senior personnel often have more protections and resources when facing disciplinary action, junior enlisted personnel like you bear the brunt of UCMJ enforcement and face unique vulnerabilities that can derail your career before it even gets started. The…
Article 32 Hearings: The Preliminary Hearing Officer
The Role of the Preliminary Hearing Officer at an Article 32 Hearing If you’re facing a general court-martial, the Article 32 preliminary hearing represents one of the most critical stages in your case. At the center of this proceeding sits the Preliminary Hearing Officer (PHO), whose role and recommendations can dramatically shape the trajectory of your entire case. Understanding what this officer does and how their decisions impact your future is essential for any servicemember…
Understanding the VA Character of Discharge Review: New Opportunities Under the 2024 Regulatory Changes
Veterans seeking access to VA benefits face numerous challenges, but one of the most significant barriers has historically been the character of their military discharge. If you received an Other Than Honorable (OTH), Bad Conduct Discharge (BCD), or other less-than-honorable discharge, you may have been told you’re ineligible for VA benefits. However, significant changes effective June 25, 2024, may have opened new pathways to the benefits you’ve earned through your service. What is a VA…
What is Double Jeopardy in the Military?
Double Jeopardy and the UCMJ: Why Military Members Face Unique Legal Challenges For civilian defendants, the concept of double jeopardy is relatively straightforward: you cannot be tried twice for the same crime. However, for members of the U.S. military, the legal landscape is far more complex. Service members operate under a dual jurisdiction system that can expose them to multiple prosecutions and various forms of military discipline that would surprise most civilians. Understanding Double Jeopardy…
Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards
Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards Military justice operates under its own unique set of procedures and rules of evidence, yet many servicemembers facing allegations don’t fully understand how evidence works in these proceedings. If you’re currently facing accusations of sexual assault or domestic violence, understanding these concepts could be crucial to your defense. Burden of Proof in Military Trials In military courts, just like civilian courts, the prosecution must…
Testifying in Your Own Defense at a Court-Martial
Should You Testify in Your Own Defense at a Court-Martial? One of the most critical decisions a military service member faces during a court-martial is whether to testify in their own defense. This decision can significantly impact the outcome of your case, and it should never be made lightly. Let’s explore the advantages and disadvantages of taking the stand, and why this decision must be carefully considered with experienced legal counsel. The Right to Remain…
The Effective Use of Character Witnesses
The Impact of Character Witnesses in Military Court-Martial Proceedings When facing a court-martial, administrative separation board, or board of inquiry, the testimony of character witnesses can significantly influence the outcome of your case. These witnesses provide valuable insight into your character, reputation, and military service that may counter the prosecution’s narrative. At Kral Military Defense, we understand how properly prepared character witnesses can make a meaningful difference in your defense strategy. What Are Character Witnesses…
Social Media and Military Careers: Navigating the Digital Minefield
The Double-Edged Sword of Social Media for Service Members In today’s interconnected world, social media platforms have become an integral part of our daily lives. For military personnel, however, these digital spaces present unique challenges and risks that can significantly impact careers and operational security. While social media offers valuable ways to stay connected with family and friends, the same platforms can become career-ending liabilities when misused. Understanding the Military’s Social Media Regulations The Department…
