article 15 Tag Archives — Court-Martial Trial Practice Blog

Sexual harassment

April 23, 2022 | The Law Office of Philip D. Cave

Well, calls for change to the new changes for the prosecution of sex crimes have already begun. During the Conference over the NDAA FY 22, sexual harassment was removed from the list of covered offenses under the jurisdiction of a special trial counsel (STC). But, the President was tasked to enumerate an offense of sexual harassment under UCMJ art. 134. The President did so (along with other changes) in Executive Order 14062, of January 26, 2022, Annex at 21.

(1) That the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
(2) That such conduct was unwelcome;

Crystal gazing

June 22, 2010 | The Law Office of Philip D. Cave

Well, we have a general idea of what GEN McChrystal is accused of saying, as well of supposed statements of other officers. As I was driving home today I heard a story that he’d submitted a resignation – from the Army, or his current position? USA Today has this piece in which they report a resignation and a denial that a resignation has been submitted. There are so many puns about crystal and star gazing. But sadly there’ll be little humor in what’s going on. From a military justice practice perspective, how many clients have been accused and disciplined for similar types of disrespect?

The LA Times has this piece about the increasing politicalization of the military (something I somewhat tongue in cheek commented was behind LTC Lakin’s contumacy):

Army Gen. Stanley A. McChrystal’s criticism of Obama administration officials symbolizes an accelerated partisanship of the officer corps.

Shoplifting up

January 2, 2010 | The Law Office of Philip D. Cave

A pun too close to call. Article 15 and court-martial could be on the horizon for more Marines.

Smile, you’re on security cameras.

Despite the field overhead of video surveillance at the exchanges aboard Camp Lejeune and Marine Corps Air Station New River, N.C., Marines are betting the odds they won’t get caught stealing.

UP

December 23, 2009 | The Law Office of Philip D. Cave

Some news stories:

"US: SOLDIERS FORCED TO GO AWOL FOR PTSD CARE." Inter Press Service English News Wire. 2009. HighBeam Research. (December 23, 2009). http://www.highbeam.com/doc/1P1-174196126.html

With a military health care system over-stretched by two ongoing wars in Afghanistan and
Iraq, more soldiers are deciding to go absent without leave (AWOL) in order to find treatment for post-traumatic stress disorder (PTSD).

“Deserter” held at Bagram

November 16, 2009 | The Law Office of Philip D. Cave

Military.com reports:

A Maryland Soldier is in Army custody and classified as a deserter — unfairly, relatives say — after he extended a two-week midtour leave to take care of his sick wife and their new baby.

U.S. Rep. Roscoe Bartlett has lobbied the secretary of the Army to investigate whether the Army mistreated 20-year-old Pfc. Christopher Pfeiffer of Westminster. Fort Detrick officials have also worked to remedy his situation.