Military Whistleblower Protections–or not

January 23, 2026 | The Law Office of Philip D. Cave

Below is a focused summary of Truth-Telling in the Military: A Guide to Whistleblowing for Service Members by the Government Accountability Project, with particular attention to how Cave & Freeburg can help service members navigate the rules, risks, and procedural traps.

If you have made or intend to make a complaint that could be described as you being a whistleblower, read below. At that end, we have a checklist for you. Fill out the checklist and send it to us at mljucmj@court-martial.com. We will review it and schedule a time to discuss.

Executive Summary (Bottom Line)

Full Acquittal, Career Saved: How Cave & Freeburg Won a General Court-Martial at Quantico

January 23, 2026 | The Law Office of Philip D. Cave

When a Marine Gunnery Sergeant faced a life-altering court-martial at Quantico, the prosecution alleged dereliction of duty leading to death arising from an incident during an Africa deployment. The charge carried severe criminal exposure and the very real prospect of a destroyed career, lost retirement, and permanent stigma. The stakes were as high as they come in military justice.

Cave & Freeburg, LLP stepped in. What followed was a model of meticulous investigation, disciplined pretrial litigation, and aggressive courtroom advocacy—culminating in a full acquittal and the restoration of a Marine’s reputation.

Background: The Government’s Theory

United States v. Rosario, NMCCA No. 202400297 (Dec. 19, 2025)

January 22, 2026 | The Law Office of Philip D. Cave

1. Charges and Sentence

Charge and Specification

Appellant, Private First Class Avery L. Rosario, U.S. Marine Corps, pleaded guilty to:

United States v. Howard, NMCCA No. 202400300 (Dec. 18, 2025)

January 20, 2026 | The Law Office of Philip D. Cave

1. Charges and Sentence

Charges (Plea):

One specification of violating a lawful general order (fraternization) in violation of Article 92, UCMJ.

Undocumented military spouse

January 19, 2026 | The Law Office of Philip D. Cave

If you are on active duty and married to an undocumented “alien,” you have two concerns (1) how to get your spouse “legal,” and (2) avoiding disciplinary action.

Your Legal Jeopardy

Service members often ask whether marrying or living with an undocumented spouse exposes them to court-martial. The short answer is yes, in limited and fact-specific circumstances—but the risk most often arises from paperwork and benefits errors, not from marriage itself.

United States v. Guzman

January 17, 2026 | The Law Office of Philip D. Cave

1. Charges and Sentence

Charges/Specifications:

The appellant, Chief Hospital Corpsman (E-7) Marvin B. Guzman, U.S. Navy, was tried by general court-martial at Naval Base San Diego, California, and convicted by members with enlisted representation of:

UCMJ indecent exposure and the preemption doctrine

January 16, 2026 | The Law Office of Philip D. Cave

United States v. Marschalek, No. ACM S32776 (A.F. Ct. Crim. App. Jan. 16, 2026).

1. Charges and Sentence

Special Court-Martial, RAF Lakenheath, United Kingdom.

United States v. Clark, NMCCA No. 202400217 (N-Marine Corps Ct. Crim. App. Dec. 30, 2025) unpublished opinion

January 15, 2026 | The Law Office of Philip D. Cave

1. Charges and Sentence

Accused: Hospital Corpsman Petty Officer First Class (E-6) Anthony M. Clark, U.S. Navy.

Charges (UCMJ):

J’recuse (I recuse)

December 13, 2025 | The Law Office of Philip D. Cave

**Why Judicial Recusal Protects You in a court-martial**

A Cave & Freeburg, Military Lawyers, Client Explainer

When you face investigation, adverse administrative action, or court-martial, one principle stands above all others: your case must be heard by a fair and impartial judge. The military justice system—like every American court—recognizes that justice collapses when a judge appears biased or influenced. Recusal, the process by which a judge steps aside, protects your right to a neutral decision-maker.

December 11, 2025 | The Law Office of Philip D. Cave

Cave & Freeburg, Military Defense Counsel

It is Holiday-Season

At Cave & Freeburg, we represent service members worldwide. One of the most common questions we receive each beginning after Thanksgiving is how will the holidays affect my case.