administrative separation. Tag Archives — Court-Martial Trial Practice Blog

Transgender-plus

March 7, 2025 | The Law Office of Philip D. Cave

As military defense lawyers, we at Cave & Freeburg, LLP, along with Brenner Fissell, are representing transgender-plus servicemembers navigating the Trump executive orders.

A History of Transgender and Gender Dysphoria Persons in the U.S. Military

The history of transgender individuals and those experiencing gender dysphoria in the U.S. military has varied in periods of exclusion, evolving policies, legal challenges, and eventual inclusion efforts. The regulatory framework surrounding transgender military service has shifted based on changing presidential administrations, military directives, and judicial rulings.

In the court of adverse administrative actions

December 5, 2010 | The Law Office of Philip D. Cave

Not completely off topic, the Army Times reports:

Soldiers are dangerously starving themselves, gobbling diet pills and laxatives — even going under the knife in costly liposuction surgery — all to meet the Army’s weight standards and avoid losing their careers.

ACCA on post-trial honorable discharges

September 15, 2010 | The Law Office of Philip D. Cave

Here is a link to United States v. Brasington., decided 13 September 2010. It is not unusual for an appellant to be issued a DD214, Honorable Discharge, sometime after a court-martial at which the appellant was adjudged a punitive discharge.

In this case, we are asked, following remand, whether an honorable discharge, effective after this court’s affirming a sentence that included a bad-conduct discharge, has the effect of remitting that discharge. We hold appellant’s administrative discharge was voidable, properly voided, and did not remit appellant’s premature discharge.

This was a rather odd situation because the appellant was an active duty Soldier and it was the Reserve command giving him the discharge. ACCA found that the Commander, HRC-StLouis had no authority to discharge appellant.

Up periscope

July 11, 2010 | The Law Office of Philip D. Cave

Coast Guard reports indicates that:

Rear Adm. Gary T. Blore, commander of the Thirteenth Coast Guard District, has relieved Capt. Fredrick G. Myer from his duties as commander of U.S. Coast Guard Sector Portland, Ore., Friday, citing alleged misconduct due to a violation of military regulations, specifically unauthorized use of a government computer.

Specifically, Capt. Myer was found, during an investigation, to have repeatedly viewed pornographic and other restricted internet sites on a government computer.

Fouled by sports again

June 28, 2010 | The Law Office of Philip D. Cave

Navy Times reports:

The AP

A sprawling financial scandal at the Naval Academy — involving extravagant parties and a “slush fund” — was an embarrassment that helped lead to an early exit for the school’s superintendent, Navy Times has learned.

Vice Adm. Jeffrey Fowler faced “administrative action” in April as a result of a year-long Naval Inspector General’s investigation, said Rear Adm. Denny Moynihan, the Navy’s top spokesman.

Post-trial administrative discharges

June 23, 2010 | The Law Office of Philip D. Cave

CAAF’s journal for 22 June 2010 notes:

No. 10-0468/AR. U.S. v. Sonya M. WATSON. CCA 20080175. Review granted on the following issue:

WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL.

Mother accepts discharge in lieu of trial

February 11, 2010 | The Law Office of Philip D. Cave

An Army specialist who refused deployment to Afghanistan because no one was available to care for her infant son in her absence has agreed to leave the military instead of facing a court-martial, service officials said.

As part of the agreement 21-year-old Spc. Alexis Hutchinson will be stripped of her rank and become ineligible for future military or veterans benefits, according to a release from Army Forces Command.

[T]he Army Forces Command disputed [her] version of events.