The Military Justice Center Fayetteville Criminal Defense Lawyer | Military Law 2026-07-14T16:43:33Z https://www.militaryjusticecenter.com/feed/atom/ WordPress /wp-content/uploads/sites/1604750/2022/04/cropped-site-identity-32x32.jpg On Behalf of The Military Justice Center <![CDATA[Surviving a Fort Bragg Investigation]]> https://www.militaryjusticecenter.com/?p=50148 2026-07-14T16:43:33Z 2026-07-14T16:43:33Z The initial notification Often, the first time you are told an investigation is during a counseling notifying you that you are "flagged." This leads to the suspension of favorable personnel actions, including promotions, awards and favorable transfers. A flag is a procedural requirement and not a finding of guilt.

Understanding the AR 15-6 investigation

An AR 15-6 investigation is a process Commanders use to gather evidence to make informed decisions regarding allegations of misconduct. An investigating officer (IO) is appointed to interview witnesses, collect evidence, and put together a report for the commander. Unlike a court-martial, the standard of proof is lower in an AR 15-6 investigation. The IO only needs a preponderance of the evidence to decide whether it is more likely than not that the misconduct occurred.

Asserting your absolute rights

While facing a command investigation, remember that you still hold certain rights. You can protect yourself by exercising the following prerogatives:
  • The right to remain silent: You do not have to make a statement, and staying silent cannot be used as proof that you are guilty.
  • The right to be informed: Before an IO questions you, they must inform you of all of your rights and the general nature of the allegation(s) against you.
  • The right to counsel: You can talk to a lawyer, either through Trial Defense Services (TDS) or a civilian military defense attorney.
Understanding this helps you avoid common pitfalls that can affect the outcome of your case.

Potential outcomes of the investigation

If the IO finds the allegations substantiated by a preponderance of the evidence, it means they believe that there is sufficient evidence against you. This finding does not always mean you will receive criminal punishment. The commander may initiate the following actions:
  • Administrative separation
  • Article 15
  • A General Officer Memorandum of Reprimand (GOMOR)
Conversely, an allegation that is unfounded typically results in a closed case with no punitive action.

Seeking counsel early

The window between the start of a command investigation and action against you is the most critical time to build your defense. Early intervention by a lawyer can help steer the probe toward an unfounded conclusion or a lesser administrative action.  ]]> On Behalf of The Military Justice Center <![CDATA[Beyond the OTH: A guide to military discharge updates]]> https://www.militaryjusticecenter.com/?p=50140 2026-05-29T22:31:06Z 2026-06-05T22:27:01Z Naval Discharge Review Board (NDRB) can theoretically review the discharge records for individual service members and alter what shows up during background checks.

When is a discharge upgrade possible?

In scenarios where service members receive an OTH discharge, the record implies an issue with the service member’s history with the military. Issues with discipline, unauthorized absences and other challenges may result in an OTH discharge that limits a service member’s opportunities and eligibility for military benefits, although some veteran benefits are likely available. For those hoping to upgrade their records, working with an attorney to petition the BCMR or NDRB can be helpful. Especially in scenarios where individuals experienced something traumatizing during their service and developed post-traumatic stress disorder (PTSD), evidence of their diagnosis and mental health challenges could convince the relevant board reviewing the situation to upgrade their discharge. Similarly, compassionate consideration is often available to those who sustained traumatic brain injuries (TBIs) during their service. TBIs could be the result of blunt-force trauma due to a blow to the head or percussive force caused by explosions. Regardless of the origins of a service-related TBI, the impact that a brain injury has on a person's behavior, cognition and personality can influence what the BCMR or NDRB decides is appropriate. If there is evidence showing that the discharge was the result of a TBI, PTSD or other mental health challenges, the board reviewing the case must provide liberal consideration of the health challenges and how they may have affected the job performance of the service member. Review boards often need to assume that mitigating factors are present when there is medical evidence validating that a TBI, PTSD or another mental health challenge impacted the service member’s behavior and their discharge. The attorney assisting the service member generally needs compelling evidence, including both treatment and diagnostic paperwork for medical professionals. Both records from the VA and from private medical practitioners can help substantiate the assertion that behavioral or performance issues stemmed from their medical challenges. Even letters submitted from friends and family can highlight how a person's behavior changed following the development of their invisible injuries.  Discharge upgrades can have a profound impact on the service member who received an OTH discharge. Working with an attorney familiar with discharge upgrades is critical for those hoping to update military records to reflect the reality of their circumstances.]]> On Behalf of The Military Justice Center <![CDATA[What happens after a DWI charge on Fort Bragg?]]> https://www.militaryjusticecenter.com/?p=50139 2026-05-29T19:29:00Z 2026-05-29T19:28:12Z A driving while intoxicated (DWI) charge on Fort Bragg, which extends beyond the gates, can affect more than your driving record. Because the installation operates under federal authority, you may face overlapping consequences that can influence your military status, career path and daily responsibilities.

How do military authorities handle DWI charges on a base?

When military police stop you for suspected impaired driving on Fort Bragg they will administer the traditional sobriety tests and then issue citations and a court date. From there, your case often moves in two directions within the federal system. One path involves military discipline under the Uniform Code of Military Justice. The other path may involve federal prosecution using North Carolina impaired driving laws to define what counts as DWI. Even though the incident happens on a federal installation, the Court will rely on state rules through the Assimilative Crimes Act. That means federal authorities may use North Carolina law to decide whether the conduct counts as DWI, even though the case stays in the federal system instead of state court.

What are the possible military consequences?

A DWI on base may affect your military standing in several ways. The Chain of Command will consider several factors to determine their response to the charge. Their decision often depends on your rank, service history and the specific facts of the stop. Command teams usually have discretion when deciding how to respond, so results can vary. You may face consequences such as:
  • Loss of driving privileges on base, which will limit your ability to travel for work or daily needs
  • Required alcohol education or treatment programs
  • Administrative actions, such as a Letter of Reprimand, that may affect promotions or assignments
These outcomes may also influence your security clearance or job assignments, since your command may review your judgment and reliability as part of its decision-making.

What is the federal court process like?

Because Fort Bragg falls under federal jurisdiction, a Federal Magistrate Judge will hear these matters instead of a North Carolina state judge. Depending on the facts, a first offense DWI under the adopted state law may lead to fines, probation or other penalties. It may also affect your civilian driver’s license through state motor vehicle authorities. Since the military and federal systems operate separately, you may need to follow requirements in both at the same time.

What can you expect next?

After a DWI charge on Fort Bragg, the process often moves through an investigation, command review and federal court scheduling. Each step may affect the next, depending on the details of the case and how authorities evaluate the situation.

Understanding your legal situation

A DWI on a military installation can involve both military law discipline and federal court proceedings. Because these systems can overlap, understanding how they work together may help you stay aware of what could happen as your case moves forward.]]> On Behalf of The Military Justice Center <![CDATA[Examining a service member’s rights at an Article 15 hearing]]> https://www.militaryjusticecenter.com/?p=50104 2026-04-16T03:58:49Z 2026-04-16T03:58:49Z The military has no tolerance for misconduct, no matter how minor. With this in mind, service members must act immediately when accusations of Uniform Code of Military Justice (UCMJ) violations are brought against them, as any offense could lead to severe repercussions that have the potential to affect careers. ​ Individuals in the armed forces accused of engaging in conduct unbecoming of a service member could find themselves in a dire situation, which may involve being asked to be present at an Article 15 hearing.

What is an Article 15 hearing?

The military has a wide array of tools at its disposal for handling service member misconduct. One of the most commonly employed methods for addressing minor misconduct is an Article 15 hearing. Article 15 hearings are non-judicial punishment for UCMJ violations and are conducted to instill good order and discipline at a Commander’s level without pursuing a Court Martial.
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A commander will conduct the hearing and examine the evidence against the service member, in addition to any evidence provided by the accused. Once the evidence has been presented, the commander will decide if the accused is guilty of the allegations against them and hand down the appropriate punishment.
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A summarized Article 15 is the lowest level of Article 15.
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More severe offenses may require a Command Grade Article 15 hearing, in which a commander will supervise the process. Guilty personnel could face up to 14 days of restriction and extra duties, admonishment, forfeiture of pay for a week and a reduction in rank.
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A Field Grade Article 15 is the next most severe type and conducted by a Battalion Commander or higher. The punishments associated with this type of hearing include up to 45 days of extra duty and restriction, a verbal reprimand, forfeiture of 50% of pay for two months and a rank reduction.

What rights do accused service members have?

As with any hearing or trial, the accused always has rights. First, personnel have the right to retain legal representation. Individuals also have the right to examine the evidence and allegations against them. Furthermore, service members retain the right to appear at the hearing, remain silent, have a spokesperson advocate for them and present evidence to refute the accusations. Personnel can also refuse to appear at an Article 15 hearing and opt for a court-martial trial instead if they wish. Finally, if they are found guilty, the accused can appeal the decision, but they must do so within five days. There is much to consider when confronted with the reality of attending an Article 15 hearing. A law firm with extensive military law experience can help personnel determine if appearing at the hearing is in their best interest or if they should request a court-martial trial. Legal representation can also help individuals construct a case that shows them in a positive light.]]> On Behalf of The Military Justice Center <![CDATA[Security clearance problems: how revocations happen and how to fight them]]> https://www.militaryjusticecenter.com/?p=50135 2026-04-06T20:33:59Z 2026-04-06T20:33:03Z Service members whose security clearances have been suspended may be on the brink of losing their entire military careers. Regardless of why an individual’s security clearance was suspended, personnel need to take swift action to protect their position in the military and to avoid a complete separation. By taking the proper measures, military members can successfully defend themselves and have their security clearance reinstated.

When will the military suspend an individual’s security clearance?

Numerous actions or criminal offenses can lead to a service member losing their security clearance such as criminal misconduct, financial issues, or drug or alcohol-related problems which can be presumed to be in violation of personal conduct guidelines or violated security measures in the past.
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When a commanding officer has learned of improper conduct or a criminal conviction and they intend to suspend or revoke the clearance, they will send the matter to DSCA. DSCA will then send the member a Statement of Reasons (SOR) outlining the reasons for revoking their security clearance. This is not the end of the process, however. Personnel do have the opportunity to advocate for themselves.

How can service members regain their security clearance privileges?

Upon receiving a Statement of Reasons, service members will have a deadline of 30 days to challenge the loss of their security clearance. Personnel should make sure to collect court records, financial documents, debt repayment notices, treatment records and character references or other information related to the allegations they face.
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After gathering sufficient evidence, filing a written response or requesting a hearing should be a service member’s next step. Taking these steps can help personnel construct a case that has a strong probability of success. Service members should be careful not to engage in this process alone, however. By seeking information or guidance from a knowledgeable military law attorney, military personnel can be sure that they are using every option available to regain their privileges.

Protecting security privileges for local service members

Receiving a SOR can completely change a service member's career. But, personnel do have the opportunity to explain themselves and prove that one action or mistake does not define their entire career. Upon receipt of an SOR, service members should immediately attempt to secure legal guidance to maximize their chances of overturning a security clearance suspension and to protect their military careers.
]]> On Behalf of The Military Justice Center <![CDATA[What service members need to know about the military separation process]]> https://www.militaryjusticecenter.com/?p=50102 2026-03-09T17:02:21Z 2026-03-09T17:02:21Z Service members who do not follow the military’s regulations or code of conduct could find themselves facing profound consequences such as a permanent separation from their branch of the military.
The ability to appear in front of a Board applies only in certain circumstances. However, all Service Members have some due process rights to respond. To provide the most persuasive response, it is imperative to find and retain knowledgeable legal representation to have any chance at staying in uniform.

What is an Administrative Separation Board?

An Administrative Separation Board is available to Service members who are facing an Under Other Than Honorable characterization of service or has a certain number of years in service. This is service dependent. A board is a hearing and it consists of three Senior Leaders who are tasked with evaluating the evidence and then deciding the following: 1) did the alleged misconduct occur; 2) if so, should the Service member be separated; and 3) if yes to both previous questions, what characterization of service should they receive. ​ Unlike the court-martial process, administrative separation is administrative and not punitive. Consequently, the standard of proof for the Government is far less – preponderance of the evidence rather than beyond a reasonable doubt.

The administrative separation process

Service members will learn of the military’s plan to separate them from their duties through a formal notice. Upon receiving a formal notice, military personnel should promptly find legal counsel to defend themselves. Then, the board date will be set. The board is where the Government has to prove their case. ​ It is also the opportunity for the Servicemember to offer evidence and bring in their own witnesses to defend against the allegations and prove military character. One of the rights at the board is the ability to cross-examine and witness the Government cals. ​ Then the board will assess the evidence presented by both sides and make its findings and recommendations. The board deliberates in a closed session outside the presence of any other party. Once they have answered the three questions in order, they will call the parties back on the record and announce their decision.

What are the consequences of a separation?

Separation from the military for any other reason than the end of the expiration of term of service or retirement could affect VA benefits as well as the future possibility of reenlisting. It could affect things such as taking advantage of the Post-9/11 GI Bill, VA Home loans, amongst others. It is important to speak to a VA accredited attorney to fully understand the consequences.

The Fight

The administrative separation process can be daunting and Servicemembers do not need to fight this battle alone. With guidance from experienced and accomplished military lawyers, personnel can build a case to defend their career and their hard-earned benefits.
]]> On Behalf of The Military Justice Center <![CDATA[What happens when you get charged with a DWI on Fort Bragg?]]> https://www.militaryjusticecenter.com/?p=50099 2026-03-03T17:35:38Z 2026-03-03T17:35:38Z The decision to drive while intoxicated can carry significant consequences regardless of where the offense occurred. However, if a member of the military is pulled over on base, such as Fort Bragg, they will not only face immediate military administrative sanctions but federal charges as well. This means servicemembers can expect to appear in federal court which could jeopardize their military career. Military personnel can help minimize the impact by finding legal counsel from attorneys who possess thorough knowledge of both the federal court and military systems.

The immediate process after arrest

After the police perform routine sobriety tests and make their decision to arrest, a servicemember will be compelled to appear in court in front of a magistrate judge. The accused military member will learn of the charges being placed against them and can expect to have their on-base driving privileges revoked. The State of North Carolina will also suspend a servicemember’s civilian license for a period of 30 days. Once the civilian license suspension has been fulfilled, military personnel will still be incapable of driving on Fort Bragg. If found guilty of a DWI, the military member could face the following: supervised probation, community service, monetary sanctions, suspension of their license, and be required to undergo an alcohol assessment.

Military consequences and sanctions

Beyond the civilian consequences, servicemembers could additionally face non-judicial punishments or other adverse consequences from their commanding officer. Convicted military personnel may see a bar to reenlistment, administrative separation, or written reprimands. In some cases, a DWI could result in the loss of a security clearance.

The path forward after being charged

Serious criminal accusations can impact every part of a servicemember’s life, from their driving privileges to their military career and legacy. A local attorney with an understanding of both civilian and military legal systems can pave a path forward to help military personnel protect their freedoms and reduce the impact on their military career.
]]> On Behalf of The Military Justice Center <![CDATA[Why Servicemembers should hire a lawyer before giving a statement]]> https://www.militaryjusticecenter.com/?p=50089 2026-02-10T02:11:34Z 2026-02-06T17:36:49Z The first instinct of a Servicemember who is questioned by their command or law enforcement will likely be to clear things up and defend themselves by providing their side of the story. However, they cannot be forced to make a statement and doing so often is not in their best interest. Before making a statement Servicemembers should speak with an experienced attorney who knows military law.

Potential repercussions of speaking without representation

A statement can be spoken, written, texted, or posted on social media (to name a few) and it can be used against Servicemembers. Additionally, Article 31(b) of the Uniform Code of Military Justice (UCMJ) gives Servicemembers the right to refuse to make an incriminatory statement. Article 31 is similar to Miranda Warnings. Before asked to provide a statement the Servicemember must be informed of their alleged offense, their right to remain silent, the right to counsel, and that any information provided can be used against them.
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Some common risks of providing information with a lawyer’s guidance include:
  • Unintentional admissions
  • Memory errors that ruin credibility
  • Inconsistent statements
  • Statements taken out of context
A single ill advised statement has the power to ruin a military career and potentially expose the individual to their freedom.

What should Servicemembers do if they are questioned without an attorney?

When a Servicemember is called in to be questioned, it often happens very quickly so they may not have time to talk to a lawyer. When this happens, Servicemembers should decline to make any statements or answer any questions.  They should further let the person doing the questioning know they want to speak to an attorney. This request needs to be very clear. Service members should also make note of who questioned them and get their contact information.

How an attorney can help

By speaking with a local and experience attorney, Servicemembers can better understand the situation they find themselves in and protect their rights and the potentially dangerous consequences of making a statement. From the moment a Servicemember obtains legal counsel, an attorney can help them invoke their rights and prevent improper interviews from occurring. A lawyer can additionally create prepared statements, gather evidence and conduct their own investigation.
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Speaking to, and hiring, an accomplished attorney is of the utmost importance for a Servicemember facing questioning.
]]> On Behalf of The Military Justice Center <![CDATA[Key aspects of an Article 32 Preliminary Hearing every Servicemember should know]]> https://www.militaryjusticecenter.com/?p=50078 2025-11-25T14:14:18Z 2025-11-20T08:31:27Z Your Commander just brought you into their office and read a list of charges against you.  You’ve been accused of a serious military offense. Your mind races as you consider what comes next and what this all means. Before any General Court Martial, you have the right to have an Article 32 Preliminary Hearing. This preliminary hearing serves as a crucial checkpoint in the military justice system.  The closest civilian equivalent to this hearing is a Grandy Jury proceeding. Think of it as an opportunity to examine the evidence against you and to hear the Government's theory of the case before facing a full trial. Whether you’re stationed at Fort Bragg or another installation, understanding this process can help you prepare for what lies ahead and protect your rights.

What is an Article 32 hearing? 

An Article 32 Preliminary Hearing is a preliminary proceeding in the Uniform Code of Military Justice (UCMJ). During this hearing, a JAG officer serves as a quasi-judicial official and reviews the evidence against you. The officer then determines whether there’s probable cause and if the charges should be referred to a General Court Martial or some lesser form of disposition.  If you’re facing charges that could result in a General Court Martial, which means potentially a dishonorable discharge and significant confinement, the charges must be examined at an Article 32 Preliminary Hearing.   Beyond its role as a preliminary review, this hearing also serves another important function for your defense. 

Article 32 as a Tool

The Article 32 hearing offers significant benefits beyond analyzing whether there is probable cause. It also serves as your real look at the prosecution’s case against you. During the hearing, you can see what evidence they have and identify possible weaknesses in their arguments.  Additionally, you also have the right to present your own witnesses and evidence. This means that you can introduce testimony or documentary evidence that disputes the charges against you. Thus, getting an attorney heavily involved early in the process allows you build a stronger defense strategy should your case go to court-martial. 

An opportunity to challenge the charges

The Article 32 hearing can be a powerful tool to fight back. It allows you to attack the Government's evidence against you. Attacking its strength and credibility has multiple long term case benefits.  Additionally, you can demonstrate that the evidence does not meet the probable cause standard. You can argue that their allegations lack factual support or that they rely on unreliable testimony. If successful, this can prevent your case from advancing to court-martial. 

Why you need legal help during the hearing

Navigating an Article 32 hearing without seasoned legal representation puts you at a serious disadvantage. Military law is complex, and the procedures can be confusing. An experienced military defense attorney understands the nuances of the UCMJ and can protect your interests.  Whether you are facing this hearing at Fort Bragg or at other installations, you shouldn't face this critical proceeding alone. Secure a qualified legal counsel as soon as you learn about your charges. Your future depends on the decisions you make now.]]> On Behalf of The Military Justice Center <![CDATA[Difference between a DUI vs. alcohol-related misconduct?]]> https://www.militaryjusticecenter.com/?p=50070 2025-07-24T22:30:36Z 2025-07-24T22:30:36Z DUI vs. misconduct in the military The military separates alcohol-related offenses into two categories: DUI and alcohol-related misconduct. While both are serious, they involve different conduct and follow different legal processes.
  • Behavior involved A DUI involves operating or controlling a vehicle, aircraft or vessel while impaired by alcohol or drugs. Alcohol-related misconduct includes disruptive or unlawful actions under the influence, such as fighting, insubordination or disorderly conduct.
  • Legal classification DUI is charged under UCMJ Article 113, which covers drunken or reckless operation of a vehicle. Various UCMJ articles address alcohol-related misconduct and are guided by DoD Instruction 1010.04, which outlines how the military responds to substance-related behavior.
  • Jurisdiction A DUI may involve both military and civilian courts, depending on where the offense occurred. Misconduct is usually handled within the military justice system.
  • Consequences A DUI can lead to court-martial, license suspension, fines or confinement. Misconduct may result in administrative separation, nonjudicial punishment or mandatory counseling.
  • Impact on career A DUI can affect your military career, including security clearance, promotions and future assignments. Misconduct may lead to negative evaluations, loss of trust or early discharge.
When the line between misconduct and a DUI is blurry, the outcome can be life-changing. Recognizing the difference early empowers you to act strategically.

Why the distinction matters

Misclassifying a DUI or misconduct charge can lead to harsher penalties and career setbacks. Each offense follows a different legal path. With the right legal guidance, you can protect your rights, clarify your situation and move forward with confidence. You don’t have to face the process alone—experienced representation makes a difference.]]>