Military Law & the Uniform Code of Military Justice

The Fitzgerald Law Firm provides military criminal defense representation to airmen, marines, sailors, and soldiers from prosecutions charged under the authority of the Uniform Code of Military Justice. We defend service members at General, Special, & Summary Courts-Martial, Article 15 & 32 Hearings, and Administrative Separations.

As a military member, you have protections the general populace is not entitled to. As a member of the military, you have the right against self incrimination under Article 31, UCMJ. Furthermore, you are entitled to hearing your “warning rights” (also known as the “ Miranda warning”) whenever you are questioned as a suspect of an offense.

Article 31, UCMJ. Article 31 has two main parts:

1. No one subject to the Uniform Code of Military Justice may compel any person to incriminate himself or to answer any question that may incriminate him.
2. No person subject to the Uniform Code of Military Justice may interrogate, or request any statement from a person suspected of an offense without first informing him of the nature of the accusation, that he does not have to make a statement regarding the offense, and that any statement may be used against him as evidence in a trial by court-martial.

As a member of the military, you are entitled to representation by an attorney provided by the military for all court-martials. If you are under the threat of court-martial, you have the right to obtain military counsel free of charge. You may request, by name, a change of military counsel. You have the right to obtain civilian counsel at no cost to the military to aid your military counsel in your defense as well as the ability to discharge your appointed military counsel and rely solely on your civilian attorney.

You may also be entitled to military counsel free of charge if you are facing punishment under Article 15, UCMJ (Non-Judicial Punishment). If you are a member of the Air Force, your right to military counsel is absolute. The Army will allow you to seek the guidance of defense counsel unless the Commander is utilizing Summary NJP Proceedings. The Navy, Marine Corps, and Coast Guard have no guarantee of counsel prior to NJP. However, individuals in these service branches may seek the advice of defense counsel subject to the availability of this counsel, the delay involved, and operational commitments or military exigencies.

Do you need an attorney for a Military Discharge Review Board (DRB)?

If you have received an unfavorable or administrative discharge, you are entitled to have this discharge reviewed by a military DRB. It should be noted that the DRB is not required to overturn your discharge and there is no automatic “six month” change. You do not have to face the DRB alone. The Fitzgerald Law Firm will help you prepare a presentation and make your case. Even if you have applied to the DRB for a discharge review before, The Fitzgerald Law Firm can advise you on how to reapply. Do take note, however, that there is a 15 year limitation on reviews. If you are nearing this deadline, call The Fitzgerald Law Firm immediately and we will file the paperwork necessary to ensure you exercise all of the rights at your disposal (these statistics are compiled by a third party for ALL filed BCMRs, they ARE NOT success rates of The Fitzgerald Law Firm but are provided for informational purposes only and are not a guarantee or even a predictor of success):

• Navy (including Marine Corps) DRB successful upgrades – 4%
• Army DRB successful upgrades – 41%
• Air Force DRB successful upgrades – 19%
• Coast Guard DRB successful upgrades – 1%

If you do not succeed at the DRB stage, you can appeal to the Board for Correction of Military Records (BCMR) for your particular branch of service. The BCMRs have the authority to overrule the DRB and can make changes to your military records to include discharge modifications and service record corrections. The following are general statistics on the likelihood of success with the military BCMRs (these statistics are compiled by a third party for ALL filed BCMRs, they ARE NOT success rates of The Fitzgerald Law Firm but are provided for informational purposes only and are not a guarantee or even a predictor of success):

• Navy (including Marine Corps) BCMR successful changes – 18%
• Army BCMR successful changes – 13%
• Air Force BCMR successful changes – 20%
• Coast Guard BCMR successful changes – 18%

On average, you are three times more likely to succeed at a DRB or a BCMR when you appear in-person or have the assistance of counsel. Allow The Fitzgerald Law Firm to assist you when considering a DRB or a BCMR.

At The Fitzgerald Law Firm your initial consultation is always free and you will always meet directly with one of our attorneys. We understand that appointments during traditional working hours may not be convenient for all, and thus we strive to be available for evening, weekend, and off-site appointments.

At The Fitzgerald Law Firm your initial consultation is always free and you will always meet directly with one of our attorneys. We understand that appointments during traditional working hours may not be convenient for all, and thus we strive to be available for evening, weekend, and off-site appointments.