AIR FORCE DEFENSE LAWYERS

The Uniform Code of Military Justice (UCMJ) defines prohibited conduct, from larceny to sexual assault. If an Airman is accused of violating any Article of the UMCJ, they could be subject to a court-martial.

Depending on the severity of the alleged conduct, the case may be processed through any of the following:

• Summary Court-Martial: Minor offenses are handled through a summary court-martial. This is a simplified and quick process. Still, that does not mean it should not be taken seriously. The accused faces the following sanctions:
  • Reduction in rank
  • One month of reduced pay
  • Up to 30 days of confinement
  • Up to 60 days of restriction
  • Up to 45 days of hard labor
• Special Court-Martial: An Airman accused of what would be considered a misdemeanor in civilian court may be subject to a special court-martial. Maximum penalties include:
  • Reduction in rank
  • 12 months of reduced pay
  • Up to 12 months of confinement
  • Bad conduct discharge
• General Court-Martial: The most serious offenses (considered felonies in civilian court) are handled through a general court-martial.Maximum sentences include:
  • Confinement,
  • Dishonorable discharge
  • Death

At Daniel Conway & Associates, our Air Force defense attorneys understand the seriousness of a court-martial and what is at stake. That is why we dedicate the time and effort necessary to challenge the allegations and work toward an optimal result.

Air Force UIF

An Airman’s commander may establish an Unfavorable Information File (UIF) when the individual has been subject to administrative, judicial, or non-judicial action because of poor performance or behavior. Situations in which information is filed in a UIF include, but are not limited to, when the Airman has been subject to punishment for more than 1 month or a court-martial or civilian court conviction.

A UIF can hurt an Airman’s career, as it will be reviewed when they seek a promotion, reenlistment, or other actions.

The commander can only put substantiated information in a UIF, and the Airman has 3 days to file a rebuttal before the commander submits their final decision. By responding to the UIF, the Airman can present evidence to challenge the allegations and attempt to show that the action is unwarranted.

If you have been notified of your commander’s intent to file a UIF, speak with one of our U.S. Air Force defense lawyers as soon as possible. We can help craft a response and seek to avoid adverse actions taken against you.

Air Force Court of Criminal Appeals

A special or general court-martial conviction may not be the end of the road for an Airman. Depending on their situation, they may be able to take their case to the Air Force Court of Criminal Appeals. The higher court will review the case and decision to determine whether any legal errors occurred that affected the outcome.

An Airman has the right to an appeal if they were subject to any of the following sentences:

• Dishonorable discharge
• Bad conduct discharge
• At least 1 year of confinement
• Death

Note that an appeal cannot be sought merely because the individual believed the outcome was unfair. They must be able to point to some justifiable reason for requesting a review.

Examples of grounds for an appeal include, but are not limited to:

• Insufficient evidence
• Multiple sentences for the same offense for a single criminal act
• Too severe a sentence relative to comparable cases

Presenting a compelling case to the Air Force Court of Criminal Appeals takes a substantial amount of effort and skill. Our Air Force defense lawyers are practiced at crafting persuasive arguments on behalf of our clients. We are ready to help you through the complex appeals process.

Air Force Drug Test

In the Air Force, an Airman can be criminally prosecuted if they fail a drug test or have a positive urinalysis. Although many drug offenses in the military are handled through administrative separation, the Air Force frequently processes alleged offenders through a court-martial.

If you are facing action because of an alleged drug offense, it is critical that you speak with an Air Force defense lawyer about your case.

Although the results of a drug test may have been positive, that does not prove:

• Impairment,
• Number of uses, or
• Method of ingestion

At Daniel Conway & Associates, we thoroughly review these matters and speak with experts to gather evidence and challenge the allegations.

Several defenses can be raised in these cases, including:

• Unknowing ingestion: Just because a controlled substance was detected in the Airman’s system, that does not mean they knowingly ingested it.
• Switched samples: It is possible that the accused’s specimen was mixed up with someone who did, in fact, use a drug.
• False positives: An analysis could return a positive result based on factors other than actual ingestion. For instance, the test tubes may have been contaminated or the paperwork may have been incorrectly filed.

Our team is here to uncover the truth and protect your future.

Air Force EPR

Air Force Enlisted Performance Reports (EPRs) are designed to evaluate Airmen on how well they perform their duties and contribute to missions. The information included in the EPRs is used as a basis for promotion decisions, as the Air Force seeks to promote top performers.

For evaluations to be accurate, raters must have a sound understanding of the various evaluation systems. The Air Force Evaluation Instruction (AFI) provides guidance on how to complete the different forms.

If any errors are identified in an evaluation, an appeal can be sought to have the information changed. Reach out to our U.S. Air Force attorneys to learn about avenues you can pursue to seek a correction.

Air Force LOC

An Airman may be subject to a Letter of Counseling (LOC) if they are accused of low-level misconduct or other infraction demonstrating poor behavior or performance. The Airman’s commander writes up an LOC to ensure that the individual is aware of their unacceptable conduct. They are required to sign it to acknowledge receipt.

Although an LOC is neither a court-martial nor a finding of guilt, it is still a serious matter. Depending on whether the Airman rectifies their behavior, an LOC can lead to more severe actions.

Air Force Failure to Obey an Order

The elements of and penalties for failing to obey an order are enumerated in Article 92 of the UCMJ. Conduct meeting the definition of this offense includes willfully disobeying an order or abandoning duties.

Specifically, an Airman can be accused of an Article 92 violation if they:

• Disobey a lawful general order or regulation: This requires that the Airman knew there was a general order or regulation they had to obey but willfully failed to comply.
• Disobey other lawful orders: This requires that the Airman was subject to other orders, they knew they were subject to such and had a duty to obey, but they did not.
• Dereliction of duty: This requires that the Airman was aware they had a duty to perform but was neglectful or willfully inefficient at fulfilling it.

A guilty finding of failing to obey an order or being derelict in duties carries severe penalties.

Sanctions include, but are not limited to:

• Dishonorable discharge
• Forfeiture of pay and allowances
• Confinement

An accusation of disobeying an order does not mean guilt. At Daniel Conway & Associates, our Air Force defense lawyers will examine your situation to determine what avenues we can pursue to challenge the allegations against you.

Air Force BCMR

If an Airman notices an error or injustice on their military record, they can seek to have it corrected. One of the final avenues for relief is filing an application with the Air Force Board for Correction of Military Records (BCMR). If the Board determines that the Airman has proven that the error should not be on the record, it will remove the blemish.

Seeking relief with the Air Force BCMR requires going through a series of steps. The Airman must first exhaust all other administrative avenues for correction. They must then submit an application with supporting documents containing evidence that proves their assertions. Additionally, they have only 3 years from discovering the error or injustice to apply for relief. A misstep at any part of the process or filing after the deadline can result in the application being returned.

At Daniel Conway & Associates, we recognize the importance of having a clean military record. That is why we work hard to ensure any injustices or errors are corrected. Our team will determine your eligibility for applying and help complete your application and craft an argument for relief.

Air Force Defense Lawyers Working for You

Daniel Conway & Associates is one of the nation's most experienced military defense firms. Our attorneys have defended service members against accusations of most offenses in the UCMJ. Additionally, Mr. Conway and Mr. Myers co-authored the Handbook of Crimes and Defenses in the Military. We are well-equipped to take on your case and aggressively fight for you.

To get started on your defense, reach out to our U.S. Air Force attorneys by contacting us at (833) 934-8265.