Blog

A Promotion Review Board (PRB) is used to consider the promotion status of officers recommended for removal from a promotion list. The board is most often convened post-selection because of newly discovered adverse information. CONTACT US! Army Regulation 600-8-29 provides guidance for Promotion Review Boards. Paragraph 8-2 provides that HQDA continuously reviews promotion lists to...

Last week the Air Force published a new policy regarding the use of CBD products. The policy was in the wake of US v. Pugh. The Pugh case dealt with AFI 90-507 (Drug Demand Reduction Program). That regulation contains a prohibition on using hemp products. The thought process is that some hemp products may contain...

In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim’s description of her assailant prompted the military officers to convict and court-martial Corporal Lindsey Scott, the only black MP in the Quantico Criminal Investigation Division, despite his pleas of innocence. He was initially convicted and sentenced to 30 years in...

The Maywand District killings involved the deaths of at least 3 Afghan civilians by a group of U.S. Army soldiers in 2010. The soldiers became known as the “Kill Team” and were members of the 3rd Platoon, Bravo Company 2nd Battalion, 1st Infantry Regiment, 5th Brigade, 2nd Infantry Division. They were based at FOB Ramrod in the...

WHAT IS CBD? CBD oil, or cannabidiol, is a derivative of industrial hemp and contains little to no THC (tetrahydrocannabinol). THC is the substance that military drug labs test for. With little or no THC in most CBD products, it is unlikely a person would fail a military drug test. Contact Daniel Conway & Associates today to...

Under the US Constitution, an accused enjoys the right to a speedy trial. US v. Danylo, 73 M.J. 183 (C.A.A.F. 2013). A service members 6th Amendment right to a speedy trial triggers upon the preferral of charges or pretrial restraint. That right is also codified in Article 10, UCMJ. Military courts look at 4 issues...

Under R.C.M. 906 (b)(8), the defense may move the court for relief from pretrial confinement in violation of R.C.M. 305.The defense, as the moving party, has the burden of showing by a preponderance of the evidence that: (1) the 7-day reviewing officer’s decision was an abuse of discretion; or (2) information not presented to the...

Expert witnesses can be a critical part of any court-martial. Service members have a right to confidential experts. See United States v. Turner, 28 M.J. 487, 489 (C.M.A. 1989); United States v. King, 32 M.J. 709 (A.C.M.R. 1991). Under R.C.M. 701 (f), their confidential assistance is subject to the attorney-client privilege and the work product privilege.As a matter of military...

Over the last 10 years, the firm has seen an increasing number of cases involving performance-enhancing drugs, steroids, and banned pro-hormones. The Department of Defense recently adopted the World Anti-Doping list of banned drugs. This has opened up a whole new class of offenses that military members are facing. More often than not, service members are...

CONTACT US! We receive a number of inquiries every month about maximum punishments under the Manual for Courts-Martial. Here is the maximum punishment chart for 2019. 2019 MANUAL FOR COURTS-MARTIAL COURT MARTIAL PUNISHMENT CHART