Administrative Actions: Know Your Military Legal Rights

Worldwide Military Representation

Defending the Military and Civilian Legal Rights of Active Duty Servicemembers, Veterans, DoD Employees and their Families Since 1987
California Based / Worldwide Military Representation
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Military Administrative Actions Defense Attorney

Military Law Center is here to aggressively advise, defend and to help you. We bring unique knowledge to your case. By bridging the military and civilian court systems, we provide you strong representation to protect your legal rights. Are you facing legal issues within your command, the Department of Veterans Affairs, or in Civilian Court? Here are a few Practice Areas where our experience as Civilian Military Attorneys will help you in your case:

“Mr. Barthel saved my military career by successfully petitioning the removal of a career ending judgment against me. I will always be grateful to him for his irreplaceable legal advice and assistance during this ordeal. Mr. Barthel is competent, dependable, and offers a fair price for his legal services. There are few attorney’s whether retired or active duty military that has the amount of experience of Mr. Barthel that can back it up with successful legal representation.”
— Jared

Know Your Military Legal Rights.

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Providing timely knowledge and aggressive representation for every court system,
in multiple jurisdictions – at all stages of your case.

Gary Barthe, Civilian Court-Martial Attorney
Civilian Military Attorney, Gary S. Barthel, Founder - Military Law Center
  • ARTICLE 15 NON-JUDICIAL PUNISHMENT

When a servicemember is accused of misconduct or some minor infraction, a violation of the Uniform Code of Military Justice (UCMJ), they might then face a NJP. A Non-Judicial Punishment process enables a commander to administer punishment for misconduct or minor offenses that do not rise to the level to be adjudicated in a court setting.

  • ADMINISTRATIVE SEPARATIONS

Enlisted servicemembers may be administratively separated from the service for a variety of reasons. An “allegation” of misconduct is sufficient for a command to initiate administrative separation processing. The rules of evidence do not apply and the burden of proof is only a “preponderance of the evidence” not “beyond a reasonable doubt”.

  • BOARD OF INQUIRY (BOI)

Board of Inquiry is an administrative process reserved for officers when looking into alleged of sub-standard performance or misconduct. If allegations are substantiated, then this Board of Inquiry can go further and make a determination of whether or not the the circumstances justify the officer’s’ separation from the service.

  • MILITARY BOARD OF CORRECTIONS

If you have erroneous or unjust adverse matters in your military record, then you are at risk of losing your military career, VA benefits, and civilian employment opportunities.  However, you have the right to file a petition with the “BCMR” to have erroneous or unjust matters removed or corrected.

  • SECURITY CLEARANCE APPEALS

If a servicemember commits misconduct or has financial problems then they may either be denied a security clearance or have an existing security clearance suspended or revoked causing a servicemember to lose their billet, future assignments, promotion or their military career.

  • MILITARY AND VA DISABILITY

When a servicemember is injured in the line of duty not due to their own misconduct, or is diagnosed with a medical condition or disease not pre-existing at the time of entry into the military, then they may be entitled to disability pay through the military and/or the VA.