Marine Corps Base Hawaii Military Attorneys

Hawaii military attorneys from the Military Law Center defend active duty and reserve Marines and Sailors stationed aboard Marine Corps Base Hawaii at courts-martial, administrative separation hearings, and provide legal advice for other employment matters such as non-judicial punishments and correcting military records.  Our military defense attorneys provide critically needed legal advice to service members in Hawaii accused of crimes under the Uniform Code of Military Justice.

The military justice system at MCB Hawaii is complex and different from the civilian criminal system used in the state of Hawaii.  It requires a deep understanding of military laws and regulations.  Most importantly, it demands an experienced litigator to stand up to a Marine Corps command and unrelenting prosecutors.

Marine Corps Base Hawaii (MCBH), formerly Marine Corps Air Station Kaneohe Bay, is located on the Mokapu Peninsula of windward O’ahu in the City and County of Honolulu, Hawaii.  It is home to the 3^rd Marine Littoral Regiment, Marine Aircraft Group 24, Combat Logistics Company 33, 3^rd Radio Battalion, and many more.  With nearly 3,000 acres of land, MCB Hawaii home to over 10,000 Marines, Sailors, civilians, and family members.

The MCBH military attorneys at the Military Law Center are Marine veterans who served and litigated cases throughout the Marine Corps.  They know Marines, what it means to serve, and they know the military commands.  When your career and reputation have been tarnished by an accusation, our military attorneys will defend your legal rights aboard MCB Hawaii.

Our military defense attorneys advise Marines and Sailors during the investigation phase of their case.  It could be a law enforcement investigation into sexual assault or domestic violence, or it may be a command investigation into drug use or driving under the influence.  Unfortunately, due to Marine Corps policies, most Marines and Sailors will not receive a detailed military defense counsel (JAG) during the investigation stage.  Most often, a judge advocate will begin representing them when the government prefers courts-martial charges or notifies a service member of administrative separation.  Regardless of the UCMJ offense, Marines and Sailors aboard MCB Hawaii can retain the attorneys at the Military Law Center while they are under investigation.

Marines and Sailors stationed at MCB Hawaii accused of criminal offenses may discover their case is referred to a court-martial.  After the investigation, a Marine Corps prosecutor will review the evidence and prefer charges against an accused.  For serious felony level allegations such as murder, rape, and sexual assault, the MCB Hawaii Office of the Special Trial Counsel will try the case at a General Court-Martial.  These Marine Judge Advocates are specially trained litigators with experience trying high-profile cases.  Marines and Sailors accused of serious allegations should retain experienced civilian defense attorneys to ensure their rights are protected.  If the Marine Corps is allocating its best and brightest lawyers to take an accused’s freedoms away, the service member should retain the best military defense attorneys they can afford.

For Hawaii courts-martial cases that do not require felony level attention, military commands may refer charges to a special court-martial.  Cases like drug use, false official statements, unauthorized absence, and general orders violations may be handled at MCB Hawaii’s courtroom.  A special court-martial conviction can still cause a service member to be punitively separated with a bad conduct discharge.  A bad conduct discharge can cost a service member hundreds of thousands of dollars in veterans benefits.  So, working with the Military Law Center’s attorneys to avoid a federal conviction is in their best interest.

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Phases of a MCB Hawaii Court Martial

Enlisted Marines and Sailors near MCB Hawaii accused of misconduct may be notified for administrative separation and will need the help of experienced military defense attorneys.  After an investigation, a command may choose to notify the service member with the specific allegation for which they may be separated.  The MARCORSEPMAN is the legal authority used for Marines and the MILPERSMAN is the authority for Sailors.  When this occurs, the service member will get an opportunity to review the documentary evidence and prepare a defense with their attorney.  In addition to presenting contradictory documentary evidence, the service member and their defense team can call witnesses, cross examine government witnesses, make an opening statement, and provide a closing argument.

Phases of an ADSEP Board at MCB Hawaii

Officers aboard Marine Corps Base Hawaii in need of a defense attorney for a Board of Inquiry (BOI) need to look no further than the Military Law Center.  As former Marine Officers themselves, our attorneys have gone through Officer Candidate School, The Basic School, and know the incredible demands the Marine Corps places on its junior and senior officers.

A Board of Inquiry at MCB Hawaii starts with an allegation.  Once an allegation of misconduct or substandard performance is made against an officer, the command reports it within 24 hours to either Judge Advocate Division’s section on officer misconduct or Navy Personnel Command.  The allegation is documented in the Officer Disciplinary Notebook (ODN) aka the Black Book.  That entry is permanent, and it triggers the first general officer in the officer’s chain of command to investigate.

When a general officer reviews the completed investigation, they determine one of five options:

1. No Misconduct Occurred, generate a Report of No Misconduct.
2. Misconduct Occurred, Address Misconduct Administratively with a NPLOC or informal counseling.
3. Misconduct Occurred, Document with IRAM 3005 Counseling.
4. Misconduct Occurred, Notify Officer of Intent to NJP.
5. Misconduct Occurred, Prefer Charges at Court-Martial.

Depending on how the accused Officer chooses to proceed, the command may determine a Board of Inquiry is required.  In that case, for many Hawaii Marine Officers, the Show Cause Authority (SCA) will be the Deputy Commandant, Manpower and Reserve Affairs, unless delegated to a three star general officer.  As the SCA, the General may convene a BOI or direct subordinate commanders to order the officer to show cause at a board of inquiry.  When this happens, the subordinate commanders will notify the Marine Officer of the alleged misconduct and typically include as an additional basis substandard performance or professional dereliction.

Probationary officers, those commissioned officers who have served less than six years and warrant officers with less than three years of time as an officer, are not entitled to a hearing.  Instead, the command may proceed with notification procedures and may separate the officer with an honorable or general (under honorable conditions).  In this case, the officer is entitled to submit written matters to be considered by the Secretary of the Navy.

The SECNAVINST 1920.6_ series governs the BOI procedures, composition, and rights of the officer at the hearing.  The board will have three senior officers, and they are tasked with determining if the Officer is suitable for continued naval service.  To do this, they must answer:

1. Is there Basis?
   This means: is there enough evidence to support the allegation of misconduct, substandard performance, or dereliction of duty?
2. Retention or Separation.
   If basis is met, the members will determine if the officer has potential for future honorable naval service.  If yes, they will vote to retain.  If no, they will vote to separate.
3. Characterization of Service.
   If separation is required, the members with recommend a characterization of service: honorable, general (under honorable conditions), or other than honorable (OTH).

An officer may present documentary, audio, and video evidence, in addition to calling fact and character witnesses.  At MCB Hawaii, military attorneys retained by the Officer can ask questions of the members during voir dire, deliver an opening statement, cross examine government witnesses, direct witnesses called by the respondent, and give a closing argument.

As the Board of Inquiry has life changing consequences, it is essential to retain the best legal representation an officer stationed at MCB Hawaii can afford.  Even more importantly, it is best to get representation from the beginning because officers are unlikely to be provided a detailed military attorney (judge advocate) until approximately 30-45 days before their hearing.  The defense attorneys from the Military Law Center are ready to develop a career saving strategy today.

Minor misconduct occurring at or near MCB Hawaii may be handled through non-judicial punishment.  For many Marines and Sailors, an Article 15 hearing may be the precursor to an administrative separation board.  For misconduct related to drug abuse, civilian convictions, or sexual misconduct, an administrative separation board is required.  So, it is important to ensure the long-term strategy includes carefully deciding whether to accept non-judicial punishment or not.

When an incident occurs, a commanding officer may offer non-judicial punishment as a forum to their Marine or Sailor.  The service member then must answer the question: accept or deny the forum of NJP?  If they accept NJP, the service member must then decide whether to plead not guilty or guilty.  That’s right – Marines and Sailors can accept NJP and plead not guilty at the hearing.  They are also allowed to bring documentary evidence and fact witnesses to defeat the allegation.

When a service member at Marine Corps Base Hawaii denies the forum of NJP, then the command may choose to: do nothing, issue a negative counseling, notify the service member for administrative separation, or prefer court-martial charges.

Any service member found guilty at NJP may appeal the NJP within five days to the next higher command.  To succeed on an NJP appeal, the service member must show a legal error, the punishment was unjust, or the punishment was disproportionate to the offense committed.

Marines and Sailors stationed aboard MCB Hawaii may find their military record needs to be fixed.  They may need to correct an award, pull a Fitness Report, appeal the results of an administrative separation board or board of inquiry, or to fix any legal error or injustice.

Service members must petition the Board for Correction of Naval Records (BCNR) with DD Form 149.  When doing so, service members need to identify a legal error or injustice.  The Hawaii military attorneys from the Military Law Center can assist with preparing the BCNR petition.