Davis-Monthan Air Force Base Military Attorneys

Davis-Monthan Air Force Base military attorneys from the Military Law Center defend active duty and reserve service members stationed in Pima County, Arizona at courts-martial, administrative separation hearings, and provide legal advice for other employment matters such as Article 15 hearings and correcting military records at the Air Force Board for Correction of Military Records.  Our military defense attorneys provide critically needed legal advice to service members near Tucson, Arizona accused of crimes under the Uniform Code of Military Justice.

The military justice system near Davis-Monthan AFB is complex and different from the civilian criminal system used in Tucson or the state of Arizona.  It requires a deep understanding of military laws and Air Force regulations.  Most importantly, it demands an experienced litigator to stand up to an Air Force command and unrelenting prosecutors.

Davis-Monthan Air Force Base is five miles south of Tucson, Arizona and is the aircraft boneyard for all excess military and U.S. government aircraft and aerospace vehicles.  With Tucson’s dry climate and alkali soil, the base is an ideal location to store and preserve aircraft; more than 4,000 military aircraft are parked there.  The host unit aboard the base is the 355^th Wing assigned to Twelfth Air Force (12AF), part of Air Combat Command. The 355 WG provides medical, logistical, mission and operational support to assigned units.

The military attorneys at the Military Law Center are veterans who served and litigated cases on active duty and as civilians.  They know service members, what it means to serve, and they know the military commands.  When your military career and reputation have been tarnished by an accusation, our military attorneys will defend your legal rights at Davis-Monthan Air Force Base.

Our Davis-Monthan military defense attorneys advise service members 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 policies within the various service branches, most service members 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.  Oftentimes, that is too late.  Regardless of the UCMJ offense, service members near Davis-Monthan Air Force Base can retain the attorneys at the Military Law Center while they are under investigation for competent legal advice.

Service members stationed at Davis-Monthan Air Force Base accused of criminal offenses may discover their case is referred to a court-martial.  After the investigation, a military prosecutor will review the evidence and prefer charges against an accused.  For serious felony level allegations such as murder, rape, and sexual assault, the Office of the Special Trial Counsel will try the case at a General Court-Martial.  These Air Force Judge Advocates are specially trained litigators with experience trying high-profile cases.  Service members accused of serious allegations should retain experienced civilian defense attorneys to ensure their rights are protected.  If the Air Force 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 Davis-Monthan Air Force Base courts-martial cases that do not require felony level attention, Air Force commanders may refer charges to a special court-martial.  Cases like drug use, false official statements, unauthorized absence, and general orders violations may be handled in this forum.  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 misdemeanor conviction is in their best interest.

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Phases of a Davis-Monthan Air Force Base Court Martial

Enlisted Airmen at Davis-Monthan Air Force Base 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 Airman with the specific allegation for which they may be separated.  The Air Force has a specific publication governing this process.  When this occurs, the Airman 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 near Davis-Monthan Air Force Base

Officers at Davis-Monthan Air Force Base in need of a defense attorney for a Board of Inquiry (BOI) need to look no further than the Military Law Center.  As former Officers and Judge Advocates themselves, our attorneys have gone through Officer Candidate School, The Basic School, and know the incredible demands the Department of Defense places on its junior and senior officers.

A Board of Inquiry near Davis-Monthan Air Force Base starts with an allegation.  Once an allegation of misconduct or substandard performance is made against an officer, the command reports it to the appropriate Staff Judge Advocate’s office.  The allegation is documented and triggers the first general officer in the accused’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 non-punitive letter of caution or informal counseling.
3. Misconduct Occurred, Document with Formal 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.  The Show Cause Authority 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 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 Air Force.

DAFI36-3211 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 military 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 military 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 Davis-Monthan Air Force Base, 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 near Davis-Monthan Air Force Base can afford.  Even more importantly, it is best to get representation from the beginning because officers are unlikely to be provided an Area Defense Counsel (JAG) 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 Davis-Monthan Air Force Base may be handled through non-judicial punishment.  For many service members, 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.  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 – service members can accept the forum of NJP and plead not guilty at the hearing.  They are also allowed to bring documentary evidence and fact witnesses to defeat the allegation.

When an Airman near Davis-Monthan Air Force Base denies the forum of NJP, 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 calendar 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.

Service members stationed at Davis-Monthan Air Force Base may find their military record needs to be fixed.  They may need to correct an award, fix a pay or debt issue, appeal the results of an administrative separation board or board of inquiry, or to fix any legal error or injustice.

Service members in the Air Force must petition the Air Force Board for Correction of Military Records with DD Form 149.  When doing so, service members need to identify a legal error or injustice.  The Davis-Monthan Air Force Base military attorneys from the Military Law Center can assist with preparing the AFBCMR petition.