Monthly Archives: July 2014

Phone number changes for MLTF office

MLTF is discontinuing one of its phone numbers effective September 20. If you are using our old number, 619-233-1701, please update your records to our main phone line, 619-463-2369. Calls to the former get forwarded, so be sure to check which number you are dialing and make any necessary changes to your listing for MLTF. Calls will no longer be forwarded starting September 20.

Additionally, another phone number published years ago as a contact for MLTF, 415-566-3732, should also be replaced by the current number.

Either of these two previous numbers may appear on very old printed material or outdated web pages. If you have such literature or links, please search our site for more current resources on the topic.

MLTF’s correct phone number:
619-463-2369.

Op-Ed: Military Sexual Violence rooted in military culture

Curbing Convening Authority Power to Alter Court-Martial Convictions Is No Solution, Is Insufficient and Misses the Point

David Gespass

David Gespass

By David Gespass

There is no denying that “sexual assault” (a euphemism for rape and attempted rape) is a serious problem within the military. Indeed, it has always been a problem, though it may now be more serious from the point of view of military authorities because victims, increasingly, are other members of the armed forces rather than civilians.

To date, the solutions that have been proposed are, from the military, more training and, from various civilians (most notably, New York Senator Kirsten Gillibrand), stripping convening authorities of their power to alter court-martial convictions and sentences. The former has been spectacularly unsuccessful. The latter highlights the tension between two important ends, those of protecting people from sexual violence and protecting the due process rights of individuals accused of crime.

Thus far, there has been near universal acknowledgment that the problem exists but little has been done to address, much less solve, it. Indeed, even as sexual violence appears epidemic, elected officials tie themselves in knots praising our men and women in uniform while, at the same time, condemning perpetrators of such violence yet refusing even to consider that the culture of the armed forces promotes it. This is not to say that everyone who enlists is bound to become a predator. Rather, the soil of military culture is one in which potential predators can be nourished and thrive. And our elected officials are loath to suggest such a thing for fear of being criticized as disparaging “our” troops.

Non-Judicial Punishment: Middle Ground Between Admin Proceedings And Courts-Martial

 This material appeared in the June 2014 issue of On Watch (Volume XXV No.2). The PDF version of the issue is available in the On Watch archive, and a stand-alone memo version is pending. 

James M. Branum on Democracy Now, June 4 2014

James M. Branum on Democracy Now, June 4 2014

by James M. Branum

In this article I will be discussing an important area of the UCMJ, Article 15 (NPJ: Non-Judicial Punishment)1. NJP is used by commanders to deal with misconduct issues that are too serious to be dealt with using administrative corrective procedures, but are minor enough to not necessarily be appropriately handled through a full court-martial prosecution.2

While it is often neglected as area of concern by many attorneys, this is a mistake. NJP is one of the most powerful disciplinary tools used by commands to punish servicemembers for “crimes” while avoiding a formal court-martial proceeding.3 As such, the practical ramifications for servicemembers facing NJP can be serious.

In this article I will review the statutory and regulatory basis for NJP and then move to a practical discussion of tactics that can be used in dealing with a possible NJP. Much of this discussion will be relevant for all branches of the military, but I will only be discussing the branch-specific regulations of the Army. If your case involves another branch of the military, it is essential that you refer to the appropriate branch-specific regulations.

June 2014 issue of On Watch now online

The latest issue of MLTF’s quarterly newsletter, On Watch, released to members and subscribers about a month ago, is now available to the public.

On Watch June, 2014 Vol. xxv No. 2 (PDF)

Titles in bold indicate that the article is published online in addition to in the PDF version of On Watch linked above.