US Military Defense Lawyers

Court-Martial Appeals

Mr. Cave actively represents clients in court-martial appeals. A court-martial conviction can have devastating consequences, but you have the right to appeal any adverse ruling under the Uniform Code of Military Justice (UCMJ). While some courts-martial qualify for automatic appellate review, every convicted service member may pursue an appeal.

Court-martial appeals function similarly to appeals from federal district court decisions. However, the military justice system presents unique legal issues due to its emphasis on maintaining good order and discipline within the armed forces.

During the appellate process, your military defense counsel must demonstrate that an error during the court-martial materially affected the outcome. Grounds for appeal may include abuses of authority, improper collection of evidence, procedural violations, factual inaccuracies, or misinterpretations and misapplications of the UCMJ.

Adverse Administrative Actions

As civilian military defense lawyers we have successfully represented service members facing a wide range of adverse administrative actions. These include non-judicial punishment under Article 15, negative performance evaluations, adverse officer evaluation reports (OERs), denied or revoked promotions, letters of reprimand, demotions, loss of pay, job reassignments, and administrative discharges.

If your commander offers you Article 15 proceedings, they believe you have committed one or more offenses under the Uniform Code of Military Justice (UCMJ). You must choose whether to accept the Article 15 or demand a trial by court-martial. Accepting Article 15 does not mean you admit guilt—it simply means you agree to let your commander decide whether you committed the alleged offenses, instead of going before a court-martial. In most cases, you have the right to consult with a military defense attorney before you make this critical decision.

If you accept Article 15, you retain the right to present your case, offer evidence, and argue for a favorable outcome. However, before you respond, you should consult with an experienced military defense attorney to evaluate your options and protect your record.

Even when the command does not pursue court-martial, a finding of guilt in an administrative action can seriously damage your military career. Adverse findings or poor evaluations may lead to administrative separation, loss of career advancement, or permanent harm to your professional reputation. You must use every legal tool available to contest the allegations, preserve your service record, and keep negative documentation out of your file.

We understand how to challenge adverse administrative actions and has helped service members preserve their careers and reputations across every branch of the armed forces. If you have Article 15 proceedings or any administrative sanction, please contact us today to protect your rights and future.

Security Clearances

Getting or retaining a security clearance can be vital to your career, even after you leave active duty. You may be discharged from the service or denied a promotion if you lose your security clearance. If you do not receive a security clearance, your professional goals may become challenging to attain. However, you should not lose hope if you do not initially receive the clearance that you seek. Philip D. Cave understands the magnitude of what is at stake in these matters. He can investigate the situation and help you argue that you are not a security risk, such that you should be eligible for a security clearance.

Federal Court of Claims

We also handle cases in the Federal Court of Claims, such as claims for back pay and loss of pay. The Federal Court of Claims is empowered to consider monetary claims that are based on the Constitution, federal laws, executive regulations, and contracts with the United States. The Federal Court of Claims deals with service member claims related to military pay. This category of claims may address personnel decisions, including unlawful discharge, denial of promotion, failure to make proper determinations as to disabilities and medical conditions, and involuntary retirement.

For example, if you are a service member who was improperly separated from active duty in the U.S. military without being referred to a medical board for a disability evaluation, you may have a claim for active duty pay for the period of wrongful discharge under the Military Pay Act, 37 U.S.C. section 204.

Consult an Experienced Military Defense Attorney

The motto is “Have briefcase (and Internet), will travel.” We represent military service members as civlian military defense counsel around the U.S. and overseas. If you are a member of the military, you have different rights and duties than do civilians. Different rules will apply to any offenses with which you are charged. It is crucial to retain an attorney who understands these rules. Your military defense lawyers have dedicated his career to this practice area, assisting service members who have been charged with UCMJ violations or who are dealing with other issues that are specific to this context. Whether you are stationed in San Diego or Korea or the Mid-East, we can work with you to develop a strong understanding of your case and provide aggressive representation. Reach out and contact us through our online form to find out how we can help you.