Are You Facing Adverse Military Personnel Action?

Most service members don't know that their rank, ability to serve, pay and benefits, assignments, among others, while based in statute, are all Military Personnel law, or administrative matters, to commanders.

How Military Personnel Law Is Different

Military Personnel Law is administrative (regulatory) as compared to Military Law which is criminal (judicial) ( i.e., court-martials). Military Personnel Law encompasses letters of reprimand, nonjudicial punishment, requests for corrections to your service records, responses to promotion removal boards, and administrative separation boards, among others. In some ways, regulatory law can damage your career far more severely than a court-martial due to the lesser standard of proof required to "prove" the commander's "case."

In administrative (regulatory) law, service members, in most cases, have no "constitutional" rights, i.e., the right to an attorney, or double jeopardy protections, etc. Constitutional rights only come into play when your commander intends to deprive you of your liberty, i.e., send you to the brig. Military regulations are written to provide all of the power to the commander, and very little, if any, power to service members.

You Don't Have As Many Rights In The Process

As such, you have no "rights," as most people understand the concept, in adverse administrative proceedings. Your "right" to consult with an attorney before nonjudicial punishment, or a "drug board," or defending a letter of reprimand, is given by the military services — and it can be taken away by the "secretary of the military department concerned."

These considerations aside, your career, your retirement, your pay — everything you hold close for the safety of you and your family is administrative. The government can, and frequently does, utilize the administrative process to "punish" you when they cannot (or don't want to) send you to a court-martial. It's easier. It's quicker. And, the lawyers don't have to be involved.

We have all heard of or knew someone who was accused of or committed a minor infraction. Despite the petty nature of the crime, the commander threw every book at that person they could, for any number of reasons — NJP, then a Letter of Reprimand, and later a show-cause board, or other "quality management" or personnel reduction board proceeding followed.

How Kerim Bey Law Partners, LLC, Can Help You

We routinely represent service members before the boards for the correction of military and naval records, and actions handled by the services' personnel commands. Kerim Bey Law Partners, LLC, attorneys are either former judge advocates or have extensive experience in the unique aspects of military personnel law. Two of our attorneys developed, wrote, or were the final legal authority on most military personnel law matters for the Department of the Army. In short, we have the experience you need.

No matter the issue or military service, Kerim Bey Law Partners, LLC, based in Philadelphia, can provide comprehensive guidance and defense to any military personnel law matter you face. While we would like to speak directly to you at 215-437-0953, you can also contact the firm online.

Assistance is available now in Pennsylvania, Washington, D.C., and nationwide.