Post-traumatic stress disorder is a common issue among military personnel and can lead to some serious consequences if not addressed. At the same time, however, addressing PTSD might also lead to unexpected consequences.
After having served two deployments, one in Afghanistan and one in Iraq, Sgt. Ryan M. learned he was going out for a third deployment. During the first two deployments his father died, his mother was diagnosed with cancer, and he was facing a divorce. When he learned of the third deployment, he walked away from his post.
He testified at his court-martial hearing that he had been aware of the fact that he was dealing with post-traumatic stress, but did not seek treatment for “fear of being labeled a ‘nut’ and no longer be respected by my peers or subordinates.”
An example had to be made of him, according to Capt. Christopher G. He wanted to be sure the message was clear that going AWOL is not ok.
Yet PTSD does not allow a person’s brain to make rational decisions. It causes people to do things that might otherwise be out of character and can significantly impair a person’s daily life. Studies show that man-made events have a greater impact on the incidence of PTSD than natural, unavoidable events do. That makes the military as a whole more vulnerable to the symptoms, possibly causing them to behave in ways that do not fit their character.
Sgt. M’s case ended with his successful treatment and counseling, accompanied by an honorable discharge. While the outcome of the case is rare in the military justice world, it is a military attorney’s job to defend your right to an honorable discharge. They will fight for your rights, just as you have fought for the rights of others.
Military Justice Lawyers for Skilled Guidance Through Army Court Martial Proceedings
Soldiers who are charged with crimes under the UCMJ face prosecution under the court-martial process. Unfortunately, with the full might of the criminal justice system aligned against you, it can be difficult to protect your future, your freedom and your career from the damage caused by a conviction. When traversing the court-martial process, it is important to create the best defense team possible; the lawyer appointed by the Army will offer helpful defense guidance, but may be limited in the time and effort they can invest into your case, making it important to retain a private defense attorney who can offer more focused representation.
Court Martial Process
Understanding the steps involved in the court martial process may help you gain insight into what to expect from your proceedings.
- Article 32 investigations: Under the UCMJ, general courts-martial must be preceded by an Article 32 investigation hearing. During the hearing, you are offered the chance to learn about the evidence against you and cross-examine any witnesses who may testify in your case. An attorney will stand by your side during the Article 32 hearing, and will work diligently to obtain every piece of information needed to begin planning your defense.
- Court martial panel: Following the Article 32 hearing, a court-martial panel must be selected to oversee the process. Similar to a civilian jury, the court-martial panel makes a judgment following testimony from the prosecution and defense. You are offered the chance to participate in the selection of the court-martial panel.
- Court martial pleas: A court-martial plea may save you from unnecessary harm caused by a conviction. Agreeing to a reduced charge or a lesser offense may help you avoid a career-ending conviction stemming from the original charge. Pleas must be entered on a voluntary basis; you may not be pressured by the prosecution to accept a deal that is not in your best interests.
- Conviction or review: At the completion of all testimony, the court-martial panel will issue a judgment on your case. If they find you not guilty of the charges, you are free to continue with your service unharmed. If you are found guilty, your case will be reviewed by a convening authority that can either approve or disapprove the findings and sentence. Following the appeal of any sentence, the case will be further reviewed by the respective service Court of Appeals. You have the right to assistance of counsel from the investigation and filing of charges through all levels of review and appeal.
Know Your Rights and Your Defense Options
When facing court-martial, you have many rights that may be invaluable in helping you combat the charges against you, including:
- The right to counsel
- The right to confront witnesses
- The right to select your forum
- The right to testify