Legal Guidance for Service Members and Veterans
Military law governs the rights, responsibilities, and legal protections of service members, veterans, and military families. Whether dealing with a court-martial, benefits dispute, or family law issue, understanding military law can be crucial. This FAQ provides key information on military law and how an attorney can assist.
What Is Military Law?
Military law includes legal rules that apply to active-duty service members, reservists, National Guard members, and veterans. The Uniform Code of Military Justice (UCMJ) is a primary legal code that governs military conduct, covering everything from disciplinary actions to serious criminal offenses. Military law may also include protections under laws like the Servicemembers Civil Relief Act (SCRA) and Uniformed Services Employment and Reemployment Rights Act (USERRA) to safeguard service members’ rights in civilian life.
Who Needs a Military Lawyer?
Military legal matters can impact a wide range of individuals, including:
- Active duty personnel dealing with disciplinary actions or military-specific legal disputes.
- Veterans and retirees seeking assistance with benefits claims or discharge upgrades.
- Reservists and National Guard members facing employment disputes or service-related legal issues.
- Military families navigating family law matters, such as divorce or child custody.
What Are Common Military Law Issues?
Military law generally covers a broad range of legal matters, including:
- Court-martial defense for service members accused of violating the UCMJ.
- Administrative separations and discharges, including dishonorable discharges.
- Military benefits, such as VA disability claims and pensions.
- Family law concerns, including divorce, child custody, and support issues.
- Employment rights, including protection from job loss under USERRA.
How Can a Military Lawyer Help?
A military lawyer can assist with a variety of legal matters, including:
- Defending service members in court-martial proceedings and administrative hearings.
- Appealing VA benefits denials and assisting with disability claims.
- Handling military divorce and child custody disputes, particularly when deployment complicates arrangements.
- Representing clients in discharge upgrades to improve their service records.
What Is the Uniform Code of Military Justice (UCMJ)?
The UCMJ is the legal system that applies to all branches of the U.S. military, outlining criminal offenses, court-martial procedures, and service member rights. It includes offenses such as AWOL (Absent Without Leave), insubordination, and military-specific crimes like dereliction of duty. The UCMJ is generally enforced through military courts, which operate differently from civilian courts.
What Are the Rights of Service Members in Legal Proceedings?
Service members facing legal action under military law may have rights, including:
- The right to legal representation, including military-appointed counsel or private attorneys.
- The right to due process in administrative and criminal proceedings.
- Protection from unlawful punishment under military and constitutional law.
What Is a Court-Martial?
A court-martial is a military trial that determines whether a service member has violated the UCMJ. There are three main types of court-martial:
- Summary Court-Martial – Handles minor offenses and typically involves one officer acting as a judge.
- Special Court-Martial – Similar to a civilian misdemeanor trial, it can result in confinement, loss of pay, or discharge.
- General Court-Martial – Reserved for serious offenses, similar to a civilian felony trial, with penalties that may include dishonorable discharge or imprisonment.
How Can a Service Member Upgrade a Discharge Status?
A less-than-honorable discharge can impact a veteran’s ability to receive benefits or find employment. Discharge upgrades may be possible under certain conditions by applying through the Discharge Review Board (DRB) or the Board for Correction of Military Records (BCMR). An attorney can help by:
- Reviewing service records and identifying errors that may support an upgrade.
- Presenting evidence and witness statements to show the service member’s eligibility for a more favorable discharge.
- Filing appeals with the appropriate military board and handling any legal hearings.
What Are the Legal Rights of Veterans?
Veterans may have several legal protections under military and federal law, including:
- VA benefits, such as health care, education assistance, and disability compensation.
- Employment rights under USERRA, which ensures that veterans returning to civilian jobs cannot be unfairly terminated or denied employment opportunities.
- Legal recourse for denied benefits, including the right to appeal decisions from the Department of Veterans Affairs.
What Should I Do If My VA Benefits Are Denied?
Many veterans face denied or delayed VA benefits due to missing documentation, incomplete applications, or disputes over service-connected disabilities. If this happens:
- Review the denial letter carefully to understand why the claim was rejected.
- Gather supporting medical and service records to strengthen the appeal.
- File a Notice of Disagreement (NOD) within the appeal deadline to challenge the decision.
- Consult a military lawyer experienced in VA claims to ensure proper filing and representation.
How Does USERRA Protect Service Members’ Employment Rights?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) helps ensure that service members:
- Can return to their civilian jobs after deployment.
- Cannot be discriminated against for their military service.
- Receive job protection and benefits while on active duty.
If an employer violates USERRA by refusing to reinstate a returning service member, legal action may be necessary to enforce these rights.
What Legal Issues Do Military Families Face?
Military families often deal with legal challenges, including:
- Divorce and child custody disputes, especially when deployment complicates arrangements.
- Military pension division during divorce proceedings.
- Spousal and child support obligations based on military pay regulations.
A military family law attorney can help ensure that court orders account for the unique aspects of military life, such as frequent relocations and deployment schedules.
When Should I Contact a Military Lawyer?
It is advisable to seek legal representation when:
- Facing court-martial proceedings or other military disciplinary actions.
- Applying for VA benefits or appealing a denial.
- Seeking a discharge upgrade for a better military record.
- Addressing family law matters like divorce, custody, or support.
- Experiencing employment discrimination due to military service.
How Can a Military Lawyer Help Veterans and Their Families?
Military lawyers can assist veterans and their families in numerous ways, including:
- Handling VA claims and appeals for benefits.
- Navigating military-specific divorce and custody issues.
- Protecting employment rights under USERRA.
- Filing legal actions related to military benefits.
Military law may try to help ensure service members, veterans, and their families receive the legal protections and benefits they have earned. Whether facing legal action under the UCMJ, appealing VA benefits, or handling employment disputes, an experienced military lawyer can provide essential legal support to safeguard the rights of those who have served.