Midwest Military & Veterans Law, PLLC Midwest Military & Veterans Law, PLLC 2026-10-11T23:25:29Z https://www.militaryandveteranslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103547/2023/12/cropped-site-icon-32x32.jpg On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[When can unpaid debts lead to military disciplinary measures?]]> https://www.militaryandveteranslaw.com/?p=47380 2026-10-11T23:25:29Z 2026-10-11T23:25:29Z Loss of security clearance A debt that ends up on someone’s credit report can cost them their security clearance. Not every service member needs a security clearance. If one is required for their job, they can potentially lose that job and other opportunities for which they’re otherwise qualified if they can’t get the necessary clearance. The same is true for jobs outside the military – for example, with various law enforcement agencies, where it’s critical that employees not be susceptible to bribes or blackmail.

Military discipline

Article 134 of the Uniform Code of Military Justice (UCMJ) discusses “dishonorable failure to pay debts.” That doesn’t mean that any failure to pay a debt will result in military disciplinary measures. If someone accidently got behind on a loan payment or they dispute whether they owe a debt, that likely wouldn’t bring any kind of military disciplinary measures. Under the UCMJ, “failure to pay must be characterized by deceit, evasion, false promises, or other distinctly culpable circumstances indicating a deliberate nonpayment or grossly indifferent attitude toward one’s just obligations.” The maximum punishment could include “confinement of up to 6 months” and a bad-conduct discharge. It’s critical for any service member who is facing potential disciplinary measures for any type of debt they owe, including spousal and child support payments, to get experienced legal guidance to protect their rights and their career, given all that is at stake.]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[Retired service members can face military disciplinary measures]]> https://www.militaryandveteranslaw.com/?p=47377 2026-09-28T23:51:29Z 2026-09-28T23:51:29Z retired grade of an officer may be reopened” under any of the following conditions:
  • An error or miscalculation caused the wrong retired grade.
  • Evidence was later discovered that would have changed that retired grade.
  • The retirement or grade was fraudulent.
  • There is “good cause” to reconsider that retired grade.
That last one is non-specific and can be open to broad interpretation. An example that has been widely reported involved U.S. Senator Mark Kelly.

The case of Sen. Mark Kelly and potential court-martial

The Arizona senator, former Navy pilot and astronaut appeared in a video last year with other congresspeople who had served in the military and intelligence agencies. The video was made at a time when National Guard and other military members were being deployed in cities throughout the country. In the video, they reminded active-duty service members and intelligence professionals that they can refuse illegal orders. Neither President Trump nor Secretary of Defense Pete Hegseth was happy with what they viewed as an insinuation that troops were being given illegal orders. Sen. Kelly is the only one in the video who reached official retirement (with the rank of captain). Therefore, he’s the only one still subject to the UCMJ. That means, according to the DoD, that in addition to having his grade and retirement pay reduced, he could potentially be reinstated to active duty to be subject to a court-martial or other administrative consequences. According to NBC News, the most likely charges for Sen. Kelly would be “Article 133 Conduct Unbecoming an Officer and Article 134 Conduct Prejudicial to Good Order and Discipline.” Sen. Kelly is fighting the DoD in federal court, and so far, the courts have not upheld the discipline that has been threatened.

What other consequences can retired military personnel face?

Besides court-martial, loss of rank and reduction in retirement pay, retired service members can also potentially lose their right to receive VA disability compensation. The Uniformed Services Former Spouses’ Protection Act also allows garnishment of retirement pay to cover unpaid spousal or child support and other family law-related obligations. It’s important for all retired service members to know that they can be subject to these consequences even after they’re long retired from the military. As a result, anyone facing a potential court-martial or other disciplinary action – including a potential grade and retirement pay reduction – should get experienced legal guidance as soon as possible to protect their rights.]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[What to know if you’re facing an internal military investigation]]> https://www.militaryandveteranslaw.com/?p=47375 2026-09-08T00:53:01Z 2026-09-08T00:53:01Z Types of internal military investigations and potential consequences There are multiple types of military investigations. Some events automatically require an investigation. These include battlefield events (like “friendly fire” incidents) and servicemember suicides. Common types of internal military investigations include the following:
  • Criminal investigations (covered under Rule of Court Martial 303)
  • Injury, illness or death in the line of duty (LOD) investigations
  • Government property loss/damage investigations
  • Commander-directed investigations (CDIs)
It’s important to know what the potential consequences are for you – both within and outside the military. That’s true regardless of what type of investigation you’re facing. For example, if a LOD injury is determined to have been caused by misconduct on your part, your VA benefits may not cover your medical treatment and rehabilitation. The stakes can be far greater if you’re facing a criminal investigation. Each branch of the military has its own special investigation unit for offenses included in the Uniform Code of Military Justice (UCMJ). Note that an investigation can begin as an administrative one (for example, a CDI investigation) but lead to a criminal investigation if evidence of a UCMJ violation is uncovered. If you’re the subject of any type of internal military investigation, you don’t have to deal with it alone. It’s smart to get experienced legal guidance as soon as possible to protect your military career and your future accordingly.]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[Preserving military benefits that help your family]]> https://www.militaryandveteranslaw.com/?p=47373 2026-08-24T16:29:45Z 2026-08-24T16:29:45Z There are many types of military benefits that may be helpful to both veterans and their family members after they have left the military. One example is hospital indemnity insurance. In some cases, veterans and family members may qualify for this insurance, which is provided by the Military Benefit Association (MBA). For unexpected hospital stays, illnesses and injuries, a daily cash payment is provided. This can be very helpful for a family that is experiencing an emergency. The cash payment may be put toward an insurance deductible, for example, or to out-of-pocket expenses that the family is facing. It helps to provide some financial stability at this time.

Potential housing options

Another area to consider is securing housing for a family. Many veterans are eligible for Specially Adapted Housing (SAH) grants. If a service member has a disability from their time in the military, this grant can help them modify their home. Another example is mortgage assistance. Some veterans are eligible for repayment assistance, which could include setting up a special repayment plan or modifying a loan. Furthermore, some retirees or even separated military members are eligible for on-base housing. This is private housing, and the rate is based on the Basic Allowance for Housing (BAH). Not every military base allows this housing option, and it depends on vacancy levels, but it can be helpful for those who need to prioritize their housing options.

Retaining these benefits

These are just a few examples of ways that military veterans can sometimes qualify for different benefits or assistance programs that can help their family. But one thing that can put these benefits in jeopardy is having any issues with the service member’s records. Perhaps they received a dishonorable discharge, for example, which has prevented access.  In some cases, it is possible to go before the Board for Correction of Military Records and have the status changed to an honorable discharge that may restore access. This can be a complex process, but it is very important to a person’s long-term security after they retire from the military, and an experienced attorney can help them explore their legal options.  ]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[When addiction contributes to an Other Than Honorable discharge]]> https://www.militaryandveteranslaw.com/?p=47371 2026-08-16T00:32:04Z 2026-08-16T00:32:04Z Addiction can be an exculpatory factor The Board for Correction of Military Records (BCMR) hears petitions from people who believe that their discharge was unfair. During the review process, former service members and their lawyers can present information about extenuating circumstances that may have contributed to an Other Than Honorable discharge. Substance abuse can contribute to behavior that leads to an involuntary separation. People dealing with the stress of military life through self-medication may develop significant addiction issues related to alcohol, prescription medications and other mind-altering substances. There is a strong connection between mental health challenges and substance abuse disorders and an increased risk of an Other Than Honorable discharge. When there is documentation of a service member's substance abuse struggles, especially if they have since made efforts to undergo treatment and improve their circumstances, that can create a compelling narrative to present to the board of military corrections. Requesting a discharge upgrade can open doors for people who may struggle to support themselves and their loved ones after a Less Than Honorable discharge. The guidance of an attorney familiar with the challenges of military law can be helpful for those questioning the fairness of their official discharge status.]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[Can you refuse non-judicial punishment in the military?]]> https://www.militaryandveteranslaw.com/?p=47368 2026-08-07T09:31:34Z 2026-08-07T09:31:34Z What it means to refuse non-judicial punishment Federal military law gives most service members the right to turn down non-judicial punishment and demand a trial by court-martial instead. Depending on your branch, you may know this process as an Article 15, a Captain's Mast or Office Hours, but the right to refuse applies across all active-duty branches. There are two notable exceptions. If you are attached to or embarked on a vessel, your commanding officer can proceed with NJP regardless of your preference. If you serve in the Minnesota National Guard under state authority, your right to refuse depends on whether your commander seeks to restrict or arrest you in quarters under the Minnesota Code of Military Justice.

What happens after you refuse NJP

Refusing NJP does not automatically result in a court-martial. Once you refuse, the hearing ends and the decision returns to your commander, who can drop the matter, pursue administrative action or refer the case to a court-martial. There is no guarantee of which path they will choose. The most significant risk is a court-martial referral. Unlike NJP, a court-martial conviction is a federal criminal conviction that can follow you long after your service ends. Depending on the level of court-martial, you could face confinement, a punitive discharge and a permanent criminal record. NJP, by contrast, is not a criminal conviction. While it can affect your rank, pay and career prospects, it does not carry the same long-term legal consequences.

The right move depends on your situation

Whether refusing NJP makes sense depends on the strength of the evidence, the nature of the alleged offense, and what you stand to lose on either path. The decision to accept or refuse is one of the most consequential choices you can make as a service member. Speaking with a military defense attorney before making that decision can help you understand your options and the most strategic path forward.]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[What happens at an administrative separation board hearing?]]> https://www.militaryandveteranslaw.com/?p=47366 2026-07-22T03:13:04Z 2026-07-22T03:13:04Z The purpose of the hearing An administrative separation board hearing is a formal proceeding used to determine whether a service member should be separated from the military before the end of their enlistment or service obligation. These hearings are often convened in cases involving alleged misconduct, unsatisfactory performance, security concerns or other circumstances that may warrant administrative discharge. The board generally consists of three members tasked with examining the facts of the case before making recommendations. Unlike a criminal court-martial, the purpose is not to determine criminal guilt or innocence. Instead, the board evaluates whether administrative separation is justified and, if it is, what characterization of service should accompany the discharge. Possible characterizations may include Honorable, General (Under Honorable Conditions) or Other Than Honorable. These distinctions can have significant consequences for future employment opportunities, eligibility for certain veterans' benefits and other aspects of civilian life.

What are your rights?

If you're facing an administrative separation board hearing, you have important rights designed to help ensure the process is fair. These generally include the right to be represented by legal counsel, review the evidence supporting the proposed separation and receive advance notice of the allegations against you. You also have the right to present evidence in your support, call witnesses and testify on your own behalf. In addition, you may challenge unfavorable evidence and question witnesses whose testimony is being used to support the proposed separation.

Building your case before the hearing

The strength of your position often depends less on what happens during the hearing and more on the preparation that comes before it. Remember, these hearings are fact-finding proceedings, which means the evidence presented can significantly influence the board’s recommendations. Reaching out for early professional legal guidance can help ensure you are fully prepared to present your side of the story effectively.]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[When a military disability rating is unfairly low]]> https://www.militaryandveteranslaw.com/?p=47364 2026-07-03T13:00:42Z 2026-07-03T13:00:42Z determines the benefits the veteran receives. In some cases, veterans may need help appealing an unfairly low determination.

Appealing disability ratings can be difficult

Military veterans already dealing with medical complications may struggle to navigate the VA's benefits system. Not only can it be difficult to understand the rating system the VA uses, but it may also be difficult for veterans to manage the bureaucratic process necessary to correct an inappropriately low disability rating. Veterans can file a supplemental claim if they have new evidence to support their disability claim. They can ask for a higher-level review if they believe the initial rating was an error based on the evidence already submitted. They can also request a formal appeal at the Board of Veterans' Appeals. Legal professionals who have experience with military law can help manage paperwork, collect medical documentation and present a compelling case about a veteran’s disability benefits. Reviewing one’s current disability rating and how it fails to account for a veteran's functional limitations can help frustrated veterans understand their options. The advocacy of a legal professional familiar with military law can help veterans correct an inaccurately low VA disability rating.]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[Stigmatizing military discharge documents]]> https://www.militaryandveteranslaw.com/?p=47361 2026-06-22T14:35:16Z 2026-06-22T14:35:16Z One issue with military discharge documents and classifications is that they can carry certain stigmas. These can harm a person's reputation even after they are discharged from the military. A discharge designation could affect a veteran's career and opportunities moving forward, which is why people often want to rectify these issues if they do not feel that the designation truly matches the situation that occurred. This is especially clear in cases where someone receives a dishonorable discharge. They have been accused of some form of misconduct by the military. They may feel they did nothing to warrant this black mark on their record.  But even when somebody is given a general discharge, they may argue that it is stigmatizing when compared to an honorable discharge. That was the case in a lawsuit brought by two military veterans. They believed they deserved honorable discharges due to mental health conditions, but they were instead given general discharges.

Disagreement over the details

The issue often stems from disagreements over how the discharge took place. One of the veterans in the aforementioned lawsuit served in Afghanistan throughout 2010 but was later diagnosed with a traumatic brain injury (TBI) and PTSD. She then missed military drills with excuses from her doctor, based on those diagnoses. However, the military still determined that she was absent without leave in May 2012. They claimed she had unsatisfactory participation and gave her a general discharge. She believed she should have received an honorable discharge because the PTSD and TBI prevented her from fulfilling her military duties. There are options to challenge a discharge designation, and it can help to work with an experienced attorney.  ]]> On Behalf of Midwest Military & Veterans Law, PLLC <![CDATA[Correcting harmful errors in your military record]]> https://www.militaryandveteranslaw.com/?p=47359 2026-06-10T23:03:36Z 2026-06-10T23:03:36Z correction of military records offers a path to fix these issues, but the process is complex.

When a correction becomes necessary

Some mistakes require formal action because they create lasting harm and often involve more than simple clerical errors. Common problems you may be able to correct include:
  • Inaccurate performance evaluations that misrepresent duties or achievements
  • Unfair reprimands that remain in a file long after the underlying issue was resolved
  • Incorrect separation codes that limit employment or benefits
  • Missing awards or qualifications that affect advancement
  • Faulty medical entries that influence disability evaluations
These concerns can undermine a service member’s record on a long-term basis. A correction request helps ensure that the official file reflects the truth.

How the correction process works

The Board reviews applications that present clear evidence of an error or injustice. For the best possible outcome, applicants must gather documents, obtain witness statements and provide service records to support the request. A strong submission should explain how the mistake or oversight occurred and why it continues to cause harm. The Board then evaluates the materials provided and issues a written decision.

Why guidance matters

The correction system involves strict rules, deadlines and evidentiary standards, but a well prepared submission improves the chances of success. Skilled legal guidance can help you identify the strongest arguments and assemble the right documentation for your case.]]>