Military Administrative Defense Attorneys
Joseph Hollander & Craft Military Administrative Attorneys in Wichita, Kansas City, Lawrence & Topeka Kansas represent active duty service members involved in adverse administrative actions. Our firm is located in central Kansas-within driving distance of many Army and Air Force military installations. Yet we offer representation within all active duty service branches, both CONUS and OCONUS.
When your career and reputation are on the line, you need skilled and experienced counsel to aggressively represent your interests against the government. Our firm has staff with key training, experience, and inside knowledge of the military that can be used to your advantage.
The Advantage of Civilian Counsel
You may be appointed a military defense attorney to represent you, but you also have the right to retain civilian defense counsel. Retaining experienced and skilled civilian defense counsel may mean the difference between retaining your active duty career and being discharged. It could also mean the difference between doors remaining open for your future career path rather than having your career options stifled.
The government’s legal team often consists of several military lawyers and support staff. The government’s legal team has the advantage of deciding what action it will pursue against the member. By comparison, members are entitled to the appointment of only one military defense attorney. Often, the military defense attorneys don’t have much experience. Additionally, military defense counsel wear the military uniform, which could negatively impact or restrict their defense strategies. By retaining experienced civilian counsel, you can add firepower to your defense team to help overcome the case the government has built against you.
The government’s investigation is in the best interest of the government. You owe it to yourself and your family to ensure that no stone is left unturned. It may very well mean the difference between winning and losing your case. You should not attempt to handle any adverse matter without the assistance of an experienced lawyer to advise and advocate for you. The government has counsel every step of the way. You should too.
Unlike other defense attorneys who simply review the government’s case against you, our staff will independently investigate the case on your behalf. This includes working with you to identify any information or evidence missed altogether or misinterpreted by the government.
Administrative Defense Services
Command Directed Investigations
Your commander has the inherent authority to appoint an investigating officer to conduct an investigation into matters that could lead to discipline. You may be the subject of the investigation or a material witness. The results of the investigation could lead to adverse administrative action or criminal charges being brought against you. To protect your interests in an investigation, it is important to have experienced counsel on your side.
Letters of Reprimand
You have the right to reply to allegations made against you within an allotted time before a decision is made to file the letter.
Article 15/Non-Judicial Punishment (NJP)
An Article 15 is a non-judicial punishment. It is an administrative tool for Commanders to address punitive offenses too minor to warrant a court-martial. You have the right to respond to an Article 15 or to turn down an Article 15 and demand a trial by court-martial.
You have the right to defend yourself by responding to a Commander’s recommendation for demotion. Your response could mean the difference between withdrawal of the recommended demotion and demotion in rank.
Flying Evaluation Board
A Flying Evaluation Board is held when your performance as a rated pilot comes into question. It is an administrative, fact-finding proceeding conducted to ensure information relevant to your rated qualification is reviewed and discussed in a fair and impartial manner. The government’s case is presented by a pilot. The board is comprised of pilots. The flying evaluation board will make a recommendation as to whether a pilot can continue to fly and whether the pilot should maintain his or her wings.
Involuntary Administrative Discharge
An administrative discharge is termination of employment with the United States military. You are entitled to due process in the separation proceedings. Depending on the circumstances, you may be entitled to a board hearing. A board hearing involves both the government’s counsel and respondent’s counsel submitting evidence, testimony, and arguments before members of the board. The members of the board are tasked with the responsibility of recommending either discharge or retention. If the members recommend discharge, then they are responsible for recommending one of the following service characterizations: honorable, general (under honorable conditions) or under other than honorable conditions (UOTHC).
Boards for Correction of Military Records
The service branches have established boards to conduct an administrative review of a member’s record to determine if correction to the military records is necessary to remedy an error or injustice. The member must submit an application and supporting documentation. The review may result in upgrading the member’s re-enlistment code, upgrading the service characterization, or even reinstating the member to active duty service.