A SPCM is a formal trial similar to a civilian criminal court, with one or more trial counsel (prosecutors), defense counsel and a military judge, all of whom are members of the Judge Advocate General’s (JAG) Corps. There may also be a jury consisting of three or more military members.

A court-martial or court martial (plural courts-martial or courts martial, as “martial” is a postpositive adjective) is a military court or a trial conducted in such a court. Most military forces maintain a judicial system that tries defendants for breaches of military discipline.

Special Court-Martial. In this type of special court-martial, an accused may elect to be tried by the military judge alone, i.e., without a panel. An officer accused in a special court-martial cannot be dismissed from the service, be confined, or reduced in rank.

In the military system, jury selection is unique. The jury is called a panel. The Court Martial Convening Authority (CA) selects the panel from a pool of available members of the command. In a special court-martial, the jury must be composed of at least three members.

Winning Your Court Martial is Easier Than You Might Think. The chances of getting an acquittal at a court-martial are higher than almost any other American courtroom today. There are many reasons for this, but most cases are lost because of poor investigations, poor prosecution, and command abuse.

REFERRAL OF CHARGES TO COURT Referral occurs when the highest competent authority, the General Court-Martial Convening Authority, after reviewing the allegation and Article 32(b) hearing report, decides to send it to court. After referral, the decision-making shifts from the highest commander to a military judge.

general court-martial

If on the other hand a military investigation is being handled by the branch specific military law enforcement, those investigations can last a few months, up to several months, and even as far as over a year depending upon the nature of the allegation.

Can law enforcement officers take a service member’s phone and read his text messages? A. However, when officers lack a warrant or probable cause, they generally can no more enter a service member’s home and confiscate items than they can snoop around his or her cellphone for incriminating text messages.

The short answer is that we would not recommend ever consenting to a search of your digital world – computers, phones, cameras. If law enforcement wants to seize a phone, the 4th Amendment, US Constitution requires them to obtain a warrant.

Soldiers flagged for APFT failure who are permanently changing station (PCS) or have expiring terms of service (ETS) are not authorized to be recommended for or receive awards while they are flagged. The waiver request must be submitted and adjudicated prior to submission of the award recommendation.

If it is determined that he could not pass a PFT because of a physical defect, and through no fault of his own, it is possible that he could receive an honorable discharge. Although possible, it is fairly rare for a serviceman to get an honorable discharge without completing his contract of enlistment.

But to answer your question more specifically… Your unit can only keep you flagged for a period of time determined in the service regulation. In the Army, the unit must review your flag every 90 days. If there is good cause to keep it in place then they will do so.

In the U.S. Army, being “flagged” means a soldier’s record is marked with a form indicating that the soldier cannot attend schools towards promotion, be promoted, or reenlist until the conditions that prompted the “flag” are corrected.

Will I know if I am Flagged? Yes; the flagging authority, unit commander, or first line supervisor will counsel all Soldiers in writing upon initiation of any Flag within 2 working days, unless counseling will interfere with an ongoing investigation. The Flag will also be visible on the Soldier’s ERB or ORB.

No… however, if one is flagged they will not be promoted in that status, med board or not. I saw several soldiers leave the Army due to bars to reenlistment.

Question: “If a Soldier is flagged for adverse action pending an investigation, will he be removed from the promotion standing list?” The answer is no. A Soldier must have received punishment or court martial under Article 15, the Uniform Code of Military Justice, in order to lose promotable status.

No the flag cannot prevent your deployment forward.

There is no expiration to a Soldier’s promotable status.