Understanding Leave Rights for Soldiers Under UCMJ Proceedings Eligibility for Leave During UCMJ Proceedings: A common misconception in the military is that soldiers undergoing the Uniform Code of Military Justice (UCMJ) process are automatically ineligible for leave. However, this is not typically the case. Soldiers should not be denied leave solely on the grounds of being involved in UCMJ proceedings. While a company commander has the authority to deny leave requests for various reasons, the fact that a soldier is engaged in the UCMJ process should not be a standalone reason for denial. Regulations on Leave for Flagged Soldiers: According to Army Regulation (AR) 600-8-2, soldiers who are flagged for investigation still retain the right to take regular leave. The decision to approve or deny such leave requests ultimately rests with the soldier’s commanding officer. It’s important to note that while flagged soldiers are generally restricted from taking "advance or excess leave," the regulation does allow for exceptions under certain circumstances. Clarifying Misunderstandings About Leave Policies: The belief that a flagged soldier is barred from taking any form of leave is a prevalent misunderstanding among many company commanders. This confusion underscores the importance of having legal representation throughout the UCMJ process. An experienced military lawyer can play a vital role in these situations, liaising with the command’s legal team to clarify regulations and advocate for the soldier's leave rights. The Role of Legal Counsel in Leave Matters: Having a lawyer represent you during UCMJ proceedings can be invaluable, particularly in addressing misconceptions about leave policies. Legal counsel can ensure that commanders are correctly informed about the regulations, advocating for the soldier’s rights and helping to navigate the complexities of the military justice system.

Understanding Your Rights: Phone Searches in the Military Warrant or Consent Required for Phone Searches: A common concern among military personnel is whether the military has the authority to search through their personal phone. The key principle here is that the military cannot conduct a search of your phone without either a valid warrant or your explicit consent. This is an extension of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The Importance of Consent: It’s a standard practice for military investigators to request permission to access your phone by asking questions like, “Can I look at your phone? Can you unlock it for me?” These questions are a direct request for your consent to conduct a search. If you give your consent, they can proceed with the search without needing a warrant. However, it’s crucial to understand that you are under no obligation to grant this consent. Your rights as a service member include the freedom to respectfully decline these requests. Your Constitutional Rights in the Military: Being in the military does not mean you forfeit your constitutional rights, including those guaranteed under the Fourth Amendment. It’s important to exercise these rights and safeguard your privacy and personal information. Handling Situations Involving Warrants: In instances where the military has obtained a warrant, they are legally permitted to take your phone. However, even in this scenario, you are not required to assist in the search. This means you do not have to provide your PIN or unlock your phone. The protections of your rights remain in place, warrant or no warrant.

Clarifying Leave Entitlement for Soldiers Under Investigation Leave Eligibility for Flagged Soldiers: A key question often arises among military personnel: Can a soldier take leave while being flagged for investigation? The answer is yes. Soldiers who are flagged for investigation are not automatically prohibited from taking regular leave. The decision to grant leave ultimately lies with the soldier's commanding officer. Being flagged for investigation, in itself, should not be the sole basis for denying a leave request. Specific Restrictions Under AR 600-8-2: According to Army Regulation (AR) 600-8-2, the primary restriction for flagged soldiers concerns "advance or excess leave." In these cases, the regulation does impose limitations. However, it's important to note that even within these constraints, exceptions can be made based on specific circumstances. Common Misconceptions Among Commanders: A widespread misconception among many company commanders is that soldiers who are flagged for investigation are ineligible for any form of leave. This misunderstanding can lead to unnecessary complications and frustrations for the soldiers involved. The Importance of Legal Representation: Given these potential misconceptions, having legal representation is crucial for soldiers going through the investigative process. A knowledgeable military lawyer can ensure that the commanding officers are properly informed about the applicable regulations regarding leave. This legal support can help in advocating for the soldier's rights and in facilitating clear communication with the command’s legal team, thereby ensuring that decisions are made in accordance with military regulations.

“GOMAR” is another pronunciation of GOMOR, which stands for a General Officer Memorandum of Reprimand (GOMOR).

I serve clients all over the world. If the client is in the military and needs help with a military legal matter, I can help.

Yes. Cody Harnish and Harnish Law, PLLC represent all branches. Army, Navy, Marines, Air Force, Space Force, and Coast Guard. Thankfully the UCMJ stands for Uniform Code of Military Justice, meaning all the laws are uniform (or the same) across all branches of the military. While regulations and instructions can be different, they are also based off the same laws passed by congress and signed by the president. While it seems that the US Army is the biggest prosecutor of courts-martial and separation boards, Harnish Law has represented members in all branches (except for the Space Force . . . not yet).

GOMOR stands for General Officer Memorandum of Reprimand. It is a formal letter from a General "chewing out" a Soldier for misconduct.

Courts-Martial Sexual Assault Allegations Representation in Military Criminal Investigations Board of Inquiries (Show Cause Boards) Administrative Separations Boards Representation in Command Investigations Non-Judicial Punishment Responding to Letters of Reprimand

Short Answer: You get what you pay for. Longer Answer: Cody is dedicated to working on his clients’ cases. Due to the popularity of Cody’s videos on TikTok and the influx of calls coming in on a daily basis, Cody can no longer offer free consultations. Cody offers these 30 min consultations at a discounted rate, when compared to his legal hourly rate. This allows Cody to spend more time working on his current client’s cases versus spending all day on the phone and zoom giving free legal advice.