Military Law Defense: Protecting the Rights and Privileges of Service

Service Members Have Rights. So Does Their Career.

Serving in the United States Armed Forces is one of the most honorable commitments a person can make. But service members do not leave their rights at the door when they put on the uniform. Under the Uniform Code of Military Justice (UCMJ), every Soldier, Sailor, Airman, and Marine is entitled to due process, to a fair hearing, and to counsel.

Unfortunately, many service members face adverse administrative actions and criminal proceedings without fully understanding the rights they have — or how to defend them. By the time the stakes become clear, a career, a pension, and a future can already be in jeopardy.

At Elm Ridge Legal Consulting LLC, Kurt Perhach represents service members in military justice and administrative matters across all branches, with a focus on the U.S. Army. He has been practicing military law for over 20 years, and he specializes in helping Soldiers protect and defend the rights and privileges of service they have earned.

Why You Need a Civilian Military Defense Attorney

When you are facing military discipline, the government provides a military defense counsel at no cost. But there is a reason so many service members choose to bring in a civilian attorney: independence, experience, and undivided loyalty.

• Independence — A civilian attorney is not part of the chain of command or the military legal bureaucracy. He answers only to you.
• Experience — Kurt has spent more than two decades inside the military justice system as a Judge Advocate in the U.S. Army Reserve JAG Corps, currently serving as a Colonel and Commander of the 117th Legal Operations Detachment.
• Availability — A civilian attorney can often dedicate more time and attention to your case than an overburdened trial defense counsel.

You have the right to civilian counsel at your own expense, and choosing the right civilian military defense attorney can be the most important decision you make for your career.

Article 15 — Nonjudicial Punishment

An Article 15, also known as nonjudicial punishment under Article 15 of the UCMJ, is one of the most common disciplinary actions a Soldier can face. Commanders use Article 15s to punish misconduct without the formality of a court-martial, and the consequences can include reduction in rank, forfeiture of pay, restriction, extra duty, and even reprimands.

While an Article 15 is not a criminal conviction, it can derail a career, trigger administrative separation, and follow a Soldier for life. You have the right to:

• Consult with counsel before accepting or refusing the Article 15
• Demand trial by court-martial instead
• Present evidence and witnesses at the Article 15 hearing
• Submit a written rebuttal and matters in mitigation

The decision to accept or turn down an Article 15 is one of the most consequential choices a service member can make. Kurt helps Soldiers evaluate the evidence, weigh the risks, and make the choice that best protects their rank, their record, and their future — then fights for the best possible outcome at the hearing.

GOMOR — General Officer Memorandum of Reprimand

A General Officer Memorandum of Reprimand (GOMOR) is a formal written reprimand issued by a general officer. A GOMOR is serious — it is often the first step toward administrative separation and the end of a military career.

A filed GOMOR can:

• Become a permanent part of your Official Military Personnel File (OMPF)
• Trigger a Show Cause or administrative separation board
• Prevent promotion and reenlistment
• Result in the loss of retirement benefits

But a GOMOR is not the end of the road. Service members have the right to submit a written rebuttal, present matters in mitigation, and request that the GOMOR be filed locally rather than permanently. Kurt helps Soldiers craft powerful rebuttals, gather supporting evidence and witness statements, and advocate for filing decisions that preserve the career.

When a GOMOR leads to administrative separation, Kurt represents Soldiers before administrative separation boards — fighting to retain them in the service or, where separation is unavoidable, to secure the most favorable characterization of service (Honorable over General, General over Other Than Honorable).

Courts-Martial

A court-martial is the most serious proceeding in the military justice system — a federal criminal trial that can result in confinement, a federal criminal record, reduction in rank, forfeiture of pay, and a punitive discharge (Bad Conduct or Dishonorable). The three types of courts-martial — Summary, Special, and General — carry escalating consequences, with a General Court-Martial capable of imposing the most severe punishments.

If you are facing a court-martial, everything is on the line: your freedom, your career, and your future as a citizen.

Kurt defends service members against the full range of UCMJ offenses, including:

• AWOL and desertion
• Disrespect and insubordination
• Disobedience of lawful orders
• Fraud, larceny, and wrongful appropriation
• Drug offenses (wrongful use, possession, distribution)
• Sexual assault and related offenses under Articles 120, 120b, and 120c
• Conduct unbecoming an officer
• Dereliction of duty

He prepares every court-martial case as if it is going to trial — because the threat of a prepared, aggressive defense is often what produces the best result, whether that is an acquittal, a lesser charge, or a favorable pretrial agreement.

Administrative Separations and Boards

Beyond courts-martial and Article 15s, service members can face administrative separation proceedings for a wide range of reasons: misconduct, failure to adapt, weight standards, medical conditions, and more. The characterization of discharge — Honorable, General (Under Honorable Conditions), or Other Than Honorable — determines future veterans' benefits, employment prospects, and reputation.

Kurt represents Soldiers before:

• Administrative separation boards
• Show Cause proceedings
• Medical Evaluation Boards (MEB) and Physical Evaluation Boards (PEB) appeals
• Promotion review and removal boards
• Discharge upgrade petitions before the Discharge Review Board and Board for Correction of Military Records

More Than 20 Years Defending Those Who Serve

Kurt Perhach is a Colonel in the United States Army Reserve Judge Advocate General's (JAG) Corps, serving as Commander of the 117th Legal Operations Detachment and General Counsel for the U.S. Army War College. His military legal career spans more than two decades and 24 total years of service, giving him a deep understanding of both the letter of military law and the culture of the Armed Forces.

He speaks the language of the command. He knows how the military justice system works — and where it can fail the individual service member. That insider knowledge, paired with his independence as a civilian advocate, is what allows him to fight effectively for the people who serve.

Serving Soldiers Across the Region

Elm Ridge Legal Consulting LLC serves military clients across New Jersey, New York, and Pennsylvania, representing Soldiers at installations throughout the region and beyond. Whether you are at Fort Dix, Joint Base McGuire-Dix-Lakehurst, Picatinny Arsenal, West Point, or serving elsewhere, Kurt can help.

Protect Your Rights. Protect Your Career.

If you have been notified of an Article 15, a GOMOR, a court-martial, or administrative separation proceedings, do not wait. Early, experienced counsel can shape the investigation, protect your rights, and change the outcome.

Contact Elm Ridge Legal Consulting LLC today for a confidential consultation. Kurt Perhach has spent more than 20 years defending the rights of those who defend this country — and he is ready to fight for you.