U.S. Army Changes Policy on Discharges for Soldiers Accused of Serious Crimes

The U.S. Army Implements New Rule to Prevent Soldiers Accused of Serious Crimes from Leaving Service Without Trial

In a groundbreaking decision, the U.S. Army has announced that military commanders will no longer have the authority to decide whether soldiers accused of certain serious crimes can leave the service rather than face a court martial. This new rule comes after a year-long investigation by ProPublica, The Texas Tribune, and Military Times revealed that hundreds of soldiers charged with violent crimes were being administratively discharged instead of being tried in court.

Effective immediately, the newly created Office of Special Trial Counsel, a group of military attorneys specializing in handling cases involving violent crimes, will now have to approve any soldier’s request for a discharge in lieu of court martial, also known as Chapter 10, in certain cases. Without the attorneys’ approval, charges against a soldier cannot be dismissed.

The new rule specifically applies to cases falling under the purview of the Office of Special Trial Counsel, including sexual assault, domestic violence, child abuse, kidnapping, and murder. This change comes after Congress authorized the creation of this legal office in response to longstanding pressure to reform how the military responds to violent crimes, particularly sexual assault.

According to Army officials, the decision to change the discharge authority was directly linked to the establishment of the Office of Special Trial Counsel. The move aims to ensure that soldiers accused of serious crimes are not able to avoid facing consequences for their actions.

While the Office of Special Trial Counsel will now have the final say in approving discharges in lieu of trial, commanders still retain the option to impose other administrative punishments if the attorneys decide to drop a charge. However, military law experts have praised the Army’s decision as a step in the right direction.

Retired Col. Don Christensen, a former Air Force chief prosecutor, commended the Army for closing the loophole that allowed soldiers to avoid trial for violent crimes. He emphasized the importance of removing commanders from the judicial process entirely, a change that he believes the military has been hesitant to make.

The Army’s decision to implement this new rule sets a precedent for other branches of the military to follow suit. The U.S. Navy has already taken similar steps, while the U.S. Air Force is in the process of changing its rules for enlisted members. The U.S. Marines, however, have not yet made any changes to their discharge system.

Overall, the Army’s move to prevent soldiers accused of serious crimes from leaving the service without trial marks a significant shift in how the military handles cases of violence and misconduct. This decision reflects a commitment to holding individuals accountable for their actions and ensuring justice for victims of these crimes.