The consequences of a soldier's failure to appear at a court martial can be severe, as highlighted by personal experiences in the military. This article explores the reality of such situations and the steps taken to address them, illustrating the complexities involved in military justice.

Introduction to Court Martial

A court martial is a military tribunal designed to try members of the military against the military law, including offenses ranging from minor misconduct to severe violations. The process involves a trial where evidence and testimony are presented, and members of the military are judged by their peers or a military judge. Failing to appear at a scheduled court martial can result in dire consequences for the soldier.

Personal Experience: A Soldier's Perspective

The speaker in this case served in the military and faced two separate court martials over a period of three years. Initially, the process involved a rigorous trial that lasted five days. Despite numerous charges, the speaker was not placed in custody during these proceedings and could return home each night. The outcome of this trial resulted in an 8-year sentence, a demotion to E-1 rank, and the loss of all pay and allowances but no punitive discharge.

Initial Sentence and Incarceration

The speaker was incarcerated for four years before facing further legal proceedings. This process involved a lengthy appeals system, which eventually led to a somewhat vindication of the speaker's situation. They were released early and reinstated into service. Of the 14 charges, eight were dismissed, and the initial allegation was set aside, allowing the speaker's branch to retry the case on the same charge. The second court martial only lasted two days, and the speaker was acquitted. Due to the time already served and the position of exceeding the 20-year mark, the speaker was given time served for the charges that were not dismissed, reinstated, and approved for retirement.

Implications of Running or Fleeing

Had the speaker attempted to flee or run, the consequences would have been much more severe. Convicting the speaker would have entailed additional charges and implications, potentially including more serious penalties. The prosecutor may have used this as an opportunity to increase the number of charges, further complicating the case and potentially leading to more severe sentences.

Case of a Lieutenant Colonel

Another illustrative case involves a Lieutenant Colonel facing a court martial due to the death of a Captain under his command. This Lieutenant Colonel was eventually found not guilty, but the experience left him deeply upset and even led him to resign from active service. This case highlights the potential long-term impact that a court martial can have on a military career, especially for higher-ranking officers.

Conclusion

For soldiers, the stakes in court martial proceedings are high. The decision to appear or not can significantly impact the outcome and potential consequences. These cases demonstrate the importance of facing allegations head-on and the benefits of adhering to the military justice process. Running or fleeing not only increases the severity of the consequences but also makes the soldier appear more culpable.

Regardless of the perceived injustices or prejudices within the military justice system, the best course of action is to engage with the process fully and seek the necessary support and legal counsel to protect one's rights and interests.