Q: What can he file next and where and is he fighting his case now as military or civilian after he got his DD214?
In 2009 My brother was convicted in the military under court martial jurisdiction . Long story short , He accepted a 15 year PTA to escape a life sentence after the prosecution produced fraudulent rape charges against a minor. He though that by giving a false confession to get a charge other than rape was the only way to avoid the life sentence he was told he was going to get, at the time he was changing medications , not thinking right, he was under psychosis . He pleaded not guilty for rape and guilty for inappropriate conduct and sodomy. He is challenging his case again considering the fallowing factors : He is innocent , there was no substantial evidence that supports the crime only his false confession NCIS video , there were outstanding violations of RCM including more then 120 days in per - trial confinement and many many more. During trial the military judge denied all the motions that were presented by his attorney and that could have proven his innocence.
A: Military law lawyers rarely answer questions here. You need to go see one with all of the facts and transcripts for an evaluation as to whether anything at all can be done.
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