Turning a Tag into a Court-Martial


A soldier was convicted for being absent without leave (AWOL) after finding out his Army unit’s deployment was extended to a year in Iraq. United States v. Scheuerman, 2009 CAAF LEXIS 812, 7-8 (C.A.A.F. 2009).  The Defendant claimed he suffered from post-traumatic stress disorder, which is why he went AWOL. 

Part of the evidence against the Defendant was testimony from platoon sergeant on the Defendant’s negative attitude on the Army. Rules for Courts-Martial 1001(B) allows for presenting evidence in aggravation of “any aggravating circumstances directly relating to or resulting from the offense of which the accused has been found guilty.” Scheuerman, 4-5.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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