Hi, everybody, I am Patti, known on PTO as "FriscoLady". Fed-x and the PTO Admin staff has given me the privilege of being the moderator for this forum.

This forum is dedicated to giving to the public a basic knowledge of how the military justice system works and most importantly a place of support and care for those who are or whose loved ones are caught in this system.

The "laws" of the military justice system are called the "Uniform Code of Military Justice" otherwise known as the UCMJ.

The UCMJ is a standard set of regulations for the conduct and behavior of primarily military personnel, both officer and enlisted for the five uniformed services, U.S. Army, Air Force, Coast Guard, Navy and Marines. However, there are several other catagories of personnel who are covered by the UCMJ at various times. I hope to post various articles on the UCMJ that will cover it in greater depth in the near future.

This forum is dedicated to all services and individuals covered by the UCMJ, however, my experience is with the U. S. Coast Guard.

I was active duty for 20 years and retired from the service in 1995. I retired with the rank of Petty Officer First Class and held the rating of Yeoman.

Yeoman is a fancy military term for Glorified Administrative Assistant/Secretary and Jill of all administratve trades. Say that three times fast!

Though I held various duties and assignments over the 20 years, I was a Military Court Reporter/Paralegal for 3 years. I am a certified Paralegal in the state of California, graduate of San Francisco State University. Though I have not practiced since retirement from the service. I am also a graduate of the Coast Guard Court Reporter School.

During my time stationed in a Coast Guard Legal Office I was responsible for legal research to assist the Attorneys and for the preparation of legal assistance documents, such as Wills, Powers of Attorney, etc.

However, my secondary function was to provide Court Reporter services during Courts-Martial, in this function I was trained and worked much as a civilian Court Reporter.

I do not claim to be an expert in the field of military justice, there are others with far greater knowledge.

But, as many of you know the military and the men and women serving in our military are very near and dear to my heart. I hope to support both my PTO and military family by helping inform others of the legal aspects of military life.

If I can be of help to you, please, feel free to pm me through PTO.

Yours,

Patti

Please feel free to post your introductions here.

Patti

Patti - so glad to see this forum up and open for business. I look forward to learning about the Military Justice System - and I know that we will help a lot of people along the way!

Good luck with this new Forum!

Patti,
I look forward to learning alot about this too. I am so glad we have you with your wealth of knowledge and insights first hand I know that we will get an abundance of knowledge that we would not other wise know or hear about.

cherrie from tx

Patti welcome aboard, this is going to be perfect for you with all your knowledge. You will be a great teacher to all of us about the military and its Justice System.

I look forward to reading your post, so get typing my friend......:D

hugs
softie

well, the only connections i have to the military was my (now dead father) & my grandfather...my grandfather was in the military for over 25 yrs & his ranking was a colornal (sp).
i hope to learn ALOT of info. from this forum. im so glad it is here now! :)

Alright! I'm really glad to see this forum taking off. Having a son "involved" in the military justice system, and (almost) being in the practice of criminal law myself, I hope I can add some tidbits of insight and information along the way. If I don't have an answer, I can always look it up. I have many, many military law resources and will be glad to help out whenever possible. It's a different system from the civilian-in some ways better, in some ways far worse. Here's to hope!

-- Lisa

Alright ... for those of you reading and studying Military law from boooks, please remember that what you read is not necessarily applied the way you might think. Terms like 'may' ... really mean almost never ... especially when they are in reference to issues like grants for clemency or parole ... the system is intentionally harsh and unbalanced ... but it doesn't read that way.

I've lived it ... and will try to answer any questions I can.

James

James,
You're right. Anytime the word "may" is used in a statute, rule or regulation it means the action is discretionary. Since UCMJ is administered by a service branch, which is ultimately an "agency" in the Executive Dept, administrative law principles applies. So, most discretionary decisions evade judicial review and that's more than a bit scary. However, I have researched various issues over the past year and was pleasantly surprised a few times that in some ways military procedures grant more due process than civilian courts. Also, there seems to be a quiet movement to revamp the military justice system. You don't hear about it much and have to dig deep into the law journals and reviews to find the articles.

I do have one question for you. It seems USDB is for those sentenced to 5 years or more. In a previous post, you said you served 4 years. Were you paroled or was that due to mandatory release or what? If it was parole, what did you do to get it first time around? Hope I'm not being too nosy, and if you think so, let me know. I'd just like to find out as much about the parole situation as possible so my son can prepare. It's 10 years from now but one day can weigh pretty heavy on that scale.

Thanks!

The length of the sentence required to send an inmate to the USDB varies from time to time. When I first arrived there we had over 1300 inmates ... when i left it was down to around 700. They had transfered a lot of the 'old heads' off to the Fed system ... and even sent some back to the RCFs (Regional Correctional Facilities). They even briefly raised the length of a sentenced required to 10 years. This was mainly done to reduce the General Population to a size that would fit into the new prison they were building.

Inmates who were not on 'Life' sentences who transfered to the Feds did fairly well ... with many getting released on parole at their first boards. Inmates transfered with 'Life' sentences were generally told ... "see you after 25 years" by the Feds (where as the DB seemed to parole almost all lifers at 20 or 21 years ... the quickest that I was aware of was 17 years for one 'old head' with life).

I had a 7 year sentence ... between my pre-trial confinement and my USDB time I spent 4 years and 4 months and 2 days inside ... and yes I've counted ... EVERY single day.

I was denied parole the one time I asked ... On my second board I 'declined' because it would have only released me 3 month ahead of my MRD (Minimum Release Date). So I MRD'ed. I could have been out a little earlier, but I had gotten in a fight and lost 90 Days of 'good conduct time' at a disciplenary board. I eventually was given 60 days of it back for helping re-establish the Academics program ... but the extra 30 days I spent for being in a fight was very hard time ... because sitting there knowing I could be out 'right now' was rough.

Of course I was in 4 fights while I was there ... so i guess I was lucky I only got busted the once. I'm not generally a fighter either ... hadn't been in a fight since 4th grade before the DB, but living on the 'inside' is different. The DB is NOT a hard place as Prisons go, but it isn't a church either. In four years I was aware of only one stabbing and two rapes ... most of the stuff there is fist fights and a good amount of theft. There are not many inmates with weapons and 'gang' activity is not a big factor. There are mainly 4 groups ... Blacks, Whites, Latinos, and 'Chesters' (child sex offenders). I think that is a lot different from Civilian prisons ... but that is just speculation.

Yet you are correct ... what your son does now while he is still a 'Fish' (new inmate) is imporatant because even one mistake will not be overlooked. Yet it can be so easy to run foul of the rules. Many of the guards don't enforce all the rules ... so inmates get relaxed ... then suddenly a new gaurd shows up and writes you up for something 'you've always done' ... and now you are off to a board with no defense because you are wrong.

Parole ... in 4 years I saw two inmates get parole on their first boards ... both were initially denied by the actual board, but filed an appeal to their Service Secretary and won release. Lesson there ... is just because the board says 'No' ... don't give up. Ask and Appeal until you win ... or MRD. A larger number made parole on their second boards ... prime time was board #3 ... unless you had 'letters' (LIFE). For guys with letters ... it is CRITICAL to get it changed to 'numbers' ... even a 99 year sentence is better than 'life' because guys with 99 years eventually get knocked down to 80 ... then 60 ... then 50 ... and make parole. So I guess that is something to remember ... boards are not just parole boards ... they are also clemency boards ... so ALWAYS ask for both!! Also, some of the services use to allow family members to make a personal appearence at the service level boards in DC ... if they still allow it and you can afford that GO ... it is harder for them to say 'No' to a face then it is to say 'No' to a stack of paper.

Prepare for parole from Day 1 ... cooperate with Mental Health even when it isn't 'cool' ... take the 'group sessions' ... everybody there is doing their time ... to stand out above the rest and show you deserve release you have to do more than 'time' ... you have to work ... study ... do self improvement ... stay out of trouble ... live the rules ... take classes ... all that helps, yet it also doesn't seal the deal ... I'm not certain if there is any sure method to posture yourself for 'quick release' ... afterall I MRD'ed.

I hope this helps ... James

To any parent with a son with a long sentence such as life--My son 17 years ago was sentenced to life and was sent tot he DB--- my son was totally a major problem for the DB and spent most of his time there in the 'hole'. The emotional toll that took on me was unbearable at times but there existed than a parent support group called MOMS which was helpful. That group was instrumental in changing policy and proceduere within the DB that benefited everyone there. If anyone wants any infroamtion or support just ask. My son will be released having been in the federal system and he has grown and made tremendous strides with his life.

onnnnn,

Welcome to PTO!

It is good to have you here and to hear that your son will be released and home.

Again Welcome Aboard,

Patti

Greetings and thank you for this post.
I am an infant in this process and as an infant I cry all night!
I feel so lost and disconnected. Are there support groups like MOMS at other militiary prisons?
"unbearable" is an understatement...but I can't find the words.
Any help would be be greatly appreciated. My son was court martialed on May 18th in WA and I live across the country and my husband and I are both disabled. I was told my son's "First" (something with a rank) was to keep in touch and let us know what was happening. I have not heard from him at all. My son called and doesn't have deoderant, or change of clothes ..etc. I can't find out how to help, where/how to send what he needs.
Can I send money? is there a place for him to buy what he needs?
Is there a cheaper way to communicate?...calling cards, 800 number?
He said he is going to be moved, how do I find out where and when?
Help I am so devestated...
Blessings,
Mothers Love

To any parent with a son with a long sentence such as life--My son 17 years ago was sentenced to life and was sent tot he DB--- my son was totally a major problem for the DB and spent most of his time there in the 'hole'. The emotional toll that took on me was unbearable at times but there existed than a parent support group called MOMS which was helpful. That group was instrumental in changing policy and proceduere within the DB that benefited everyone there. If anyone wants any infroamtion or support just ask. My son will be released having been in the federal system and he has grown and made tremendous strides with his life.

Onnnnn, It took me a while, but I finally read your post. My son has an adjudged life sentence but a plea agreement that limits his sentence to 70 years with eligibility for parole at 10 years. So far, my son is doing okay. He was moved from Level 3 to Level 2, but ended up going back to Level 3 for 60 days after the guards discovered a pencil he used to sketch with. Seems frivolous, but rules are rules. He learned a valuable lesson with that one and I hope it sticks. You're right, the emotional toll is sometimes unbearable, but I keep myself (and try to keep him) focused on the future. I would like more information about MOMS. I think I've seen their website, but I'm not sure. I hope things keep looking positive for your son.

Thanks.

Does anyone talk on this thread anymore?? If not, I'm a parent of an original "lifer" that got reduced to 35. You can email me at
mydelilah@myway.com.
Please do if you have a kid who was one of the "old heads" and is now in the Fed system...ok??

I was at the Old Db from '81 until '00. My experience with the MOMS organisation was that they were well intentioned but totally without a clue. I can't remember one thing that they actually accomplished. Hate to burst anyone bubble.....

I am one of the original board members of the "Old" MOMS group that met in Leavenworth Kansas every year. We did try with the help of many other families of loves ones in prison to try to make the conditions better. Carolyn Dock was instrumental in attending congressional meetings and talking with each new commadant as they started at the DB. We did have the ear of Washington D.C. and tried most of all to help new families to understand the system. Carolyn passed away a few years ago and we decided with her knowledge and wealth of connections gone, we should disband our organization. A new MOMS web-site was developed by a past member and she has tried to give current information, but to my knowledge she no longer is involved with the current web-site. It is pretty dated.

My son is still in the military correctional system and will be for another 4 years. If I can help any person to understand with the knowledge of someone living it since 1994 please contact me.

God Bless.
trlutz

I want to welcom all the the Military Forum!

Patti

Your e-mail was old but maybe you or someone can help me. I'am so new to this my son just went in to naval brig miramar san deigo three weeks ago have not heard from him other than a phone call hr made it there. Hoe do I send money to him can you please help me. Thank You :angry:
Greetings and thank you for this post.
I am an infant in this process and as an infant I cry all night!
I feel so lost and disconnected. Are there support groups like MOMS at other militiary prisons?
"unbearable" is an understatement...but I can't find the words.
Any help would be be greatly appreciated. My son was court martialed on May 18th in WA and I live across the country and my husband and I are both disabled. I was told my son's "First" (something with a rank) was to keep in touch and let us know what was happening. I have not heard from him at all. My son called and doesn't have deoderant, or change of clothes ..etc. I can't find out how to help, where/how to send what he needs.
Can I send money? is there a place for him to buy what he needs?
Is there a cheaper way to communicate?...calling cards, 800 number?
He said he is going to be moved, how do I find out where and when?
Help I am so devestated...
Blessings,
Mothers Love

Hello all,

I'm an active duty (OIF_V) enlisted member. I was supposed to seperate honorably in Aug 07. On my day of seperation I was picked up by investigators and have been on hold ever since pending a GCM. Obviously I can't say much about my open case, especially because it's a federal one. But anyway IF convicted I'm facing 18-36mo, most likely at Miramar Naval Brig.

I've read on prisontalk for a while and tried signing up but my old email messed up, now that I've got it all straightened out I am trying to learn all I can. I'm really glad to find it too.

My main concerns are strategies, and what to expect at Miramar. And how to help my (foreign nat'l) fiance.

Anyway if the worst happens I've prob got a little over a month, so I hope to learn and figure out what I can so as to be best prepared for it.