Military Law Forum

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vives2001

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Re: Military Law

Post by vives2001 » Sun Feb 23, 2025 10:57 pm

Bumping this, was just selected an wondering if I should pursue other options

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Bop

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Re: Military Law

Post by Bop » Wed Feb 26, 2025 8:54 pm

The good news is there is currently no indication that internships are in jeopardy (at least in the Army side). The bad news is that it only takes a single executive order or sweeping personnel action for that to change.

How you decide to manage that risk is a personal judgment call.

brickpainter

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Re: Military Law

Post by brickpainter » Wed Feb 26, 2025 10:58 pm

How are funds appropriated for the Army's Student Loan Reimbursement Program? Is this a specific item Congress approves in the Defense Appropriations bills, or is this from a more general pool of funding given to the Army for its discretion? I'm trying to get an understanding for whether this program can easily be revoked, say by an executive order or otherwise.

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Re: Military Law

Post by anonymous19921992 » Thu Feb 27, 2025 11:53 am

brickpainter wrote:
Wed Feb 26, 2025 10:58 pm
How are funds appropriated for the Army's Student Loan Reimbursement Program? Is this a specific item Congress approves in the Defense Appropriations bills, or is this from a more general pool of funding given to the Army for its discretion? I'm trying to get an understanding for whether this program can easily be revoked, say by an executive order or otherwise.

I am interested in this as well. Would appreciate any insights on this. I got this email from JARO back in October before the new admin took office, so this is a longer running issue:

"There has been a recent change regarding bonuses as well. USAR is no longer offering commissioning bonuses/ student loan repayment for any MOS for the foreseeable future."

wet_tissue_paper22

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Re: Military Law

Post by wet_tissue_paper22 » Thu Feb 27, 2025 12:12 pm

anonymous19921992 wrote:
Thu Feb 27, 2025 11:53 am
brickpainter wrote:
Wed Feb 26, 2025 10:58 pm
How are funds appropriated for the Army's Student Loan Reimbursement Program? Is this a specific item Congress approves in the Defense Appropriations bills, or is this from a more general pool of funding given to the Army for its discretion? I'm trying to get an understanding for whether this program can easily be revoked, say by an executive order or otherwise.

I am interested in this as well. Would appreciate any insights on this. I got this email from JARO back in October before the new admin took office, so this is a longer running issue:

"There has been a recent change regarding bonuses as well. USAR is no longer offering commissioning bonuses/ student loan repayment for any MOS for the foreseeable future."
Confirming that I have also heard that no SLRP will be available, at least through USAR. I don't think it's a matter of executive order or the recent broad slashes to government activity - I think that due to the continuing resolutions beginning last year, no funding was available for the SLRP, and the current climate makes it virtually a certainty that it won't be reinstated even if a full and proper NDAA is passed.

vives2001

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Re: Military Law

Post by vives2001 » Mon May 05, 2025 11:32 am

any Army JAGs or people in the know that have intel on the paid status of the active duty internship?

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Re: Military Law

Post by randolawyer » Tue Jun 24, 2025 8:28 pm

Anyone have any experience with applying for JAG without a lot or any public service experience or extracurriculars? Curious to know how competitive the application process is in general. Also, does anyone know if there is any difference between the application cycles?

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Patrick Bateman

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Re: Military Law

Post by Patrick Bateman » Mon Jun 30, 2025 6:24 pm

randolawyer wrote:
Tue Jun 24, 2025 8:28 pm
Anyone have any experience with applying for JAG without a lot or any public service experience or extracurriculars? Curious to know how competitive the application process is in general. Also, does anyone know if there is any difference between the application cycles?
You aren't going to get feedback with questions this broad.

We've got posts going back to the aughts on what makes an application competitive. Same with how competitive the process can be.

Information on what service you are hoping to apply for, and on your background, may generate some insight from the other posters.

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Re: Military Law

Post by Anonymous User » Thu Sep 25, 2025 6:03 pm

Long time reader, first time poster. Becoming a JAG is an interest that has always been in the back of my mind, and before I take the plunge and apply I have some questions about which the group might have some insight. For my background, I’m a T14 grad, did a federal district court clerkship, spent several years at a V10 Biglaw firm in litigation, and for the past several years I’ve worked in a litigating component at DOJ. I have several friends who are currently Army Reserve JAGs, some of whom are prior active duty, some of whom joined the reserves directly, all of whom have told me that they enjoy their experience and are able to manage it and the other commitments in their lives. It seems like the Army Reserve would be the best option for me, though I would not be able to apply until next year, given that the end of this year’s application period is a few days away. Anyway, here are the areas about which I have questions/thoughts:

1. Age: I’m under 40, and will still be at the time I apply, but above the posted age cutoff for the Army Reserve JAG Corps. My friends have told me that age waivers are relatively easy to obtain, however, and I’m in good physical shape with no history of serious physical or mental injuries. Is that accurate?

2. Family: My wife and I have a child under two years old, and we are planning to have another within the next year. One of the best parts of leaving Biglaw for DOJ was gaining more control over my schedule, both to help out at home and see my child more. Joining JAG would require about four months away from home for initial training, followed by the regular monthly and annual periods of service, leaving my wife as the sole parent for up to two young children during those times, and even though we have relatives nearby who would be more than happy to help out, I feel somewhat guilty about missing time with my family. Many of my friends who currently serve in the reserves also have young children, so I know it is possible, but I’m curious about how anyone else has addressed this tension.

3. Career: I plan to stay at DOJ as long as I can, but it is more likely than not that I will return to Biglaw at some point in the future. From what I understand, maintaining a reserve JAG commitment while working in government is very doable, but doing so in private practice, especially Biglaw, is much more difficult. The last thing I want to do is overburden myself in the future, especially if I am making a push for partnership upon returning to private practice. Is my career likely to plateau in either private practice or the JAG Corps if I attempt to do both at the same time? Is the great philosopher Ron Swanson right in saying: “Never half ass two things. Whole ass one thing.”

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Re: Military Law

Post by Anonymous User » Thu Oct 02, 2025 12:15 pm

First off: Great that you're considering JAG. It sounds like you have the right attitude and are asking the right questions. Your background should make you very competitive for admission. Best of luck to you!

My background: I was accepted to reserve JAG in Dec. 2023. Went through the year-long accessions process, including a lengthy medical waiver process for a previous ADHD diagnosis. Just got sworn in and assigned to my unit, but have not done the initial training yet; it's scheduled for next year.

1. I was over the posted age cutoff when I applied, had to submit an age waiver, and was accepted. The advice I received was that their main concern in that you'll be physically capable of completing training and serving. I focused my age waiver on my physical background (was a college athlete), current workout routine, the sports I do now, and how I've been taking practice ACFT tests. I was granted the age waiver with no issue, so from my experience, what you've heard is correct, as long as you're in good physical shape (let them know this explicitly) with no history of injuries.

2. My wife and I are expecting our first child in February. I scheduled my initial training for this past year, so that I could get it out of the way before the baby arrived. But, for bureaucratic reasons outside of my control, it's been postponed twice and I'll now have to be away next year when the baby is here. It's very important that your wife is fully onboard with you joining. They try to work with you around your schedule, but delays and unexpected things happen, and the needs of the Army often conflict with family needs. This is part of serving that can't be avoided, so make sure you and your spouse are on the same page and ready for that commitment. If my wife wasn't fully onboard and supportive, it would be nearly impossible to balance and manage the stress on the family. Don't want to deter you, just an honest word of warning here.

3. I'm a solo practitioner, so somebody else would be better to answer this.

Again, best of luck! This forum was a great resource and a ton of help during my application and accessions process.
Anonymous User wrote:
Thu Sep 25, 2025 6:03 pm
Long time reader, first time poster. Becoming a JAG is an interest that has always been in the back of my mind, and before I take the plunge and apply I have some questions about which the group might have some insight. For my background, I’m a T14 grad, did a federal district court clerkship, spent several years at a V10 Biglaw firm in litigation, and for the past several years I’ve worked in a litigating component at DOJ. I have several friends who are currently Army Reserve JAGs, some of whom are prior active duty, some of whom joined the reserves directly, all of whom have told me that they enjoy their experience and are able to manage it and the other commitments in their lives. It seems like the Army Reserve would be the best option for me, though I would not be able to apply until next year, given that the end of this year’s application period is a few days away. Anyway, here are the areas about which I have questions/thoughts:

1. Age: I’m under 40, and will still be at the time I apply, but above the posted age cutoff for the Army Reserve JAG Corps. My friends have told me that age waivers are relatively easy to obtain, however, and I’m in good physical shape with no history of serious physical or mental injuries. Is that accurate?

2. Family: My wife and I have a child under two years old, and we are planning to have another within the next year. One of the best parts of leaving Biglaw for DOJ was gaining more control over my schedule, both to help out at home and see my child more. Joining JAG would require about four months away from home for initial training, followed by the regular monthly and annual periods of service, leaving my wife as the sole parent for up to two young children during those times, and even though we have relatives nearby who would be more than happy to help out, I feel somewhat guilty about missing time with my family. Many of my friends who currently serve in the reserves also have young children, so I know it is possible, but I’m curious about how anyone else has addressed this tension.

3. Career: I plan to stay at DOJ as long as I can, but it is more likely than not that I will return to Biglaw at some point in the future. From what I understand, maintaining a reserve JAG commitment while working in government is very doable, but doing so in private practice, especially Biglaw, is much more difficult. The last thing I want to do is overburden myself in the future, especially if I am making a push for partnership upon returning to private practice. Is my career likely to plateau in either private practice or the JAG Corps if I attempt to do both at the same time? Is the great philosopher Ron Swanson right in saying: “Never half ass two things. Whole ass one thing.”

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Patrick Bateman

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Re: Military Law

Post by Patrick Bateman » Thu Oct 02, 2025 9:12 pm

Anonymous User wrote:
Thu Sep 25, 2025 6:03 pm
Long time reader, first time poster. Becoming a JAG is an interest that has always been in the back of my mind, and before I take the plunge and apply I have some questions about which the group might have some insight. For my background, I’m a T14 grad, did a federal district court clerkship, spent several years at a V10 Biglaw firm in litigation, and for the past several years I’ve worked in a litigating component at DOJ. I have several friends who are currently Army Reserve JAGs, some of whom are prior active duty, some of whom joined the reserves directly, all of whom have told me that they enjoy their experience and are able to manage it and the other commitments in their lives. It seems like the Army Reserve would be the best option for me, though I would not be able to apply until next year, given that the end of this year’s application period is a few days away. Anyway, here are the areas about which I have questions/thoughts:

1. Age: I’m under 40, and will still be at the time I apply, but above the posted age cutoff for the Army Reserve JAG Corps. My friends have told me that age waivers are relatively easy to obtain, however, and I’m in good physical shape with no history of serious physical or mental injuries. Is that accurate?

2. Family: My wife and I have a child under two years old, and we are planning to have another within the next year. One of the best parts of leaving Biglaw for DOJ was gaining more control over my schedule, both to help out at home and see my child more. Joining JAG would require about four months away from home for initial training, followed by the regular monthly and annual periods of service, leaving my wife as the sole parent for up to two young children during those times, and even though we have relatives nearby who would be more than happy to help out, I feel somewhat guilty about missing time with my family. Many of my friends who currently serve in the reserves also have young children, so I know it is possible, but I’m curious about how anyone else has addressed this tension.

3. Career: I plan to stay at DOJ as long as I can, but it is more likely than not that I will return to Biglaw at some point in the future. From what I understand, maintaining a reserve JAG commitment while working in government is very doable, but doing so in private practice, especially Biglaw, is much more difficult. The last thing I want to do is overburden myself in the future, especially if I am making a push for partnership upon returning to private practice. Is my career likely to plateau in either private practice or the JAG Corps if I attempt to do both at the same time? Is the great philosopher Ron Swanson right in saying: “Never half ass two things. Whole ass one thing.”
Disclaimer than I am on the USAF side so I won't weigh in on the Army specific stuff. But we have enough in common here on the remainder.

Family: Your spouse obviously needs to be fully on board with what the additional commitment will mean. Just like the civ v. mil balancing you are weighing on #3, the family balancing is not much different. Everything has an opportunity cost. They need to understand what the both of you are signing up for.

If you have spousal support, with the additional family that can also step in, it is all very workable. I've made it work now with two younger kids for years - but only with full support back at home.

There can also be some good stuff and opportunities mixed into this as well. I had my oldest join me on the back end of a two week course I attended in DC - they had a blast doing the full DC experience. Same when I had a reserve assignment in Europe - the whole family came for that.


Career: This is all a very important concern if a goal for you down the line is Biglaw partner. I don't know anything on the realities of private practice like that and if you'd be actually shooting yourself in the foot with JAG, or if it would just represent some additional challenges on the way to the bigger office.

At least on the Air Force side, if you are doing your minimum points and having a good year each year, checking all the required boxes like PME, and otherwise staying out of trouble, you are probably going to make O-5. I think balancing as an IMA or Traditional Reservist at a "min points for the year" level can work with BigLaw. That is still going to mean 3-4 weeks out of the office a year once you are at your unit if an IMA. Being a TR might be even easier to balance, though you will be losing some/all of your Friday and then the weekend once a month.

Making O-6 in the Reserve requires a lot more and multiple years of doing a lot more. But that is not everyone's goal - nor should it be. You also have a VERY long time before you need to figure out if that is something you would want to gun for or not.

I personally know multiple folks that have been very successful with their law firm and military careers. It is a lot of work for them - but they have been able to thread the needle. There just will be times where you have to be shifting where you are going "whole ass" - put another way, you will have to have to pick which of your two Caesars you will be rendering your time, but that may shift over the years depending on life and your goals.

Best of luck!

lawstudentxoxo

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Re: Military Law

Post by lawstudentxoxo » Mon Nov 17, 2025 8:36 pm

Has anyone heard back from the Navy JAG internship? Wondering if it's going to be a few more weeks because of the shutdown.

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Re: Military Law

Post by Anonymous User » Tue Dec 09, 2025 7:25 pm

Can anyone provide some guidance on making a "dream sheet" for the AF? Looked through this thread but I still don't have a really good idea of how to rank the bases or how I should go about choosing.

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Patrick Bateman

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Re: Military Law

Post by Patrick Bateman » Wed Dec 10, 2025 12:31 pm

Anonymous User wrote:
Tue Dec 09, 2025 7:25 pm
Can anyone provide some guidance on making a "dream sheet" for the AF? Looked through this thread but I still don't have a really good idea of how to rank the bases or how I should go about choosing.
This has been discussed a few times in the thread. But I recognize it is now like 10,000 posts.

Geographic location is obviously a factor.

Some bases are going to have more litigation opportunities - a lot of folks join JAG to get that courtroom time right away. If that is you, you need to prioritize bases that have a flying operational mission, or an enlisted training mission (Lackland, Sheppard, Keesler, etc). You can review the AF JAG Docket to see where all the current cases are coming from. That can vary from year to year - court and board litigation tends to come in feast/famine cycles.

If your interests are elsewhere, some bases may give you a better opportunity to get exposed to that sooner. You can look up the Major Command and mission set of a particular Wing - that may give you some idea of what else you will see at a particular base. For example, you may see some ops law stuff at an AFSOC base (Cannon/Hurlburt) that you would not at an AFMC base like Wright-Patterson.

You aren't going to specialize a ton at base legal - and some elements of base legal are close to universal.

And for better or worse, that first assignment is going to be two years. You'll be moving onto the next one before you know it.

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Re: Military Law

Post by Anonymous User » Wed Dec 10, 2025 5:11 pm

Has anyone heard from back from Army regarding 2L Summer Internship?

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Re: Military Law

Post by Anonymous User » Wed Feb 04, 2026 6:09 pm

First, big thanks to all previous posters on this thread. Extremely helpful in my application process.

Second, heading to OTS in April and was wondering how long before then I might get my assignment info? Submitted preference sheet and all my other documents a few weeks ago. I know JAX doesn't exactly move at lightning speed.

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Re: Military Law

Post by Anonymous User » Thu Feb 12, 2026 1:00 pm

Anonymous User wrote:
Wed Feb 04, 2026 6:09 pm
First, big thanks to all previous posters on this thread. Extremely helpful in my application process.

Second, heading to OTS in April and was wondering how long before then I might get my assignment info? Submitted preference sheet and all my other documents a few weeks ago. I know JAX doesn't exactly move at lightning speed.
AF? Are you class 26-11 or 26-12?

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Re: Military Law

Post by Anonymous User » Sat Feb 14, 2026 11:13 am

AF as well? Which class are you, 26-11 or 26-12?

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Re: Military Law

Post by Anonymous User » Sat Feb 14, 2026 11:13 am

AF as well? Which class are you, 26-11 or 26-12?

Westernbloc

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Re: Military Law

Post by Westernbloc » Mon Feb 23, 2026 12:26 pm

Anyone have any insight on when we should hear more information about OTS? I am supposed to report in less than 60 days and haven't received any information since getting my assignment/orders.

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Re: Military Law

Post by Anonymous User » Sun Aug 09, 2026 9:37 pm

I recently completed my service obligation in the Army and wanted to share an overview of my experience for those considering the JAG Corps. Looking back, there are several things I wish I had known before joining, and I believe many prospective judge advocates have an incomplete picture of what the job actually entails.

I began writing about my experiences in the JAG Corps during my first year of active-duty service and continued revising it throughout my commitment, which has only recently ended. As a result, what follows is not a reaction to a single bad experience, but a reflection developed over years of firsthand experience. I’ll discuss the type of jobs you’ll be expected to do, the military justice system, the JAG Corps’ culture, and your professional development while serving. Although my service was with the Army, much of what I discuss applies broadly to the military justice system because each branch operates under the same Manual for Courts-Martial.

One of the biggest selling points recruiters emphasize is the variety of legal experience available in the Army JAG Corps. In reality, nearly every new judge advocate will spend the first several years rotating through the same handful of assignments: legal assistance, administrative law, Special Victims’ Counsel, military justice as either a prosecutor or defense counsel, and, eventually, brigade legal advisor. While these positions appear diverse on paper, I found many of them to be routine, procedurally driven, and far less intellectually stimulating than I expected. Before discussing the systemic problems with military justice, it is worth examining what these jobs actually entail.

Legal Assistance Attorney: Legal assistance is where most new judge advocates begin their careers. Recruiters describe it as helping Soldiers navigate the legal issues that arise in their daily lives. In practice, however, the work is largely routine. Much of the caseload consists of uncontested divorces, powers of attorney, and wills, the latter of which are generated almost entirely through standardized software. You may also assist Soldiers in responding to General Officer Memoranda of Reprimand, particularly those issued after DUI arrests, or help draft statements contesting financial liability for lost or damaged government property. While this work certainly serves an important purpose, it rarely involves complex legal analysis or the type of advocacy that most attorneys envision when they decide to attend law school.

Administrative Law Attorney: If you enjoyed administrative law in law school, temper your expectations. This is not the world of the Administrative Procedure Act, judicial review, or debates over arbitrary and capricious decision-making. In fact, the APA does not apply to the military. Instead, a significant portion of the job involves reviewing investigations into alleged misconduct that is not serious enough for criminal prosecution. These investigations often concern allegations of adultery, misuse of a government travel card, leave violations, or other regulatory infractions. Administrative law attorneys also review investigations into financial liability, such as when a Soldier loses government-issued equipment, process requests for religious accommodations and other administrative exemptions, advise on ethics issues involving gifts and fiscal law, and conduct Article 32 preliminary hearings to determine whether probable cause exists before a case proceeds to court-martial. Although the hearing officer makes a recommendation, commanders are not bound by it and may still refer the charges to trial. Like legal assistance, the work is important to the Army’s day-to-day operations, and you occasionally encounter interesting or unusual issues. However, it is largely regulatory and administrative in nature, requiring far less legal analysis than its title would suggest.

Special Victims’ Counsel: The Special Victims’ Counsel (SVC) Program was created by Congress to provide independent legal representation to alleged victims of sexual assault and other qualifying offenses. On paper, the position appears to offer meaningful advocacy on behalf of a client navigating the military justice system. In practice, however, the role is surprisingly limited. For much of the representation, the SVC serves as an intermediary, relaying updates from prosecutors regarding the status of the investigation, probable cause determinations, and whether charges will be referred to a court-martial. Although SVCs have standing to litigate certain evidentiary issues affecting their clients’ rights, those opportunities are relatively infrequent as the prosecutors will just argue them. More frustratingly, SVCs often do not have access to the complete investigative file unless the prosecution chooses to provide it, making it difficult to independently evaluate the strength of a case or meaningfully advise a client. Like many assignments in the Army JAG Corps, the concept is compelling. The day-to-day reality, however, often leaves attorneys serving more as observers than advocates.

Brigade Judge Advocate: When recruiters say you’ll be “advising commanders,” it’s easy to picture yourself counseling generals on complex operational law or the law of armed conflict. At least, that's what I imagined. The reality is considerably different. As a brigade judge advocate, you primarily advise commanders, usually captains through colonels, on routine disciplinary and administrative matters. That advice often concerns how to respond to a Soldier’s DUI, failed drug test, failure to pay child support, or other misconduct that may result in a reprimand, administrative separation, or court-martial. You also advise commanders on what type of administrative investigation should be initiated, whether pretrial confinement is appropriate, and routinely brief them on the status of ongoing investigations conducted by military law enforcement or investigating officers. Much of that advice is guided by Army regulations and well-established procedures rather than novel legal questions. Much of the job consists of moving from meeting to meeting, answering recurring questions involving the same categories of misconduct. You will not gain courtroom experience in this assignment, and although advising commanders carries significant responsibility, the legal issues themselves are often repetitive and rarely require the type of nuanced legal analysis many attorneys expect when they hear the phrase “advising commanders.”

Military Justice Roles: For most judge advocates, military justice will become the defining part of their career. Whether serving as a trial counsel (prosecutor), defense counsel, or special trial counsel (prosecutors who try the serious crimes), nearly every attorney eventually finds themselves working within the court-martial system. The cases are generally straightforward. Most involve DUIs, drug use/distribution, domestic violence allegations, or sexual assault allegations. While many DUI and drug offenses are resolved administratively through separation from the Army, domestic violence and sexual assault cases frequently proceed to court-martial. This is where my opinion of the Army JAG Corps fundamentally changed. More than any other assignment, military justice exposed what I believe to be a system driven by institutional incentives (“good order and discipline”) rather than the pursuit of justice. Like every other officer in the Army, judge advocates are evaluated using a performance system that heavily emphasizes measurable accomplishments. In a military justice office, those accomplishments often become the number of cases prosecuted, defended, or tried. The result is a culture that rewards activity rather than restraint, creating pressure to pursue cases that, in my view, should never have reached a courtroom.

Civilian prosecutors routinely decline cases because the evidence is insufficient, witnesses are unreliable, or the interests of justice do not warrant prosecution. In my experience, the military justice system too often reaches the opposite conclusion, in part because there are no diversionary programs in the Army. Weak cases that civilian courts passed on are frequently taken to trial in the Army because there is institutional pressure to demonstrate that an office is aggressively enforcing “good order and discipline” or because taking cases to trial reflects favorably during evaluations. That incentive structure left me deeply uncomfortable, and it is the primary reason I can no longer recommend the Army JAG Corps as a career.

As mentioned above, the cases most commonly taken to court-martial involve allegations of domestic violence and sexual assault. Part of the reason is demographic. The Army is largely made up of young adults living in isolated locations, where alcohol, close living quarters, and personal relationships naturally generate a disproportionate number of interpersonal conflicts. But another part of the answer lies in the Army’s response to those conflicts.

Over the past two decades, Congress and the Department of Defense have adopted policies designed to encourage reporting and ensure allegations are taken seriously. Those policies serve an important purpose, but they have also transformed the military justice system into something I do not believe it was designed to be. Allegations frequently trigger significant administrative protections and career consequences before their credibility is ever tested, and the institutional preference is often to let a court-martial resolve difficult credibility disputes rather than decline prosecution. In practice, nearly all of the risk falls on the accused Soldier. If the allegation proves unfounded, the reporting individual often faces no consequences either because the Army lacks jurisdiction over civilian complainants or because prosecuting false reports is viewed as potentially discouraging future victims from coming forward. My growing impression was that the military justice system was no longer being used simply to prosecute crimes but rather it was increasingly being used to manage marriage disputes and relationship conflicts that would rarely become criminal prosecutions in the civilian justice system.

Not every military justice case is weak. I prosecuted and defended cases in which the evidence was overwhelming and the accused plainly belonged in prison. But even in those cases, I was never entirely comfortable with the structure of the military justice system itself because, unlike civilian criminal courts, courts-martial operate under a fundamentally different constitutional framework.

Courts-martial are Article I tribunals, not Article III courts. The commanding general or special trial counsel decides whether a case will be sent to trial, the commanding general selects the panel members who will serve as the jury, and also authorizes many of the resources available to the defense, including expert assistance. Although recent reforms have transferred charging decisions for certain serious offenses to the Office of Special Trial Counsel, many of the structural concerns remain. From the perspective of an accused Soldier, the system can appear fundamentally one-sided: the institution that investigated the allegations also determines whether the case proceeds to trial, selects the factfinders, and controls many aspects of the process.

The differences do not end there. Except in capital cases, courts-martial do not require unanimous verdicts. A panel, which is the Army’s version of a jury, may consist of as few as six members, and a conviction does not require every member to agree (three quarters). There are no hung juries. Panel members are not ordinary jurors pulled from the community. They are senior officers and noncommissioned officers selected by the commanding general, and when the trial ends, they return to serving the General. Whether or not that reality influences individual verdicts, it undeniably creates an appearance problem. During my time in the Army, I had commanders privately ask whether voting to acquit a Soldier in a high-profile case could negatively affect their careers or promotion prospects. The fact that such a question was asked at all illustrates the institutional pressures unique to military justice. A civilian juror never has to wonder whether a not guilty vote will be remembered by their employer. Imagine a corporation investigating one of its employees for misconduct. The CEO decides the case is serious enough for trial, selects a pool of vice presidents to decide it, and those vice presidents know they will return to working for the CEO after the trial concludes. Even if every person involved acts with complete integrity, most people would recognize the appearance of institutional pressure. That, to me, captures one of the fundamental concerns with the court-martial system.

These procedures have been upheld as constitutional, but they left me with the uncomfortable feeling that the military justice system prioritizes discipline and efficiency over many of the procedural protections associated with the civilian criminal justice system. The Army is entitled to maintain discipline, but after practicing in this system, I increasingly felt that it was trying to replicate civilian criminal justice without adopting many of the safeguards that give the public confidence in civilian courts. Which left me asking, “why even have this system?”

Military justice is to justice what military music is to music.

The culture of the JAG Corps is largely a product of the people it attracts and the incentives that keep them there. Like any large organization, there are exceptional attorneys and exceptional leaders. I met many people I greatly respect and still consider friends. But I also came away believing that the Army rewards qualities that do not always translate into excellent legal practice.

Unlike large law firms or the most selective government honors programs, the Army recruits from virtually every accredited law school. As a result, the quality of legal training and experience varies considerably. The Army is generally less concerned with where an attorney went to law school than whether that attorney can become a competent officer. That makes sense for the Army’s mission, but it also means legal excellence is not always the defining characteristic of the organization.

The promotion system reinforces that dynamic. Some judge advocates entered the Corps through the Funded Legal Education Program after serving as Army officers in other branches. Their prior military experience often makes them outstanding officers, but it can also result in relatively inexperienced attorneys supervising and mentoring lawyers who have practiced longer than they have. Success within the Army is driven by far more than legal ability, and that reality becomes increasingly apparent as officers move into leadership positions.

The financial incentives to remain in the Army are also significant. Tax advantages, retirement benefits, VA home loan eligibility, student loan repayment, and job security make the JAG Corps an attractive long-term career. Those benefits are legitimate, but they also encourage some attorneys to remain because the institution provides stability rather than because they are passionate about practicing law. Over time, I often had the impression that many senior attorneys had a “one foot out the door mentality” as they counted down their days to retirement or their next move.

None of this is meant to diminish the outstanding people I met during my service. There are excellent judge advocates throughout the Corps.

One of the recruiting buzzwords you’ll hear repeatedly is the “Army Experience.” But the “Army Experience” is often just another word for inefficiency. To be fair, some parts of it are genuinely enjoyable. I liked playing ultimate frisbee during unit events, working out with my coworkers, and the camaraderie that naturally develops in the military. Those are real benefits.

What recruiters rarely mention is that the “Army Experience” also means accepting an astonishing level of bureaucratic inefficiency. Simple tasks routinely become administrative ordeals. Taking leave requires multiple approvals. Driving outside the local area may require a mileage pass. Height and weight screenings, drug tests, mandatory online training, medical readiness requirements, and countless other administrative obligations constantly interrupt the workday. Individually, none of these requirements are particularly burdensome. Collectively, they consume an extraordinary amount of time.

The Army’s technology only compounds the problem. Something as simple as checking your email, accessing a shared drive, printing a document, or logging into a government website can become an exercise in frustration. Certificates expire, systems crash, printers stop working, and websites routinely become inaccessible. Telework is largely impractical because of technological limitations, and there always seems to be another mandatory training course or credential update before you can accomplish the task you originally sat down to complete. It is surprisingly rare to arrive at work and simply practice law.

That observation highlights a broader issue. The Army exists to fight and win wars—not to operate a modern law office. That distinction becomes obvious almost immediately. Case management software is virtually nonexistent, electronic filing is limited or unavailable, paralegal support is often insufficient, and even computers were heavily limited in what they could do. I remember receiving investigative case files from military law enforcement on CDs, even though Army-issued laptops could not read them because CD drives had been disabled under Army-wide security policies.

None of these frustrations, standing alone, would have made me leave the Army. Together, however, they became the defining feature of everyday life. The Army excels at making simple tasks unnecessarily difficult, and over time those constant, low-level inefficiencies became far more exhausting than any courtroom or legal challenge I encountered.

The Needs of the Army Will Limit Your Growth

One phrase you’ll hear constantly in the Army is, “the needs of the Army.” It governs nearly every major career decision. First come the needs of the Army, then the needs of the JAG Corps, and somewhere near the bottom come your own professional goals. If you’re hoping to shape your career through hard work and deliberate planning, you’ll quickly learn that your development is largely outside your control.

When you accept your commission, you’ll submit a list of duty station preferences. Like most new judge advocates, I listed places such as Germany, Hawaii, Joint Base Lewis-McChord, Fort Carson, and the National Capital Region. Recruiters understandably highlight these assignments, but they spend far less time discussing installations like Fort Leonard Wood, Fort Irwin, or Fort Polk. I was assigned to one of the less desirable locations, and at the time, that didn't bother me. I was excited to serve wherever the Army needed me.

What I did not appreciate was how much your first assignment affects your professional development. Where you’re stationed determines the volume and complexity of the cases you'll handle. A prosecutor in the Southern District of New York will inevitably gain more courtroom experience than one practicing in rural Montana simply because there are more cases. The same principle applies in the Army. Installations such as Fort Hood, Fort Bragg, Joint Base Lewis-McChord, Fort Carson, and Hawaii routinely handle far more courts-martial than smaller posts. At my installation, we were fortunate to have one or two trials in a season. Larger installations could see ten or more. Over the course of several years, that difference compounds into a dramatic gap in litigation experience.

The frustrating part is that this disparity is largely the product of chance. Your first assignment is not earned through superior performance, stronger credentials, or demonstrated aptitude. Yet the experience-- or lack of experience--that results from that assignment often follows you throughout your career. Ironically, the Army may later evaluate you against peers who had far greater opportunities simply because they happened to be assigned to a busier installation. In a profession where experience is one of the greatest teachers, tying that experience to the luck of an assignment rather than to merit is one of the JAG Corps' greatest flaws.

Finally, regarding transitioning out of the Army, every judge advocate I know who wanted to leave found a job. The challenge is that civilian employers often do not understand what JAGs actually do, so you’ll spend more time explaining your experience than attorneys coming from more traditional career paths. Your success after the Army will depend not only on the experience you gained, but also on how well you translate that experience to the civilian legal market.

When I was researching the Army JAG Corps before joining, I found it surprisingly difficult to find candid, firsthand accounts of what the job was actually like. I wrote this to fill that gap and give prospective judge advocates the kind of information I wish I had before making my decision. I hope it helps others make a more informed choice, whether they ultimately decide to join or pursue a different path. Good luck.

Anonymous User
Posts: 433364
Joined: Tue Aug 11, 2009 9:32 am

Re: Military Law

Post by Anonymous User » Tue Aug 11, 2026 3:55 pm

Anonymous User wrote:
Sun Aug 09, 2026 9:37 pm
I recently completed my service obligation in the Army and wanted to share an overview of my experience for those considering the JAG Corps. Looking back, there are several things I wish I had known before joining, and I believe many prospective judge advocates have an incomplete picture of what the job actually entails.

I began writing about my experiences in the JAG Corps during my first year of active-duty service and continued revising it throughout my commitment, which has only recently ended. As a result, what follows is not a reaction to a single bad experience, but a reflection developed over years of firsthand experience. I’ll discuss the type of jobs you’ll be expected to do, the military justice system, the JAG Corps’ culture, and your professional development while serving. Although my service was with the Army, much of what I discuss applies broadly to the military justice system because each branch operates under the same Manual for Courts-Martial.

One of the biggest selling points recruiters emphasize is the variety of legal experience available in the Army JAG Corps. In reality, nearly every new judge advocate will spend the first several years rotating through the same handful of assignments: legal assistance, administrative law, Special Victims’ Counsel, military justice as either a prosecutor or defense counsel, and, eventually, brigade legal advisor. While these positions appear diverse on paper, I found many of them to be routine, procedurally driven, and far less intellectually stimulating than I expected. Before discussing the systemic problems with military justice, it is worth examining what these jobs actually entail.

Legal Assistance Attorney: Legal assistance is where most new judge advocates begin their careers. Recruiters describe it as helping Soldiers navigate the legal issues that arise in their daily lives. In practice, however, the work is largely routine. Much of the caseload consists of uncontested divorces, powers of attorney, and wills, the latter of which are generated almost entirely through standardized software. You may also assist Soldiers in responding to General Officer Memoranda of Reprimand, particularly those issued after DUI arrests, or help draft statements contesting financial liability for lost or damaged government property. While this work certainly serves an important purpose, it rarely involves complex legal analysis or the type of advocacy that most attorneys envision when they decide to attend law school.

Administrative Law Attorney: If you enjoyed administrative law in law school, temper your expectations. This is not the world of the Administrative Procedure Act, judicial review, or debates over arbitrary and capricious decision-making. In fact, the APA does not apply to the military. Instead, a significant portion of the job involves reviewing investigations into alleged misconduct that is not serious enough for criminal prosecution. These investigations often concern allegations of adultery, misuse of a government travel card, leave violations, or other regulatory infractions. Administrative law attorneys also review investigations into financial liability, such as when a Soldier loses government-issued equipment, process requests for religious accommodations and other administrative exemptions, advise on ethics issues involving gifts and fiscal law, and conduct Article 32 preliminary hearings to determine whether probable cause exists before a case proceeds to court-martial. Although the hearing officer makes a recommendation, commanders are not bound by it and may still refer the charges to trial. Like legal assistance, the work is important to the Army’s day-to-day operations, and you occasionally encounter interesting or unusual issues. However, it is largely regulatory and administrative in nature, requiring far less legal analysis than its title would suggest.

Special Victims’ Counsel: The Special Victims’ Counsel (SVC) Program was created by Congress to provide independent legal representation to alleged victims of sexual assault and other qualifying offenses. On paper, the position appears to offer meaningful advocacy on behalf of a client navigating the military justice system. In practice, however, the role is surprisingly limited. For much of the representation, the SVC serves as an intermediary, relaying updates from prosecutors regarding the status of the investigation, probable cause determinations, and whether charges will be referred to a court-martial. Although SVCs have standing to litigate certain evidentiary issues affecting their clients’ rights, those opportunities are relatively infrequent as the prosecutors will just argue them. More frustratingly, SVCs often do not have access to the complete investigative file unless the prosecution chooses to provide it, making it difficult to independently evaluate the strength of a case or meaningfully advise a client. Like many assignments in the Army JAG Corps, the concept is compelling. The day-to-day reality, however, often leaves attorneys serving more as observers than advocates.

Brigade Judge Advocate: When recruiters say you’ll be “advising commanders,” it’s easy to picture yourself counseling generals on complex operational law or the law of armed conflict. At least, that's what I imagined. The reality is considerably different. As a brigade judge advocate, you primarily advise commanders, usually captains through colonels, on routine disciplinary and administrative matters. That advice often concerns how to respond to a Soldier’s DUI, failed drug test, failure to pay child support, or other misconduct that may result in a reprimand, administrative separation, or court-martial. You also advise commanders on what type of administrative investigation should be initiated, whether pretrial confinement is appropriate, and routinely brief them on the status of ongoing investigations conducted by military law enforcement or investigating officers. Much of that advice is guided by Army regulations and well-established procedures rather than novel legal questions. Much of the job consists of moving from meeting to meeting, answering recurring questions involving the same categories of misconduct. You will not gain courtroom experience in this assignment, and although advising commanders carries significant responsibility, the legal issues themselves are often repetitive and rarely require the type of nuanced legal analysis many attorneys expect when they hear the phrase “advising commanders.”

Military Justice Roles: For most judge advocates, military justice will become the defining part of their career. Whether serving as a trial counsel (prosecutor), defense counsel, or special trial counsel (prosecutors who try the serious crimes), nearly every attorney eventually finds themselves working within the court-martial system. The cases are generally straightforward. Most involve DUIs, drug use/distribution, domestic violence allegations, or sexual assault allegations. While many DUI and drug offenses are resolved administratively through separation from the Army, domestic violence and sexual assault cases frequently proceed to court-martial. This is where my opinion of the Army JAG Corps fundamentally changed. More than any other assignment, military justice exposed what I believe to be a system driven by institutional incentives (“good order and discipline”) rather than the pursuit of justice. Like every other officer in the Army, judge advocates are evaluated using a performance system that heavily emphasizes measurable accomplishments. In a military justice office, those accomplishments often become the number of cases prosecuted, defended, or tried. The result is a culture that rewards activity rather than restraint, creating pressure to pursue cases that, in my view, should never have reached a courtroom.

Civilian prosecutors routinely decline cases because the evidence is insufficient, witnesses are unreliable, or the interests of justice do not warrant prosecution. In my experience, the military justice system too often reaches the opposite conclusion, in part because there are no diversionary programs in the Army. Weak cases that civilian courts passed on are frequently taken to trial in the Army because there is institutional pressure to demonstrate that an office is aggressively enforcing “good order and discipline” or because taking cases to trial reflects favorably during evaluations. That incentive structure left me deeply uncomfortable, and it is the primary reason I can no longer recommend the Army JAG Corps as a career.

As mentioned above, the cases most commonly taken to court-martial involve allegations of domestic violence and sexual assault. Part of the reason is demographic. The Army is largely made up of young adults living in isolated locations, where alcohol, close living quarters, and personal relationships naturally generate a disproportionate number of interpersonal conflicts. But another part of the answer lies in the Army’s response to those conflicts.

Over the past two decades, Congress and the Department of Defense have adopted policies designed to encourage reporting and ensure allegations are taken seriously. Those policies serve an important purpose, but they have also transformed the military justice system into something I do not believe it was designed to be. Allegations frequently trigger significant administrative protections and career consequences before their credibility is ever tested, and the institutional preference is often to let a court-martial resolve difficult credibility disputes rather than decline prosecution. In practice, nearly all of the risk falls on the accused Soldier. If the allegation proves unfounded, the reporting individual often faces no consequences either because the Army lacks jurisdiction over civilian complainants or because prosecuting false reports is viewed as potentially discouraging future victims from coming forward. My growing impression was that the military justice system was no longer being used simply to prosecute crimes but rather it was increasingly being used to manage marriage disputes and relationship conflicts that would rarely become criminal prosecutions in the civilian justice system.

Not every military justice case is weak. I prosecuted and defended cases in which the evidence was overwhelming and the accused plainly belonged in prison. But even in those cases, I was never entirely comfortable with the structure of the military justice system itself because, unlike civilian criminal courts, courts-martial operate under a fundamentally different constitutional framework.

Courts-martial are Article I tribunals, not Article III courts. The commanding general or special trial counsel decides whether a case will be sent to trial, the commanding general selects the panel members who will serve as the jury, and also authorizes many of the resources available to the defense, including expert assistance. Although recent reforms have transferred charging decisions for certain serious offenses to the Office of Special Trial Counsel, many of the structural concerns remain. From the perspective of an accused Soldier, the system can appear fundamentally one-sided: the institution that investigated the allegations also determines whether the case proceeds to trial, selects the factfinders, and controls many aspects of the process.

The differences do not end there. Except in capital cases, courts-martial do not require unanimous verdicts. A panel, which is the Army’s version of a jury, may consist of as few as six members, and a conviction does not require every member to agree (three quarters). There are no hung juries. Panel members are not ordinary jurors pulled from the community. They are senior officers and noncommissioned officers selected by the commanding general, and when the trial ends, they return to serving the General. Whether or not that reality influences individual verdicts, it undeniably creates an appearance problem. During my time in the Army, I had commanders privately ask whether voting to acquit a Soldier in a high-profile case could negatively affect their careers or promotion prospects. The fact that such a question was asked at all illustrates the institutional pressures unique to military justice. A civilian juror never has to wonder whether a not guilty vote will be remembered by their employer. Imagine a corporation investigating one of its employees for misconduct. The CEO decides the case is serious enough for trial, selects a pool of vice presidents to decide it, and those vice presidents know they will return to working for the CEO after the trial concludes. Even if every person involved acts with complete integrity, most people would recognize the appearance of institutional pressure. That, to me, captures one of the fundamental concerns with the court-martial system.

These procedures have been upheld as constitutional, but they left me with the uncomfortable feeling that the military justice system prioritizes discipline and efficiency over many of the procedural protections associated with the civilian criminal justice system. The Army is entitled to maintain discipline, but after practicing in this system, I increasingly felt that it was trying to replicate civilian criminal justice without adopting many of the safeguards that give the public confidence in civilian courts. Which left me asking, “why even have this system?”

Military justice is to justice what military music is to music.

The culture of the JAG Corps is largely a product of the people it attracts and the incentives that keep them there. Like any large organization, there are exceptional attorneys and exceptional leaders. I met many people I greatly respect and still consider friends. But I also came away believing that the Army rewards qualities that do not always translate into excellent legal practice.

Unlike large law firms or the most selective government honors programs, the Army recruits from virtually every accredited law school. As a result, the quality of legal training and experience varies considerably. The Army is generally less concerned with where an attorney went to law school than whether that attorney can become a competent officer. That makes sense for the Army’s mission, but it also means legal excellence is not always the defining characteristic of the organization.

The promotion system reinforces that dynamic. Some judge advocates entered the Corps through the Funded Legal Education Program after serving as Army officers in other branches. Their prior military experience often makes them outstanding officers, but it can also result in relatively inexperienced attorneys supervising and mentoring lawyers who have practiced longer than they have. Success within the Army is driven by far more than legal ability, and that reality becomes increasingly apparent as officers move into leadership positions.

The financial incentives to remain in the Army are also significant. Tax advantages, retirement benefits, VA home loan eligibility, student loan repayment, and job security make the JAG Corps an attractive long-term career. Those benefits are legitimate, but they also encourage some attorneys to remain because the institution provides stability rather than because they are passionate about practicing law. Over time, I often had the impression that many senior attorneys had a “one foot out the door mentality” as they counted down their days to retirement or their next move.

None of this is meant to diminish the outstanding people I met during my service. There are excellent judge advocates throughout the Corps.

One of the recruiting buzzwords you’ll hear repeatedly is the “Army Experience.” But the “Army Experience” is often just another word for inefficiency. To be fair, some parts of it are genuinely enjoyable. I liked playing ultimate frisbee during unit events, working out with my coworkers, and the camaraderie that naturally develops in the military. Those are real benefits.

What recruiters rarely mention is that the “Army Experience” also means accepting an astonishing level of bureaucratic inefficiency. Simple tasks routinely become administrative ordeals. Taking leave requires multiple approvals. Driving outside the local area may require a mileage pass. Height and weight screenings, drug tests, mandatory online training, medical readiness requirements, and countless other administrative obligations constantly interrupt the workday. Individually, none of these requirements are particularly burdensome. Collectively, they consume an extraordinary amount of time.

The Army’s technology only compounds the problem. Something as simple as checking your email, accessing a shared drive, printing a document, or logging into a government website can become an exercise in frustration. Certificates expire, systems crash, printers stop working, and websites routinely become inaccessible. Telework is largely impractical because of technological limitations, and there always seems to be another mandatory training course or credential update before you can accomplish the task you originally sat down to complete. It is surprisingly rare to arrive at work and simply practice law.

That observation highlights a broader issue. The Army exists to fight and win wars—not to operate a modern law office. That distinction becomes obvious almost immediately. Case management software is virtually nonexistent, electronic filing is limited or unavailable, paralegal support is often insufficient, and even computers were heavily limited in what they could do. I remember receiving investigative case files from military law enforcement on CDs, even though Army-issued laptops could not read them because CD drives had been disabled under Army-wide security policies.

None of these frustrations, standing alone, would have made me leave the Army. Together, however, they became the defining feature of everyday life. The Army excels at making simple tasks unnecessarily difficult, and over time those constant, low-level inefficiencies became far more exhausting than any courtroom or legal challenge I encountered.

The Needs of the Army Will Limit Your Growth

One phrase you’ll hear constantly in the Army is, “the needs of the Army.” It governs nearly every major career decision. First come the needs of the Army, then the needs of the JAG Corps, and somewhere near the bottom come your own professional goals. If you’re hoping to shape your career through hard work and deliberate planning, you’ll quickly learn that your development is largely outside your control.

When you accept your commission, you’ll submit a list of duty station preferences. Like most new judge advocates, I listed places such as Germany, Hawaii, Joint Base Lewis-McChord, Fort Carson, and the National Capital Region. Recruiters understandably highlight these assignments, but they spend far less time discussing installations like Fort Leonard Wood, Fort Irwin, or Fort Polk. I was assigned to one of the less desirable locations, and at the time, that didn't bother me. I was excited to serve wherever the Army needed me.

What I did not appreciate was how much your first assignment affects your professional development. Where you’re stationed determines the volume and complexity of the cases you'll handle. A prosecutor in the Southern District of New York will inevitably gain more courtroom experience than one practicing in rural Montana simply because there are more cases. The same principle applies in the Army. Installations such as Fort Hood, Fort Bragg, Joint Base Lewis-McChord, Fort Carson, and Hawaii routinely handle far more courts-martial than smaller posts. At my installation, we were fortunate to have one or two trials in a season. Larger installations could see ten or more. Over the course of several years, that difference compounds into a dramatic gap in litigation experience.

The frustrating part is that this disparity is largely the product of chance. Your first assignment is not earned through superior performance, stronger credentials, or demonstrated aptitude. Yet the experience-- or lack of experience--that results from that assignment often follows you throughout your career. Ironically, the Army may later evaluate you against peers who had far greater opportunities simply because they happened to be assigned to a busier installation. In a profession where experience is one of the greatest teachers, tying that experience to the luck of an assignment rather than to merit is one of the JAG Corps' greatest flaws.

Finally, regarding transitioning out of the Army, every judge advocate I know who wanted to leave found a job. The challenge is that civilian employers often do not understand what JAGs actually do, so you’ll spend more time explaining your experience than attorneys coming from more traditional career paths. Your success after the Army will depend not only on the experience you gained, but also on how well you translate that experience to the civilian legal market.

When I was researching the Army JAG Corps before joining, I found it surprisingly difficult to find candid, firsthand accounts of what the job was actually like. I wrote this to fill that gap and give prospective judge advocates the kind of information I wish I had before making my decision. I hope it helps others make a more informed choice, whether they ultimately decide to join or pursue a different path. Good luck.
Very insightful.

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