How a Courts-Martial Works

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Here is a video blog that goes through both the procedural process of a Courts-Martial and also advice on how to best handle certain situation in the process.  I have also provided a PowerPoint slide that breaks down the basic process.

Click this link to download the Courts-Martial PowerPoint. Court Martial PP

 

Non-judicial Punishment

Article 15, Non-Judicial Punishment

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Article 15, also referred to as non-judicial punishment (NJP), is a form of disciplinary action that can be taken upon those service members accused of minor offenses. This will depend upon the nature and gravity of the offense and is under the sole discretion of the commanding officer as to whether non-judicial punishment will be used or a case will go to a court-martial. If you have been accused of a minor offense, you will likely face non-judicial punishment as covered under Article 15. If you have been accused of a crime such as assault, rape, robbery, or murder, you will most likely face a court-martial.

Nashville Military Attorney James Phillips is experienced with Article 15s and successful strategies to ensure they do not go to court-martial or include excessive punishment. As a service member, you have the right to have representation at your Article 15 hearing. You can work with a military attorney who can present evidence and witness testimony to your commanding officer, possibly getting your charges dropped or keeping your penalties to a minimum.

Summary Courts- Martial Relook

If you want self help military legal to guide you through a summary courts-martial, go to invisblelawyer.com.

I (www.jamesphillipslaw.com) recently represented a client at Fort Campbell in a Summary Court Martial and upon reflection have decided to follow up on an earlier post about Summary Courts-Martial (https://jaglaw.wordpress.com/2009/02/22/summary-court-martial-a-fair-process/).  The reason for this is that there was a suggestion in my prior post that Summary Courts-Martial are somehow inherently unfair.  That was not what I intended to convey.  I was attempting to portray the feel of a summary courts-martial to the servicemember and also the inherent problem with using summary court officers who are wholly unaware of the legal aspects of the UCMJ and the Rules in the Manual for Courts-Martial (MCM).

Last week, I represented a soldier at Fort Campbell on several drug charges.  In that case there were issues that had to be heard through a Motion to Suppress.  The case in some ways hinged on whether or not Article 31 rights had been given to the soldier and whether or not his statement and all derivative evidence should be suppressed (fruit of the poison tree doctrine).  The Summary Court Officer began the proceeding with an eye towards conviction, but as the Summary Court proceeded he became very thought and began to examine the legality and competency of the evidence.  In his verdict, he took into account the Article 31 rights issue and weighted it against the competent evidence that had been presented.  Some of this thoughtful analysis was brought about by the long discussions and period of education that took place between myself, as the only attorney in the room, the Summary Court Officer and the paralegal assigned to record the record of trial.  In the end, using his own initiative, the Summary Court Officer was able to properly navigate the proceeding and come up with both findings and sentence that were legally justified and consistent with a judgement that would have been found in a higher level Courts-Martial in front of a judge or panel.

Much of this was obviously driven by the personality and training of the Summary Court Officer.  In essence, he was a GOOD one.  That ultimately is the problem with Summary Court Martials.   Judges have been trained to provide consistency in the Court Martial.  They know the rules of evidence.  Hopefully, they are up on their case law.  Most of the military and civilian attorneys that practice before a Judge have an idea of how he rules.  All of these things provide defense attorneys and their clients a basis for good advice and sound decision-making.  This is much harder when you are operating in the realm of the Summary Courts-Martial.

In my Motion to Suppress at the Summary Court Martial last week, although the Motion was a valid legal argument, I did not know how the Summary Court Officer would view the Motion.  Was this defense trickery?  Was this a non-issue because he didn’t care?  Was he already convinced the accused was guilty?  It was hard for me to advise the client on whether or not he should object to the SCM because I didn’t know whether or not there would be an honest and fair assessment of our case by the SCM Officer.  We were lucky that this SCM Officer was very thoughtful and serious about the process.

Some of the arbitrariness of the Summary Court Process could be taken away by giving the SCM Officer more training in this area.  Maybe picking them for a term of duty or sending them through a class on legal justice.  Either way, if some of the arbitrariness is taken away, an SCM can be the best way for a servicemember to go.

The Myth about TDS *maybe*

I (www.jamesphillipslaw.com) spent some time in the Trial Defense Services (TDS) at Fort Campbell, KY.  During my time at TDS, I learned a lot about military defense work. But as a TDS attorney, I was always offended by the perception that being a government attorney, I was simply a government hack doing the will of the chain of command.

To this day, I am always surprised at this perception of TDS.  As a civilian military defense counsel, I frequently get hired by Soldier clients who are concerned that their TDS attorney will not represent them with full vigor because they believe the TDS attorney is an agent of the government.  I never believed this and have always argued that TDS attorneys are very good at what they do.

Yet, I do know where this belief comes from.  I had a client that was extremely difficult to deal with.  She was not able to deal with the Army and probably should have been discharged long before we went to a Court Martial.  Her charges were relatively minor, consisting of FTRs and failures to to properly follow the will of her superiors.  Her TDS attorney, who was on the case before I was, at one point clearly decided that he agreed with the Chain of Command and he began to do things that helped them with their case.  In fact, he was later called as a witness against her at trial, and luckily for him and his license, he was not to be found.

The problem for this TDS attorney was that he had lost perspective.  He was on his way out of TDS.  He had spent almost three years as a defense attorney and had many victories on his mantle.  But, at the point he began to represent my client, he was already reassigned as a brigade trial counsel.  Unable to see the inherent conflict of interest, he was worried about sending the wrong message to the chain of command, so he began helping them with their case against my client.

This is the flaw with TDS.  Although they are insulated against the chain of command for most of their time as TDS attorneys, they are open to undue influence at certain times in their career.  One of those times is when they are moving back and forth between TDS and their regular units. For most of a JAG attorneys career he will be working for the US government.  Most TDS attorneys only spend a relatively short period of time as pure defense attorneys.  Seeing their attorneys as prosecutors later, causes many Soldiers to question the defense that they received at the hands of TDS.

This perception is a problem.  The military system of justice is frequently questioned as being unfair.  The military should do all that they can to destroy this perception.

SSG Warner heads home

I (www.jamesphillipslaw.com) spoke to SSG Mitch Warner’s family on Monday morning.  They solidly stand behind Mitch and are now beginning to gather the evidence required for us to put on an appeal for SSG Warner.  In speaking to them, they spoke of their disappointment with the US Army and the decision-making that lead to the death of detainee Ali Mansur by LT Behenna.

SSG Warner is now headed to Fort Sill, OK, where he will serve the balance of his seventeen month sentence.  He will be close to home and at least he will finally be finished with his combat tours.

One of the questions taht I have never gotten an answer for in this case is Why did LT Behenna’s higher headquarters and unit release Ali Mansur to 5th platoon?  This seemed extremely odd to me.  5th platoon had lost soldiers and had several wounded just a couple weeks prior.  Ali Mansur was a suspect in those killings and that IED attack.  5th platoon had gone out and picked Ali Mansur and took him into the detainee detention facility as a suspect in the death of the soldiers.

So, why in the world, when the higher ups had decided that Ali Mansur had no information and couldn’t be held for the attack, did the chain of command use the same platoon that picked him up as a suspected terrorist to drop him off to the local population?  There are no good answers.  One answer would be that the Chain of Command wanted LT Behenna to have someone kill Ali Mansur.  If there was a deliberate and conscious knowledge of Ali Mansur’s alleged AQI association, the COC may have thought that LT Behenna would find a way to have Ali Mansur killed.  They could have dropped him off with those Iraqis that wanted him dead.  They could have faked an incident or escape.  The expectation may have been that 5th platoon would find a way to get the job done.

But, I am not much of a conspiracy theorist.  The more likely answer is that this was just stupid negligence.  The Chain of Command should have known that there would be an issue with the drop off of this detainee, but they were just too busy or distracted to think of the clear implications of this drop off.

Either way, this was an event that should have been avoided.  The command had a responsibility to know that soldiers that have been under attack and have suspected terrorist in detention for those attacks are not the soldiers that should drop that detainee off to the local populace.  This is a no brainer.

SSG Warner and LT Behenna are now both serving time for a death of a detainee.  The trials of both men were complicated by the fact that they each knew that Ali Mansur was a suspected AQI member.  LT Behenna did have justification for the killing, but it probably wasn’t the justification that the US Army wants to hear.  Regardless, this whole event should have been stopped before it ever got started.  Another platoon should have done the drop off.  The blame for the shots being fired can be laid at LT Behenna’s feet, but the death of Ali Mansur and the conviction of two US Infantrymen can be laid at the feet of the chain of command

Update on LT Behenna Trial

I (www.jamesphillipslaw.com) was at Fort Campbell today and watched a portion of US v. Behenna.  The prosecution is three quarters of the way through their case.  The case so far has consisted of laying the foundations for proving the murder. The case seems strong, but the defense has yet to present their evidence and that will probably not begin until early Thursday morning. 

The panel members (or the civilian equivalent to a military jury) were fully engaged and very attentive today.   1LT Behenna’s panel consists of seven officers on the panel.  One woman and six  men have been selected for Behenna’s panel.  Four members of the panel are captains.  The other three are field grade officers.  A majority of the panel appears to have combat experience.

The prosecution will present the meat of their case tomorrow.  “Harry” the interpretor, who was with 1LT Behenna at the time of Ali Mansur’s death, is expected to testify.  He is expected to testify to witnessing Ali Mansur getting shot.  Strange as it may seem, if “Harry” follows his pattern from the Article 32 hearing, he will testify as the interpretor through an interpretor.  After “Harry” is done testifying, SSG Mitch Warner is expected to be the final witness in the prosecutions case.  He will also testify as an eye witness to the events that took place in the desert.

Jack Zimmerman, the civilian defense counsel for 1LT Behenna, vigorously fought any characterization of Ali Mansur’s death with the words “homicide” and “crime” today.  His defense team lodged several objections to the prosecutions characterizations of the death with any words that resembled a crime.  The argument may have seemed to be one of semantics to the panel, but the defense clearly was sending a message with the objections that they were objecting to the prosecutions entire case.  They are trying to focus the panel on the idea that this may have been a lawful killing.  They also do not want to have the panel  prejudge Behenna prior to them being able to put on their defense.

The defense will begin presenting evidence probably this Thursday.  They will probably follow up with their promises made during opening arguments, which will mean that they will put evidence on that will demonstrate that 1LT Behenna was not thinking clearly at the time of the killing.  They will also probably put on evidence showing that Ali Mansur may have been a suspected terrorist.

CPT Johnston, 1LT Behenna’s acting commander during the investigation, testified today regarding his preliminary investigation into the death of Ali Mansur. After his testimony, the panel presented the military judge with several written questions.  The questions presented by the panel were very thoughtful and seemed defense oriented.

The prosecution brought several witnesses to testify from Iraq.  The Iraqis testified through an interpretor. 

There were several journalists in the audience, but overall, the case has not drawn the media attention it probably deserves.

Summary Court Martial- A Fair Process? Or Foregone Conclusion?

Yesterday, I represented a soldier in a Summary Court Martial at Fort Campbell.  www.jamesphillipslaw.com or www.ucmjlawyer.com. Or, self help legal (invisiblelawyer.com).

His parents had hired me to represent him in the Summary Court Martial because they were concerned that he might be railroaded by his Chain of Command. His parents had good reason to worry.  Summary Court Martial (SCM) are dangerous business for the soldier.

An SCM begins when charges are preferred against a soldier.  What this means is that the soldier is dragged into the Commander’s office, read the charges, and told he will have 72 hours to get ready.  At the preferral, the soldier may be able to look at the packet of information, the allied papers, which will be considered as evidence against him. At some point within the next day or so, the soldier will be hustled over to the Trial Defense Service (TDS) to go over the SCM rights.  At his appointment with either a TDS attorney or paralegal, the soldier will be given a TDS information packet that will describe the basic rights he has at the SCM.  The TDS attorney will spend a few minutes talking to the attorneysoldier, answering a few basic questions and then he will be sent on his way and back to the command.  Since TDS is normally too busy to represent soldiers at SCMs, the soldier will have to go it alone.  The soldier does have the right to hire civilian defense counsel at his or her own expense.  Normally, this doesn’t happen, so the soldier, who has neither the rank nor authority, will be expected to stand up and defend themselves, without counsel, in front of a SCM Officer at what will essentially be a closed door and hidden proceeding. The SCM Officer, usually a captain, will have little to no legal training and will see this as a glorified Article 15, where the real issue is not guilt or innocence, (the soldier is guilty because he is at a SCM) but how much punishment needs to be inflicted on the soldier.

If the soldier does not hire a civillian defense counsel, at trial, the SCM Officer will read from a script.  They will review a packet of information (the allied papers) given to them by the brigade legal and after quickly running through a script with the accused soldier the SCM Officer will convict the solider and max him out according to whatever is the desire of the command.  Most of the evidence that will have been considered will be hearsay, or inadmissible and not competent for Trial.  The soldier will have been intimidated by the Summary Court Officer, convicted on incompetent evidence and have an overall feeling that the entire process is utterly and completely unfair.  The soldier will be right.

The problem is that this is not what the Army intended an SCM to be.  The SCM was created to take pressure off of the military judges and the military courts by allowing a lower level proceeding, that would still afford the soldier all of his basic rights.  At an SCM, the same rules apply as at a Special Court Martial or a General Court Martial.  The rules of evidence apply.  The ability to call witnesses at the trial on the merits and on sentencing both apply.  The ability to introduce evidence in defense and mitigation apply.  In the face of this evidence, the SCM Officer has e a duty to act neutrally and only weigh competent  and relevant evidence.  Because all of these legal rights apply, this is one reason that hiring a qualified civilian military defense attorney may be the most crucial decision when deciding whether to object to or consent to a Summary Court Martial.

More than any other military proceeding the civilian defense counsel has the biggest overall effect on a Summary Court Martial.  This is because at a Summary Court Martial the person that is most confused and feeling like a fish out of water is the SCM Officer. As military officers, they have probably never been around a trial or administrative hearing. They do not understand the law.  They do not understand the introduction of evidence and they do not understand the proper way to question a witness on the stand.  All of these things lead allow the civilian defense counsel to help guide both the SCM Officer and the outcome.  The civilian defense counsel in subtle ways can both befriend and harrass the SCM Officer into making a favorable decision for the accused soldier.

If the civilian defense attorney acts appropriately, he will quickly guide the presentation of evidence at Trial.  This is a huge advantage.  This will also give the civilian defense attorney credibility with the SCM Officer.

As an example of this, I had a case where my client had originally been accused of Rape.  He was a Sergeant First Class (E-7) and was accused of sexually assaulting on of his soldier.  I was originally hired to represent him at a General Court Martial. After the Article 32 hearing, the Article 32 officer recommended a lesser charge than Rape and that the referral be at the SCM level.

At the SCM, the proceeding was held in a tiny office.  The SCM officer and I were just a few feet from each other and the atmosphere was very relaxed.  I had been in the Army for 10 years, both enlisted and commissioned time, and have been deployed to Iraq twice.  The SCM officer was an infantry officer and so I began to chat with him until we were able to start swapping stories.  I relaxed him by assuring him that I wasn’t there to cause trouble and I would help him through the entire proceeding.  I also told him before we even began that the Government had done him no favors because all of the evidence in his allied papers would not be allowed into evidence.  I assured him that I wouldn’t make it hard, just would explain the problems as we got to them.

After we opened the trial, the SCM tried to introduce several sworn statements of witnesses.  The witnesses were not called, but were actually deployed at the time, so I explained this was hearsay and couldn’t be considered.  We did this with the DNA report, the rape kit, all of the pertinent evidence.  All of it was excluded as hearsay.  Then when the main accuser was called to testify I asked the SCM Officer if I could do the direct to make it go easier.  He agreed.  I then lead the accuser through direct, but did it from the defense prospective and not from a prosecutorial prospective.  Before closing arguments, I engaged the SCM Officer in a long conversation on what were the problems with the case.  At that point, the SCM threw out the script and decided that my client was not guilty.

The problem is that if my client went in alone he would now be an E-6 and would have lost huge amounts of retirement.  The SCM Officer would have looked at the packet given to him by the Government, and without cross examination or analysis would have just figured that my client was guilty.

For these reasons, any soldier that is considering going to a SCM should also consider consulting and/or hiring a qualified military civilian defense counsel.  Now here is the problem, there are very few attorneys that are qualified to represent soldiers at SCMs.  Make sure that the civilian attorney you consult with knows what he is doing and that he has lots of experience with Court Martials.  Most attorneys will be happy to take your money to represent you, but many don’t have a clue how a military proceeding works.  Civilian state court trial time does not translate well to the military.

These are the things you should find out about the civilian attorney: (1) how many SCMs has he done, (2) can he explain how an SCM works (both perils and positives), (3) can he explain why you should or should not object to trial by SCM, (4) how well does he know military law, and (5) finally, does he seem like someone you will trust and like.  If he meets these qualifications and you think he can help you, you should really consider hiring him before you go it alone at an SCM.

More on SSG Mitch Warner and his appeal process

I am the lead counsel in US v. Warner. I am a military lawyer and nothing in this blog is meant to be construed as developing an attorney-client relationship between me and you.  If you want me to be your lawyer, contact either –www.jamesphillipslaw.com and www.ucmjlawyer.com.  Also, this update is written with the permission of my client SSG Mitch Warner.  He has consented to waive any attorney-client privilege to help clear his name.

For anyone who has read my blog on SSG Warner, you will know that I believe in SSG Warner as both a soldier and a citizen.  Over the time I have defended him in this Court-Martial, I have come to respect him as a person and as a combat veteran.  He deserves better than he is getting from the US Army.

Mitch Warner was convicted of several offenses and is currently beginning to serve his 17 month sentence.  He was convicted of the maltreatment of a suspected Al Queada member who may have been linked to the death of several members of SSG Warner’s platoon.  At trial, Ali Mansur, the Iraqi detainee that was ultimately killed, was made out by the government to be a humble citizen of Iraq who was unfairly treated by our US Soldiers.  There is evidence that this is just not true.  One of the reasons that this entire tragic event took place, which resulted in the killing of Ali Mansur by 1LT Behenna, was that Ali Mansur was suspected in participating in the killing of American Soldiers near COB Speicher.  5th Platoon, the platoon the both 1LT Behenna and SSG Warner, were assigned to, took significant casualties just a few weeks prior to the May 16, 2008 death of Ali Mansur.  Mr. Mansur was picked up by 5th Platoon and was detaineed as part of the investigation of those deaths.  For a reason unknown to the defense team, Ali Mansur was order to be released from custody and was to be returned to his home by 5th Platoon.  Now, it doesn’t take a genius to know this was probably not a good decision on the part of the chain of command.

For SSG Warner, these facts do not change the outcome of his trial.  He now must begin to ask for both clemency and to appeal his sentence.  In the Army, the appeals process is two-fold, (1) the convicted Soldier may appeal to the convening authority, and (2) after that, they may appeal to a higher level court.

The first part of the process is termed as 1105 and 1106 matters.  Essentially, this will allow the defense team to submit additional matters in mitigation to the “convening authority.”  In the military, a military judge makes a determination as to the appropriate sentence in every judge alone case.  After the verdict is read, it still must be approved by the convening authority.  In this case, the Commander of the 101st Airborne Division (AASLT) may take action on the case and has the option of lowering the sentence.  It is his discretion based on matters submitted by the defense and a recommendation submitted by the Staff Judge Advocate of the Post. 

In Mitch Warner’s case, we will ask the convening authority to lower the sentence.  SSG Warner has distinguished himself as a soldier and in this case, based on the nature of the offenses, SSG Warner should not serve any additional time in confinement.  SSG Warner has an impeccable service record, to include Air Assault instructor, three tours in Iraq, numerous firefights and heroic actions in combat.  In addition, he has spent the past months defending himself against a charge of premeditated murder that he was not guilty of.

If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or significant confinement, the case is reviewed by the Army Court of Criminal Appeals.  In this case, both the type of discharge and the amount of confinement warrant an appeal.  Although SSG Warner would be afforded a military lawyer for his appellate defense, we would like for him to be represented by a team of civilian lawyers.  If you want to help with this endeavor and participate in the ongoing legal defense of SSG Warner, you may donate money to the Phillips Law, PLLC Trust Account.  Call our office at (931) 552-5679 for instructions on how to get involved in this case.  Get the word out to everyone you know.  This is a soldier that we should not forget and the more the better.

AWOL- A Crime? Or a Soldier Quitting a Job?

Absent Without Leave (AWOL).  www.ucmjlawyer.com and www.jamesphillipslaw.com.

We offer self-help legal for AWOL at invisblelawyer.com.  AWOL is a crime under Article 86 of the Uniform Code of Military Justice.  The crime itself is problematic because the question has to be asked, “is it really a crime?”  Oh, I know, you hard core military folk are going to disown me for this one.  I mean, here I am, a two time war vet, bronze star recipient, saying that AWOL may not be a  crime.

Now, for all my soldiers that are reading this because you are AWOL and looking for advice, you may just want to scroll to the end of the blog now so that you can get helpful tips for getting out of your predicament.

For all others, follow along, when soldiers go AWOL, they are usually  highly disenchanted with their unit.  Many times they have drug problems or family problems that are causing them to think irrationally.

I have found that there are generally two types of soldiers that go AWOL.  (1) The soldier who has been in for several years, is a junior NCO and has been to Iraq.  Many of these guys have just had it with their chain of command and due to PTSD issues or emotional problems just decide to disappear. (2)  The other type of soldier is the relatively new soldier, virtually a trainee, who doesn’t know how to put in for a voluntary administrative discharge, so he just leaves.

Most soldiers who go AWOL are using it as a means to get a discharge.   A civilian job allows the employees to quit.  I mean, it is reasonable for people to tell their boss to “take this job and shove it.”  The military doesn’t allow you to do that, but really, why should the military be different than civilian employment?  The argument of course is that civilians don’t go to war.

But, this difference creates a problem.  Do we really want people, in an all-volunteer military, to be forced to come to work everyday?

As a legal assistance officer at Fort Campbell, I remember when Fort Campbell had a policy that any homosexual soldier would be out of the Army within 72 hours.  This policy was a result of the Winchell incident, when a soldier was beaten to death for being a known homosexual.  But, many soldiers, who didn’t want to be in the Army, would claim that they were gay in order to get out of the Army.  At Fort Campbell, this was a quick and painless ticket home.  They would get an honorable discharge and an annotation on their DD 214 stating they were discharge for Homosexual Conduct. What was a  little stigma between friends?  The reality was that the soldiers that really wanted to get out of the Army would do and say anything to get out.

For me, I think there ought to be some way that soldiers can get administratively discharged based upon several voluntary reasons.  Soldiers that don’t want to be in the Military should not be there.  A soldier with a bad attitude can drive the whole unit into the ground.

Col. Joseph Anderson, now General Anderson, was the Brigade Commander for 2BCT, 101st Airborne Division (Air Assault).  Once we got back from Iraq, he had a policy of quickly removing soldiers that were guilty of doing drugs from his units.  He was less interested in court martialling them than he was getting them out of the unit.  The longer a soldier with a drug problem was in the unit, the more disgruntled he would become.  Eventually, the soldier’s bad attitude, use of drugs and insubordination would eventually become like a cancer and spread to other members of the unit.  Getting them out was a means of keeping the unit disciplined and clean.

AWOL has the same effect on a unit.  A soldier who has been AWOL for any period of time becomes “civilianized.”  He has normally decided that he no longer wants to be in the military and he is a cancer within the unit.  He is generally insubordinate.  Many times he no longer has military clothing.  He doesn’t have money. He lives in the barracks and has limited access to the military post’s amenities.  He will hang out with other soldiers that are disgruntled and they will begin to ferment within the unit.

Generally, the AWOL soldier can also be rehabilitated within society as a whole.  Many times they are smart young guys that need more time to mature.  As they become older and more mature, they will regret their bad choices and begin to try to fix their transgressions from their younger days.  I see this when these guys come back years later, grown up and matured, wanting to fix their military records.  They have to go through the slow agonizing process of submitting an application to a Military Discharge Review Board.

Now, for you AWOL guys.  Here is the best advice I can give you.  TURN YOURSELF BACK IN.  Get back within military control and get this thing over with.

The longer you were gone, the more likely you will need an attorney.  But, each military unit has some discretion on how they deal with each and every AWOL.  This means that some units will discharge the soldier with little to no hassle.  Others will be quite severe.

Once you turn yourself into the unit, do not give a statement.  You have Article 31, which means you have the right to remain silent and you have the right to an attorney.  You should not make any statements to the chain of command because even though it seems pretty simple, if they take you to a Court Martial, they still have to prove the charge and usually it is easier to prove a charge when a guy has admitted it than not.

Also, you will be entitled to a Trial Defense Attorney.  You should take advantage of this.  AWOL punishments vary from post to post, so your local Trial Defense Services attorney will be able to give you the lay of the land and help you decide what your best course of action will be.  Many times the TDS attorney can get you administratively discharged rather than have to go through the pain of a Court Martial.