Michael Phillips

Still No Justice: How the Military’s Family Advocacy Program Becomes a Weapon Against Its Own

By Michael Phillips
Follow-up to “No One Is Safe: How Family Court Punishes Our Heroes”

“You can be sure that getting dragged through a criminal investigation by the organization you serve, having your clearance suspended, and your reputation slandered are hard to undo—especially when there’s no obligation for the military to acknowledge, let alone repair, the damage.”
– Mehdi Akacem, Military Advocate

If you’re still under the illusion that the military stands by its servicemembers until guilt is proven, you haven’t been paying attention.

In my last piece, I explored how family courts routinely punish our heroes through no-fault divorces turned weaponized custody wars. But what happens when the military itself joins the pile-on? When it allows shadow investigations, administrative punishment without trial, and protective orders based on no due process at all?

Let me be blunt: the military has its own version of family court—and it might be even worse.

False Allegations in Uniform: The Hidden Epidemic

According to the Department of Defense’s FY2024 Annual Report on Sexual Assault in the Military, there were 5,169 unrestricted reports of sexual assault in 2024. Of those, 1,003 were deemed to have insufficient evidence, and 26 were found to be refuted by evidence. That’s over 1,000 cases where accusations didn’t hold up—but that doesn’t mean the accused walked away unscathed.

Once an allegation is made, even without evidence, the servicemember’s entire life can unravel:

  • Security clearance suspended
  • Military Protective Orders issued
  • Removed from duty assignments
  • Cut off from their own children
  • Administrative discharge proceedings initiated

These consequences are rarely reversed—even when the accusation turns out to be baseless.

Family Advocacy: The Military’s Shadow Court

Enter the Family Advocacy Program (FAP)—a bureaucratic machine presented as “therapeutic,” but with real punitive consequences. FAP runs administrative investigations in parallel with any criminal inquiry. These are not judicial in nature, nor are they bound by evidentiary standards or constitutional rights.

A recent GAO report (GAO-24-106985) exposed how these administrative determinations, often based on interviews and documentation without cross-examination or defense representation, are being:

  • Used in civil custody proceedings
  • Cited in administrative separation cases
  • Relied on to strip servicemembers of benefits, careers, and parental rights

Even though FAP claims to be a supportive, family-focused service, the reality is more akin to a kangaroo court in camo.

When ‘Therapeutic’ Means Termination

Legal scholar Bedestani’s article in the Military Law Review dives deep into this issue, laying out how the Army’s Family Advocacy Case Review Committee has morphed into a body with disciplinary reach—but none of the due process protections. Commanders are making life-altering decisions based on summaries, checklists, and assumptions—not legal fact-finding.

That means your command doesn’t need a conviction. They don’t need charges. They don’t even need a judge.

They just need a recommendation from FAP.

Collateral Damage: Children and Readiness

The implications go far beyond individual injustice. When innocent servicemembers are removed, investigated, or discharged over false or unproven allegations:

  • Unit cohesion is disrupted
  • Operational readiness suffers
  • Children lose access to a parent
  • Families are thrown into prolonged litigation, debt, and trauma

This is not just a personal issue. It’s a national security issue. You can’t defend a nation while destroying the people sworn to protect it.

Conclusion: Congress Knows. Now What?

Congress has been warned. The GAO has delivered the evidence. Legal scholars are publishing peer-reviewed alarms. And survivors of false allegations inside the military are starting to speak out—like Mehdi Akacem, whose powerful observations inspired this piece.

What’s missing?

Action. Reform. Accountability. And a return to due process as a core American value.

We owe it to every man and woman in uniform not just to believe in justice—but to make sure they receive it.

CALL TO ACTION:
If you are a servicemember, veteran, or military family impacted by false allegations or misuse of Family Advocacy Programs, we want to hear your story. Share it with us, or contact your member of Congress and demand oversight now.

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