Hurlburt Field is on Florida’s Emerald Coast, just west of Eglin Air Force Base and a short drive from Fort Walton Beach. It’s one of the most important installations in the military and a constant source of serious court-martial activity.
As headquarters of Air Force Special Operations Command (AFSOC), Hurlburt trains, equips, and deploys the Air Force’s special operations forces. These units execute missions including precision strike, global access, and personnel recovery in hostile territory. The 1st Special Operations Wing is the host unit and premier wing in AFSOC. Its aircraft include the AC-130J Ghostrider gunship, CV-22B Osprey, MC-130J Commando II, and U-28A Draco.
Hurlburt also houses several tenant organizations that provide the foundation for Air Force and joint special operations. These include the Air Force Special Operations Air Warfare Center and elements of the 24th Special Operations Wing, which provides combat control, pararescue, and special tactics capabilities.
The Office of Special Trial Counsel (OSTC) has exclusive purview over the most serious allegations under the UCMJ, including sexual misconduct, crimes against children, and domestic violence. Hurlburt’s OSTC responsibilities fall under District 1, located at Joint Base Langley-Eustis. Gagne, Scherer & Associates communicates with that OSTC office frequently.
Gagne, Scherer & Associates at Hurlburt Field
We’ve been representing Hurlburt Airmen for over 20 years. Three examples from our work there illustrate the success we’ve secured for our clients:
- A MSgt faced sexual assault allegations made by an estranged spouse during a divorce and custody dispute. The spouse also alleged that their teenage daughter had recovered memories of our client sexually abusing her during her early childhood. Our attorneys prepared for a contested panel trial and filed substantial pretrial motions. When a new military judge was assigned to the case who we believed had a commitment to holding the prosecution to its burden of proof, Gagne, Scherer & Associates changed the forum so the judge could decide the entire case. The judge fully acquitted our client.
- An airman on appellate leave after a first court-martial was arrested for new misconduct. He was held in pretrial confinement. We filed a motion to dismiss for violation of his right to a speedy-trial under Article 10, UCMJ. After Gagne, Scherer & Associates’ thorough cross-examination of legal-office witnesses and testimony from the chief circuit judge, the charges were dismissed with prejudice.
- Local police executed a search warrant on a SSgt living in off-base housing for suspected drug trafficking; the client was not named as a suspect on the warrant. AFOSI was involved in the raid. When the client arrived and threw trash in a bin, agents ordered him to the ground at gunpoint, handcuffed him, and brought him inside for questioning. He invoked counsel. Agents then transported him to Eglin to obtain a urinalysis authorization based on information gathered during the civilian search. On the eve of trial, Gagne, Scherer & Associates got all statements and evidence suppressed on posse comitatus grounds, and the case was dismissed.
Hurlburt Field Docket Activity
As with many operational bases, courts-martial activity at Hurlburt Field tends to feature the cases OSTC keeps for itself (it includes lower level courts as well). The docket typically includes:
- Article 120 sexual assault and abusive sexual contact
- Article 128b domestic violence, including strangulation
- Article 120c indecent recording
- Article 134 child pornography (possession, receipt, viewing, and production)
The recent Hurlburt docket includes acquittals on Article 120 sexual assault and abusive sexual contact charges, and guilty pleas involving desertion, drug use, attempted sexual abuse of a child, and child pornography. Pending and projected courts-martial are primarily OSTC-level offenses like sexual assault, domestic violence, indecent recording, and child pornography charges.
Commonly Asked Questions by Military Personnel Facing Charges at Hurlburt Field
Does the AFSOC culture at Hurlburt make it harder for outside civilian counsel to be effective?
It can. Special operations environments tend to be more insular than most, and knowledge of the local command climate and how operators communicate and think has real value. At the same time, the UCMJ itself is the same everywhere, which is why civilian counsel successfully handle cases across every branch and installation. What matters most is sustained experience within military justice, not just at an AFSOC base. But direct local experience can be helpful. One of us, Greg Gagne, was previously assigned to the base legal office and later served as the Area Defense Counsel there.
Can a civilian attorney represent me at Hurlburt Field without an office near Fort Walton Beach?
Yes. Civilian attorneys licensed in any state and admitted to practice before military courts can appear at Hurlburt regardless of where their office is located. The military justice system is the same at every US military installation in the world, so the physical presence of a brick-and-mortar office near the base is irrelevant to whether the attorney is right for the job. Gagne, Scherer & Associates has represented Hurlburt Airmen for more than twenty years. During active duty, Mr. Scherer was stationed at Keesler and traveled to Hurlburt regularly, working with Mr. Gagne to defend AFSOC Airmen; after leaving the service, both attorneys have continued representing Hurlburt Airmen while living outside Florida, traveling when the case requires it and handling the rest of the work remotely.
What happens when OSTC at Langley-Eustis defers a Hurlburt AFB case?
The command gains disposition authority and will decide what to do, with advice from the base legal office. Once deferred, the case is no longer under OSTC’s exclusive control. The commander, consulting with Hurlburt Field JAGs, sometimes with additional input from OSTC in an advisory role, can resolve the case with a verbal counseling, a Letter of Reprimand, nonjudicial punishment, or court-martial. Or they can drop the case altogether. If the decision is for a court-martial, a Special Court-Martial is the common forum, though a General Court-Martial is still possible.
Do Area Defense Counsel from nearby bases like Eglin handle cases at Hurlburt Field?
Yes. ADCs from Eglin and other nearby installations routinely represent Airmen stationed at Hurlburt. The military defense system is uniform (same laws and procedures), so appointed counsel often travel between bases. Some ADCs find the travel disruptive; for top-tier civilian military lawyers, it’s routine.
Do I always need to hire a civilian military lawyer at Hurlburt?
No. Some cases aren’t worth the cost. THC cases are usually dead on arrival and end in administrative separation. Minor misconduct that does not trigger board entitlement doesn’t justify the cost either. The same is true when the evidence is overwhelming and the Area Defense Counsel has already secured a clearly favorable deal. In those situations, save your money.
The opposite is true for almost every covered offense case that OSTC has eyes on, any open OSI investigation, any command investigation that could lead to UCMJ action, and any case headed for a contested court-martial or administrative board. Those situations call for a higher level of skill, judgment, and courtroom presence. That’s when the gain is worth the cost.
Will hiring a civilian lawyer make an AFSOC command think I’m guilty or uncooperative?
No. AFSOC culture leans toward handling problems in-house, but a good commander still wants to keep his assets intact. There’s nothing unusual or suspicious about AFSOC Airmen hiring experienced civilian counsel. It’s a sign you’re taking the case seriously. It’s a good thing, not a bad thing, not only for your defense but for your relationship with your chain of command.
Gagne, Scherer & Associates: Hurlburt Field UCMJ Lawyers
If you are active duty and under OSI investigation or facing charges at Hurlburt Field, call us at (224) 935-6172. You will speak directly with a partner attorney.