O-10 Cleared of Wrongdoing

Senior Officer (O-10) was identified as a person of interest in a Congressional investigation into the death of a service member from alleged friendly fire. After being called to testify behind closed doors with staff members of House committee, the officer was cleared of any wrongdoing.

Category: Senior Officer Cases Success Stories

JAG Defense Proves Urinalysis Sample Came From Another Soldier

Army E-8 tested positive on a urinalysis test for amphetamines and benzodiazepines.  He was offered nonjudicial punishment, which he refused pursuant to JAG Defense advice.  His command elected not to pursue a court-martial.  Instead, he was processed for administrative separation and send to a discharge board.  During our investigation into the urinalysis collection, JAG Defense discovered significant flaws in the urinalysis collection program overall, and with our client’s sample specifically.  We were able to obtain the urinalysis bottle from the testing laboratory, which definitively showed someone else’s initials on the bottle attributed to our client!  It was the rare case where we were able to prove without a doubt that a false positive urinalysis test had occurred.  Result: The members voted 3-0 for No Misconduct and our client continued his Army career.

Category: Positive Urinalysis Success Stories

September 2017

U.S. Navy O-5 Board of Inquiry, NS Norfolk, VA
Result: Officer Retained

Category: Recent Results

August 2017

DoD Employee Security Clearance Adjudication For Mishandling Classified Information and Sexual Behavior
Result: Employee Retains Security Clearance/Access to Sensitive Position

Category: Recent Results

GS Employee Retains Clearance

MIDATLANTIC:  Federal Government employee in the Department of Defense received an SOR concerning handling of protected information, personal conduct, sexual conduct, criminal conduct, psychological conditions, and financial considerations as a result of allegations of leaving classified material unsecured, failing to protect sensitive information by having it open to public view while on public transportation, disclosing classified information to a family member who then publicly shared that information, bringing classified information home, disclosing a classified location, making threats of violence against members of the activity, engaging the services of a sex worker, suffering from a diagnosed psychological disorder, and failing to pay debts.  After presenting the case at a Personal Appearance, to include consideration of protections under PPD-19 (Protecting Whistleblowers with Access to Classified Information) the Personnel Security Appeals Board found FOR THE APPELLANT and the clearance was granted.

 

Category: Security Clearance Success Stories

July 2017

U.S. Army E-8 Administrative Separation Board, Fort Bragg, NC
Result: No Misconduct/Retain

Category: Recent Results

Army Officer Cleared of Pornography Charges

Our client was a 20-year officer in the U.S. Army Reserve.  While working in his civilian capacity as a government contractor, he was charged with the possession of pornography on a government computer system.  He was summarily fired from his contractor job and his Army Reserve command initiated administrative discharge proceedings against him.  He hired JAG Defense to represent him at his Board of Inquiry.  At his Board, we were able to demonstrate that the alleged misconduct occurred only in his civilian position, not when he was serving as a member of the Army Reserve.  In addition, we showed that the “pornography” was really the sharing of Facebook “memes” with his wife, who was deployed at the time.  While some of these “memes” were fairly explicit, we argued that they did not rise to the level of “pornography.”  Result: The Board of Inquiry voted 3-0 that our client had NOT possessed pornography as a member of the Army Reserve and RETAINED him in the Army.

Category: Military Success Stories

Attempted Murder and Rape Charges Dismissed

A Navy Sailor was charged with attempted murder, aggravated assault and rape following an altercation with his girlfriend.  The charges included allegations that he punched, strangled, and smothered his girlfriend before slamming her head into the floor until she lost consciousness.  The girlfriend then claimed that the Sailor raped her while she was unconscious.  During the incident, the girlfriend managed to call a friend’s voicemail, which captured the audio of the Sailor yelling and making threats, as well as the sound of a physical altercation.  There was also significant DNA and other forensic evidence collected by NCIS, as well as witnesses who heard the physical altercation. After being charged by the Navy and while awaiting a court-martial, the Sailor was involved in a second altercation with a different girlfriend, which led to additional charges of aggravated assault.  The Sailor was facing the possibility of life imprisonment and a sex offender registration.  Prior to JAG Defense involvement, the most favorable pretrial offer from the prosecution was that the Sailor had to plead guilty to all charges in order to receive a confinement cap of 12  years.  The Sailor’s family hired JAG Defense to represent him at his court-martial.  Over a period of months, JAG Defense negotiated an initial pretrial deal where the government agreed to dismiss the attempted murder charge and all but one assault charge for each victim.  The government intended to attempt to prove the rape charge.  During the course of our preparation to contest the rape charge, JAG Defense uncovered DNA evidence that was extremely damaging to the government’s case and definitively proved that the victim had lied about the sexual assault.  As a result, the government dismissed the rape charge the night before the Sailor’s court-martial was to begin.  Result: Attempted Murder and Rape Charges Dismissed. Client guilty only of lesser assault charges and will be released from confinement in less than a year.  No sex offender registration.

Category: Military Success Stories

June 2017

U.S. Army O-3 Board of Inquiry, Daenner Kaserne, Germany
Result: Officer Retained

Category: Recent Results

May 2017

U.S. Navy E-8 Administrative Separation Board, JEB Little Creek, VA
Result: No Misconduct/Retain

Category: Recent Results