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

Navy LCDR Retains Security Clearance After Disclosing Mental Health Issues on SF-86

SOUTHEAST:  Active duty O-4 received an SOR after disclosing mental health treatment on his SF-86 pursuant to a periodic review.  After
retaining JAG Defense to assist with the SOR Response, client successfully mitigated concerns regarding  the potential to subject the officer to
undue influence, coercion, exploitation or duress which could raise questions about reliability, trustworthiness, and ability to protect classified information.  Client received a favorable security clearance determination and retained his security clearance.

 

 

Category: Security Clearance Success Stories

April 2017

Navy Officer Security Clearance Adjudication For Sexual Behavior
Result: Officer Retains Security Clearance/Access to Sensitive Position

Category: Recent Results

March 2017

U.S. Navy E-6  Administrative Separation Board, NCBC Gulfport, MS
Result: No Misconduct/Retain

Category: Recent Results

Navy Sailor Acquitted After Positive Urinalysis for Cocaine and Ecstasy

Navy E-5 tested positive on a unit sweep urinalysis test for cocaine and ecstasy.  His command offered him Captain’s Mast, which he refused and demanded trial by court-martial.  During our investigation into his case, our attorneys discovered significant flaws in the command’s urinalysis collection program.  At his subsequent Special Court-Martial, we were able to show the command’s failure to maintain a proper chain of custody on our client’s sample, institutional failings in the command’s urinalysis program overall.  In addition, we surprised the government by proving that the UPC that testified in their case was not even the UPC that collected our client’s sample.  Following the close of the government’s case, we rested without even needing to present a shred of evidence.  RESULT: The member panel found our client Not Guilty.

Category: Positive Urinalysis Success Stories

February 2017

U.S. Navy E-5  Special Court-Martial, NS Norfolk, VA
Result: Full Acquittal

Category: Recent Results