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

USMC Gunnery Sergeant Cleared of Positive Urinalysis Test

A decorated Gunnery Sergeant retained JAG Defense after she allegedly tested positive for D-Amphetamines on a random urinalysis test.  During our initial investigation of the case, we uncovered significant issues with our client’s urinalysis sample.  Using the collection program’s own records, we were able to demonstrate that the collection program had mislabeled another Marine’s urinalysis sample with our client’s information.  We presented this information to the command, which resulted in NO CHARGES even being filed against our client.

Category: Positive Urinalysis Success Stories

Navy Lieutenant Cleared of Misconduct, Retained at Board of Inquiry

Our client, a Navy O-3, went TAD to Ghana.  Following the trip, one of his disgruntled Sailors started circulating rumors that our client engaged in repeated sexual activities with Ghanaian foreign nationals, despite the fact that he was married.  These rumors swirled around the command for months before an anonymous tip was made to NCIS only days before our client was set to PCS.  After a rushed and laughingly inept “investigation,” our client was offered nonjudicial punishment, which he refused.  The command referred his case to Navy BUPERS, who ordered our client to show cause for retention at a Board of Inquiry for alleged violations of Article 92, 133, and 134, UCMJ.  At the Board, we presented overwhelming evidence of our client’s exceptional Naval career and integrity, as well as evidence that the accusing Sailor had a reputation for exaggerating and spreading rumors.  Result: After only 10 minutes of deliberations, the Board voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the Navy.

Category: Military Success Stories

Naval Officer Involved in Camel Accident CoverUp – Retained

A group of officers and enlisted members went on liberty in Djbouti, Africa.  While on liberty, they purchased and consumed alcohol (with the exception of the driver).  On the way back to their base, they struck a camel, severely damaging their GOV.  In the ensuing investigation, a number of the members made false, conflicting statements about their consumption of alcohol.  Our client admitted to his own drinking, but on two separate occasions, denied knowledge of anyone else’s purchase or consumption of alcohol, which was not true.  Our client was taken to Admiral’s Mast, where he was found guilty of false official statement, conduct unbecoming an officer and a gentleman, and failure to obey a lawful regulation.  Following his Mast, our client completed his deployment in Djbouti, returned to the U.S., and then was notified that he would be required to show cause for retention in the U.S. Navy.  At his Board of Inquiry, our client took responsibility for making false statements on 2 occasions, as well as not properly executing the required liberty paperwork (which was the basis of the orders violation).  We presented compelling evidence of his otherwise positive Naval career, coupled with his exceptional performance on deployment, both before and after the incident.  Result: The Board voted 3-0 to RETAIN our client in the U.S. Navy.

Category: Military Success Stories

Coast Guard O-4 Retained After 2nd Alcohol Incident

Following an extremely successful command tour, a disgruntled subordinate initiated an EEO investigation against our client.  While the EEO claims were ultimately determined to be unsubstantiated, the investigation uncovered evidence that our client became excessively intoxicated during a junior officer’s “wetting down,” groped/fondled females at the bar, and led to his removal from the bar, urinating on the sidewalk, and failure to pay his taxi fare.  Our client was further charged with coercing his Chiefs Mess and Executive Officer into not reporting his behavior to the chain of command.  In addition, our client had a previous DUI 11 years earlier.  As a result, he received a 2nd “Alcohol Incident,” which requires mandatory discharge processing in the Coast Guard.  At his subsequent Board of Inquiry, we demonstrated that the allegations that our client coerced his Chiefs Mess and XO were entirely inaccurate, as were the allegations of groping and fondling females.  We further mitigated many of the additional allegations against him, and presented compelling evidence of his otherwise exceptional career.  Result: Despite 2 Alcohol Incidents, our client was retained in the U.S. Coast Guard and will retire honorably.

Category: Military Success Stories

Commanding Officer Navy IG Investigation – Client Promoted to O-6

Senior Officer (O-5) Commanding Officer was named subject in three complaints filed by a disgruntled former subordinate Department Head/Junior Officer concerning administrative orders request, IG Complaint and Article 1150 US Navy Regulations complaint of wrong, all related to alleged administrative misconduct by the Commanding Officer. Working very closely with assigned military defense counsel, we were ultimately able to achieve a favorable resolution of the issues/concerns and, despite an initial delay, the client was both promoted to O-6 and continued in career-enhancing assignments with no permanent adverse official military personnel file entries.

Category: Military Success Stories

No Misconduct Finding for Naval Officer

22 year Naval Officer was taken to a Board of Inquiry for allegations including fraud against the government (Art 132, UCMJ), failure to obey a general order or regulation (Art 92, UCMJ), conduct unbecoming an officer and a gentleman (Art 133, UCMJ), and numerous allegations of substandard duty performance.  At his Board of Inquiry, JAG Defense vigorously defended our client against all allegations by attacking the sufficiency of the investigation, impeaching the objectivity and motives of the Commodore who ordered the investigation and Board of Inquiry, presenting conclusive proof of our client’s innocence, and calling a virtual parade of fellow officers to testify to our client’s outstanding officership, integrity, and military character.  Result: The O-6 board members deliberated for only 5 minutes before returning a finding of NO MISCONDUCT on all charges, and RETAINED our client in the U.S. Navy.

Category: Military Success Stories

No Misconduct Finding for Navy E-4 After Positive Urinalysis Test

Navy E-4 tested positive on a urinalysis test for benzoylecgonine, the metabolite for cocaine.  He immediately retained the services of JAG Defense to represent him.  His command initiated Captain’s Mast, which he refused to accept.  As anticipated, his command opted not to pursue a court-martial, and instead sent his case directly to an administrative separation board.  At his subsequent board, JAG Defense presented testimony from a local bouncer who admitted to spiking our client’s drink with cocaine.  In addition, the government’s expert in forensic toxicology admitted during our cross-examination that the nanogram level in our client’s sample was scientifically consistent with the explanation of the spiked drink, and that our client’s test results were so low that he may not have even felt the effects of cocaine, let alone used it intentionally.  Result: The members voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the U.S. Navy.  

Category: Positive Urinalysis Success Stories

Naval Officer Retained After Positive Urinalysis for d-Amphetamines

Navy O-5 tested positive for d-amphetamine on a random urinalysis test and was processed for administrative discharge at a Board of Inquiry.  JAG Defense fully investigated the circumstances of his positive urinalysis test, to include a review of the toxicology report from the drug testing laboratory.  In doing so, we uncovered a number of important aspects of our client’s drug test result.  First, the ration of d-amphetamine to l-amphetamine present in our client’s urine sample was 3:1, which indicated that the positive test result was due to a prescription medication, rather than a “street” amphetamine.  Specifically, the ratio was entirely consistent with Adderall, a commonly prescribed medication for ADHD.  Further, the d-amphetamine to l-amphetamine ratio was consistent with a recent use (within 12-24 hours), rather than a use that occurred many days earlier.  This was particularly important because our client’s nanogram level was fairly low, so it ruled out the government’s argument that he had used a significant amount many days earlier and probably had a much higher level at some point.  Armed with this information, we investigated our client’s actions in the 12-24 hours prior to his urinalysis test, which included his handling his wife’s Adderall medication on the morning of his urinalysis test.  At his Board of Inquiry, we presented testimony from a forensic toxicologist to demonstrate that our client’s test result was entirely consistent with his accidental ingestion of some minute amount of his wife’s Adderall on the morning of the test collection.  Result: By a vote of 3-0, the panel of O-6 officers found that our client had committed NO MISCONDUCT and RETAINED him in the U.S. Navy. 

Category: Positive Urinalysis Success Stories

Army Officer Retained at Board of Inquiry

A Second Lieutenant in the Army National Guard tested positive for cocaine on a random urinalysis test.  At his subsequent Board of Inquiry, JAG Defense presented compelling evidence of his military character, numerous errors by the collection facility, and the possibility of an unknowing ingestion.  The officer panel voted 4-0 that there was insufficient evidence that our client had committed any misconduct, and RETAINED him in the Army National Guard. 

Category: Positive Urinalysis Success Stories