Sexual Assault Charges Withdrawn and Dismissed Against Coast Guard Petty Officer

Coast Guard E-5 was charged with sexually assaulting a female co-worker.  After excessive drinking at an off-base party, our client was videotaped and photographed with the alleged victim in the bathroom, helping her to stand and holding her hair back while she vomited.  There were also pictures of the alleged victim passed out with her head on the toilet.  After numerous people assisted in carrying the alleged victim to a guest bedroom, our client returned to the party.  Approximately 20 minutes later, our client was found in the alleged victim’s bed with her.  Neither of them were wearing pants.  The next morning, the alleged victim had no recollection of our client being discovered in her bedroom.  Our client was charged with sexual assault and attempted rape due to the alleged victim’s intoxication level.  Despite the significant evidence against our client, JAG Defense was successful in negotiating a pretrial agreement wherein the sexual assault charges against our client were WITHDRAWN and DISMISSED.  Result: No punitive discharge and no sex offender registration.

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

Honorable Retirement for Coast Guard E-6 Charged with Larceny of Military Property

Coast Guard E-6 with over 20 years of military service was charged with 13 different specifications, including allegations of the theft of 29 different items from the Coast Guard. After an exhaustive investigation and extensive negotiations with the Coast Guard, we secured a pre-trial agreement wherein the government DISMISSED WITH PREJUDICE 8 of the charges, including 23 of the 29 stolen items. Result: Our client was only reduced one pay-grade and RETIRED from the U.S. Coast Guard. 

Category: Military Success Stories

Coast Guard O-4 Retained After Numerous UCMJ Violations

Coast Guard O-4 was competitively selected to attend a 2-year graduate degree program at a civilian university, fully funded by the Coast Guard. After less than a semester, our Client stopped attending all classes. His failure to attend class continued through the entire Spring semester before he was disenrolled from the program due to his failure to complete the required coursework. During this time, he continued to received full pay and benefits from the Coast Guard. At his subsequent General Court-Martial, our Client pleaded guilty to numerous violations of the UCMJ related to his failure to attend class for almost a year. Based upon our representation during the sentencing proceeding, however, our Client received only 60 days of confinement. More importantly, our client was RETAINED in the Coast Guard, and will continue his 14-year career towards retirement. 

Category: Military Success Stories

Homosexual Sexual Assault Charges Withdrawn and Dismissed for Coast Guard E-6

Coast Guard E-6 was charged with homosexually assaulting and stalking 2 subordinate petty officers on numerous occasions. He was also charged with breaking into one of the petty officer’s homes and assaulting him. While that investigation was pending, our client engaged in separate misconduct, to include shoving and cursing a warrant officer and punching another petty officer after a day of prolonged drinking. Our client was facing a dishonorable discharge, confinement for life, and would have had to register as a sex offender. At the Article 32 hearing, our aggressive cross-examination of the alleged sexual assault victims highlighted significant credibility problems. As a result, in exchange for guilty pleas to the subsequent misconduct, we convinced the command to WITHDRAW AND DISMISS WITH PREJUDICE all sex allegations. At our client’s court-martial, we litigated four remaining allegations, including housebreaking and assault. Our client was found NOT GUILTY of the remaining allegations. Based upon his guilty pleas, he was sentenced to only 30 days confinement and NO DISCHARGE. 

Category: Military Success Stories

Coast Guard E-6 Avoided Federal Conviction

Coast Guard E-6 committed travel voucher fraud resulting in overpayment of approximately $25,000. He was charged with over 10 different violations of the UCMJ, to include false official statement, conspiracy, and larceny, and his case was referred to court-martial. After he retained the services of JAG Defense, we were able to negotiate an alternate disposition for our client. The government agreed to WITHDRAW and DISMISS the majority of the charges, to include the larceny and conspiracy charges. Our client’s punishment was limited to a one-paygrade reduction and a $400 fine. As a result of our negotiations, our client avoided a federal conviction, a criminal record, jail time, and a punitive discharge.

Category: Military Success Stories

Coast Guard O-2 Officer Evaluation Report Removed After Petition Filed

Coast Guard O-2 received an Officer Evaluation Report (OER) with significantly reduced marks from previous OERs as well as containing negative comments that both adversely impacted the overall career opportunities for the Officer, and also directly led to the Officer failing to select for promotion to O-3. Upon filing a petition to the Board for Correction of Coast Guard Records, the Board granted full relief and ordered the removal of the offending OER and replacement with a continuity OER, removal of non-selection for promotion to LT and, backdating of promotion to LT if selected at the first promotion selection board to consider the Officer subsequent to the granting of relief by the Board.

Category: Military Success Stories