Military Success Stories

Brief summaries of JAG Defense’s Representative Cases for Military Success cases are listed below.

Air Force SNCO Found Not Guilty of $306,000 BAH Fraud

Air Force E-8 stationed in Hawaii set up dual BAH entitlement for New York. Four years later, the government discovered that her spouse was actually living and working in Hawaii, and had actually joined the Hawaii Air National Guard. DFAS identified her case as “tainted claim,” and began garnishing her wages for $306,000 recoupment. Her case was referred to a General Court-Martial for larceny, where she faced up to 10 years in jail, a Dishonorable Discharge, and the loss of her military retirement. At trial before officer members, JAG Defense highlighted the government’s inability to prove that our client understood the requirements for dual BAH under the Joint Travel Regulation, and presented an affirmative defense of Mistake of Fact. Result: The member panel found our client NOT GUILTY of larceny.

Navy O-10 Cleared During Congressional Investigation

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 wrong doing.

Navy Executive Officer Retained and Promoted

Senior Officer (O-4) Executive Officer was relieved by his Commanding Officer for substandard performance after the Executive Officer raised concerns about the CO’s ability to command. After a lengthy investigative and complaint process, the Executive Officer was promoted to O-5 and went on to complete 20 years of exemplary service.

Navy JAG Officer Cleared of Ethical Violations

Senior Officer (O-5) former Commanding Officer was accused of various ethical violations by a civilian attorney. After two separate investigations and one formal hearing, the matter was closed with findings of no violations by the officer.

Commanding Officer Permitted to Retire in Grade After At-Sea Collision

Senior Officer (O-5) Commanding Officer was taken to non-judicial punishment for an at sea collision with a commercial vessel. The detachment for cause was successfully avoided, and the officer was permitted to retire at his pay grade.

Navy O-6 Accused of Adultery

Senior Officer (O-6) post-command officer was accused of adultery. After a lengthy investigation, the matter was resolved administratively with a non-punitive letter of caution with no permanent adverse military personnel file entries.

Navy Chaplain Avoids Prosecution for Adultery and Sexual Misconduct

Senior Officer (O-6) Chaplain was accused of multiple instances of adultery and misconduct with a congregation member. Criminal disposition was successfully avoided, and the matter was resolved administratively.

Navy O-6 Accused of Sexual Misconduct, Allegations Unsubstantiated

Senior Officer (O-6) Commanding Officer was accused of sexual misconduct by a crew member. After an extensive investigation, the criminal investigation was closed without substantiation, and the CO finished his command tour successfully.

Navy Commanding Officer Cleared of Abusive Leadership Allegations

Senior Officer (O-6) Commanding Officer was accused of abusive leadership by multiple personnel through IG and formal 1150 complaints from various officers from the command.   The CO was not relieved of duty, and the matters were closed with no permanent adverse military personnel file entries.

Navy O-6 Cleared in Inspector General Investigation

Senior Officer (O-6) was the subject of an IG complaint from a disgruntled civilian subordinate concerning leadership style and management of personnel. After a thorough investigation and multiple interviews, the matter was closed with corrective counseling with no permanent adverse military personnel file entries.

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