Military Success Stories

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

Client Able to Retire from Army without Punitive Discharge

Army E-7 with 23 years of service was charged with entitlement fraud spanning two years in the hundreds of thousands of dollars. After a partial acquittal, the Government argued for two years confinement and a Bad Conduct Discharge. The sentence adjudged did not include any jail time or a punitive discharge. RESULT: Our client was able to RETIRE from the U.S. Army. 

Air Force E-4 Acquitted of Theft Charges

Air Force E-4 was charged with four specifications of theft of Government property, primarily building materials and tools worth thousands of dollars. In a trial by general court-martial, the accused was acquitted of all thefts, with the exception of three small items. The conviction was ultimately set aside and an Article 15 action substituted, thus salvaging the Senior Airman’s career. 

Charges Dismissed After Cross-Examination of Customs Agents

Air Force E-3 was charged with the possession of child pornography on his computer. At his Article 32 hearing, our aggressive cross-examination of the OSI and Customs Agents demonstrated that both agencies engaged in an illegal search rather than a legal “inspection” as the government claimed. Result: The charges against our client were WITHDRAWN AND DISMISSED WITH PREJUDICE.

Dentist Able to Resign from Navy and Continue to Practice as Civilian

A Navy dentist was charged with drug distribution after she improperly prescribed medication to enlisted personnel in her work center. After retaining our services, we were able to secure a resolution to these charges that allowed her to maintain her license to practice dentistry and did not result in a criminal conviction. Instead, our client resigned from the Navy and is still able to practice dentistry as a civilian. 

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. 

Charges Dropped for Navy E-5 Charged with Aggravated Assault

Navy E-5 was charged with attacking 4 security personnel during an interrogation. At the time he retained our services, our client’s command had referred his case to a Special Court-Martial, where he faced up to a year in jail, a federal criminal record, and a punitive discharge. After extensive negotiations with his command, we were able to secure a pre-trial agreement wherein our client’s case was handled at a Summary Court-Martial, thereby avoiding a federal criminal record. As part of the pre-trial agreement, we also convinced the command to characterize our client’s service as General (Under Honorable Conditions). Result: Our client avoided a criminal record, spent not a single day in confinement, and received a General (Under Honorable Conditions) administrative separation from the military. 

Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges

Air Force E-7 was charged in 2004 with raping an Army E-3 while both were TDY to Germany. Due to our representation at his General Court-Martial, he was found NOT GUILTY of the charge against him (additional details below). In 2007, the same client was charged with indecently assaulting and attempting to commit forcible sodomy with an Air Force E-4 while TDY to Turkey. At his second General Court-Martial, the military judge permitted the previous alleged victim to testify again regarding the alleged rape from 2004. In addition, the military judge also permitted a former Air Force E-3 to testify that our client had indecently assaulted her in 1990 while TDY to Oman. Despite the apparent pattern of sexual assaults in TDY environments, we were still able to convince the officer member panel that our client was NOT GUILTY OF ALL CHARGES against him. 

Navy E-7 Retained with a 3-0 Board Vote of No Misconduct

A retirement-eligible Navy Chief allegedly made a racist comment to a subordinate Sailor. As a result, her command attempted to discharge her, which would have likely resulted in the loss of her retirement. At her discharge board, we presented evidence that the alleged “victim” of the racist comment had a history of filing baseless EO complaints throughout her career. Further, we demonstrated that the command failed to exhaust lesser administrative remedies for the situation. Result: The board voted 3-0 that our client committed NO MISCONDUCT and she was RETAINED in the Navy. 

Sexual Assault Charges Withdrawn and Dismissed for Air Force Doctor

An Air Force doctor was charged with sexually assaulting 6 female patients during medical appointments. We highlighted numerous problems in the government’s case, and successfully convinced the command to WITHDRAW AND DISMISS all sexual assault charges. Instead, our client pleaded guilty only to an orders violation for failing to wear gloves and have a chaperone during his physical examinations of his patients. Result: Our client avoided a sex offender registration and received a General (Under Honorable Conditions) separation from the Air Force. 

Air Force E-6 Retained After Testing Positive for Marijuana

Air Force E-6 with over 18 years of service was admitted to a civilian hospital. During her hospital stay, she allegedly tested positive for marijuana. Her command issued her a Letter of Reprimand (LOR), established an Unfavorable Information File (UIF), and initiated a separation action against her. Without even needing a board hearing, we were able to convince her command that the positive urinalysis was unreliable, that the LOR and UIF should be rescinded, and that separation action processing should cease immediately. Result: Our client was RETAINED without having to go through the stress and uncertainty of an administrative discharge board.

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