Military Success Stories

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

Army O-4 Retained After Repeated Alcohol-Related Incidents

An Army Major with 15 years of active duty service engaged in repeated alcohol-related incidents over the course of 3 years. These incidents included allegations of passing out in an airport while TDY, verbally abusing a subordinate over the telephone, falling down stairs and injuring himself while TDY, and failing to report to the start of a course due to severe intoxication. At the Board of Inquiry, we successfully demonstrated that he did not qualify as an alcohol rehabilitation failure. Result: By a vote of 3-0, the member panel recommended RETENTION. 

Air Force O-4 Acquitted of Sexual Offense Charges

Air Force O-4 was charged with Indecent Acts with a Child, Conduct Unbecoming an Officer by engaging in sexual advances toward female subordinates, a variety of assaults and battery on junior enlisted personnel, and drunk and disorderly conduct. He pled guilty to Assault on a Child under Sixteen, several of the Assaults, and Conduct Prejudicial to Good Order and Discipline. He was only convicted of one assault to which he did not plead guilty. He was acquitted of all sexual offenses, thus avoiding sexual offender registration. In sentencing, the Government argued for Dismissal from the service and three years confinement. Our client was sentenced to only 45 days of confinement and forfeitures, and NO DISMISSAL. 

Navy E-6 Charged with Spousal Abuse Receives Honorable Discharge from the U.S. Navy

Navy E-6 was court-martialed for severely beating his first wife in 2006 and his second wife in 2007. Based upon the charges, our client was facing up to 30 years of confinement and a Dishonorable Discharge. In addition to securing a favorable pre-trial agreement, we were also able to convince our client’s command to release him from confinement early. RESULT: Our client served only 29 days in jail and received an HONORABLE separation from the U.S. Navy.

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. 

Air Force E-5 Acquitted of Larceny Charges

Air Force E-5 performed two successive “Do It Yourself” (DITY) shipments during PCS moves from Hawaii to Florida and Florida to Alabama. In an effort to weigh down her shipment to obtain more money from the government, our client purchased and shipped over 7000 pounds of cat litter. Shortly after arriving in Alabama, our client returned the cat litter for a refund. All together, our client’s DITY moves earned her over $11,000. When confronted by OSI, our client fully admitted her actions, and provided a 9-page written confession. The government charged our client with larceny of military property, and referred the case to a General Court-Martial where she faced 10 years in jail and a Dishonorable Discharge. During a fully contested trial before officer members, we demonstrated that our client was under the mistaken belief that she was permitted to ship such a large amount of cat litter. Further, we challenged whether the Joint Federal Travel Regulations prohibited such a shipment. Result: The officer panel returned with a FULL ACQUITTAL for our client. 

Navy E-5 Retained Despite Admitted Drug Possession On Board His Ship

Navy E-5 was discovered in possession of 2 different types of steroids on board a deployed ship, and subsequently admitted to his drug possession. Pursuant to the Navy’s “Zero Tolerance” policy, his command sent his case to an administrative separation board, where he faced the possibility of being discharged with a characterization of Other Than Honorable (OTH). Client contacted our firm after speaking with another civilian lawyer, who declined to accept his case, stating that there was nothing he could do to help. After speaking with the client, we agreed to take his case. At his subsequent administrative separation board, we convinced the member panel to vote 3-0 in favor of retention. Because it was a “mandatory processing” drug case, the case needed approval from BUPERS for retention, which we sought and obtained. RESULT: After being advised by another civilian attorney that his case was hopeless, our client was RETAINED in the U.S. Navy.

Volatile Situation Involving Senior Officer Resolved Administratively

Army O-4 was investigated for disrespect, insubordination, and false imprisonment of a senior officer. The allegations stemmed from an extremely heated argument with his superior officer. The command was initially considering an Article 15 or court-martial, a referral OER, and had cancelled our client’s upcoming PCS and XO assignment. Upon retention, we assisted our client through all investigative steps and administrative responses. In doing so, we were able to successfully diffuse a very volatile situation, resolving the case with an administrative counseling. That administrative counseling was filed locally, and immediately shredded when we re-secured our client’s XO assignment and immediate PCS. Further, the senior officer who alleged the disrespect, insubordination, and false imprisonment became the subject of a separate investigation in light of our responses and presentation of evidence.

Navy E-4 Charged with Statutory Rape, Avoids Sex Offender Registration and Jail Time

Navy E-4 engaged in a 9-month sexual relationship with a 14-year old girl. This relationship included the girl taking numerous nude pictures of herself and sending them to our client, which constituted the possession of child pornography. Our client was charged with carnal knowledge, possession of child pornography, and sodomy with/on a child under the age of 16, and was facing the possibility of 50 years confinement and Dishonorable Discharge. Using evidence we developed through cross-examination of the witnesses at our client’s Article 32 hearing, we were able to convince the chain of command to handle our client’s case administratively, rather than at a General Court-Martial. Result: Our client did not serve a single day in jail, will not have a criminal record, will not receive a punitive discharge from the Navy, and will not have to register as a sex offender.

Board of Inquiry Voted 3-0 to Retain Navy O-2E Despite Pattern of Sexual Harassment

Navy O-2E engaged in a pattern of inappropriate behavior with subordinate female Sailors. This behavior included telling numerous females, both orally and by email, that they “looked hot,” and suggesting to another that the command should install a stripper pole in the work station for her to dance on. Client was counseled informally by a supervisor but his behavior persisted. After slapping a female in the buttocks, client received a formal Letter of Instruction from the CO. Only months after receiving the Letter of Instruction, client made inappropriate comments to another female Sailor about her sweater “hiding her assets” and slapped her on the buttocks with a clipboard. JAG Defense worked with client for a year to facilitate his counseling and rehabilitation, and represented client at his subsequent Board of Inquiry for sexual harassment. At his Board, we convinced the victim of his sexual harassment to testify on his behalf, and presented compelling evidence of his remorse, his rehabilitation, and his commitment to refrain from such behavior in the future. Result: The Board voted 3-0 to RETAIN our client in the U.S. Navy.

Army E-5 AWOL Charges Withdrawn and Dismissed, No Jail Time or Punitive Discharge

Army E-5 deserted on the eve of deployment and remained away for 3+ years. Upon his apprehension by civilian authorities, he was transported back to his prior duty station. His command preferred a General Court-Martial charge against him where he faced the possibility of 3 years confinement and a Dishonorable Discharge. JAG Defense worked with the Soldier over a period of months to ensure he received mental health counseling for his previously un-diagnosed PTSD, and prepared a compelling package in support of a request to resolve the situation administratively, rather than in a court-martial. Over the objection of the Soldier’s immediate chain of command, the convening authority agreed to WITHDRAW and DISMISS the court-martial charge against our client, and granted an administrative discharge instead. Result: Our client was able to return home with No Conviction, No Criminal Record, No Punitive Discharge, and No Confinement.

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