Military Success Stories

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

Homosexual Sexual Assault Charges Withdrawn and Dismissed for Coast Guard E-6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

Court-Martial Charge Withdrawn and Dismissed for Navy E-6

Navy E-6 was charged with BAH fraud totaling approximately $76,000. Client was pending a General Court-Martial when he retained our services, where he faced the possibility of 10 years of confinement and a Dishonorable Discharge. We were able to convince his command that our client’s receipt of excess BAH was the result of an administrative oversight, rather than any criminal intent. Further, we were able to reduce the overpayment from $76,000 to approximately $8,000. In exchange for restitution from our client for the significantly reduced amount, the command WITHDREW and DISMISSED the court-martial charge against our client, and our client voluntarily separated from the Navy with an HONORABLE characterization of service.

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.

Navy E-7 Court-Martial Charges Withdrawn, Honorably Retired

Navy E-7 held his official retirement ceremony, including a program listing the awards and decorations he earned during his 22 year career. While he was on terminal leave, his command grew suspicious of some of his awards, and launched an investigation into whether he actually earned the awards. Our client was pulled off terminal leave to face court-martial charges that he was wearing awards to which he was not entitled, including 2 Navy Achievement Medals, 2 Expert Marksmanship Awards, an Outstanding Volunteer Service Medal, an Expeditionary Warfare Device, a SeaBee Combat Warfare insignia, a Navy Parachutist Badge, a Fleet Marine Force Ribbon, and a Combat Action Ribbon. Ultimately, the command charged our client with the unlawful wearing of these awards and false official statement for including them in his retirement program. Our client faced up to a year in jail, a federal criminal record, a punitive discharge, reduction to E-1, and the loss of his entire Navy retirement. After an exhaustive investigation, the military lawyers at JAG Defense were able to demonstrate to the chain of command that our client’s official service record was not accurate, and that our client was entitled to wear all questioned awards except the Navy Parachutist badge and the Fleet Marine Force Ribbon. We further negotiated an alternate disposition in the case with regard to the Parachutist badge and Fleet Marine Force Ribbon that avoided a court-martial for our client. Result: No confinement, no reduction in paygrade, no punitive discharge, no criminal record, and our client was able to HONORABLY RETIRE from the U.S. Navy.

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.

Navy E-7 Successfully Defended by JAG Defense in Aggravated Sexual Assault Trial

Navy E-7 was charged with Aggravated Sexual Assault and Fraternization following a night of partying with his female Division Officer and other junior Sailors. His Division Officer alleged that he sexually assaulted her while she was substantially incapacitated due to intoxication. The government secured the services of a forensic psychiatrist who assessed the alleged victim and was prepared to testify that her memory of the alleged sexual assault was credible and that she was incapable of consenting to the sexual acts that she alleged had occurred. The attorneys at JAG Defense litigated a motion to prevent the government’s expert witness from being permitted to offer such testimony, which was granted by the military judge. At trial, our cross-examination of the alleged victim highlighted the various inconsistencies in her story, as well as a significant motive to fabricate her allegations against our client. Result: The Officer and Enlisted Member Panel found our client NOT GUILTY of Aggravated Sexual Assault. Our client was convicted only of Fraternization, and received No Confinement, No Punitive Discharge, and No Sex Offender Registration

JAG Defense Defends Navy JAG in Professional Responsibility Complaint

A Navy JAG was issued a Professional Responsibility Complaint alleging approximately 92 different violations of ethical standards and proposing decertification of the client as a Judge Advocate. Client was serving as the Trial Counsel in a complex, high-visibility case. After the Convening Authority approved a Pretrial Agreement – the terms of which our client strongly and vocally opposed – a public outcry resulted. As a result of the public outcry, a JAG Manual investigation was initiated. The Attorneys at JAG Defense worked with the client to fight the allegations, ultimately submitting a 58-page summary of the case proceedings, a 30-page detailed point-by-point rebuttal, a 19-page response to additional information, and hundreds of supporting documents to the Rules Counsel challenging the allegations levied against the client. After a review of the response, the Rules Counsel issued a written decision concluding that insufficient evidence existed to support the allegations against the client to warrant further processing, concluding with only a written counseling, and a determination that no further action be taken against our client.

Charges Dismissed in Army E-4 Child Pornography Case

Army E-4 was charged with possession of child pornography and was facing the possibility of 10 years confinement, a dishonorable discharge, and a sex offender registration. At his Article 32 hearing, our knowledgeable cross-examination of the government’s forensic computer expert highlighted the government’s inability to prove that our client ever viewed the files of child pornography that were found on his computer. As a result, the government WITHDREW AND DISMISSED the charge against our client. 

Discharged Navy E-5 Receives Retirement Benefits after Application to BCNR

Prior to JAG Defense representation, a Navy E-5 was discharged for misconduct, commission of a serious offense and sexual harassment after 18 years but less than 20 years of service qualifying for retirement. Client hired JAG Defense to assist him in attempting to obtain retirement benefits despite his discharge. JAG Defense prepared application to BCNR, who granted relief giving client credit for remaining time to reach 20 years of service, to include back pay for 2 years of active duty, and retirement pay effective from the date client would have reached 20 years of service. Client will now receive full retirement benefits for life.

O-5 Commanding Officer Retained in Navy By O-6 Member Panel

Navy O-5 Commanding Officer was relieved from command due to allegations of sexual harassment and conduct unbecoming an officer. At his Board of Inquiry, JAG Defense demonstrated that the allegations against our client had been greatly exaggerated by his accusers, and that the investigation into his alleged behavior was rushed, one-sided, and incomplete. JAG Defense also presented compelling evidence of our client’s otherwise exceptional 22+ year Naval career. Result: The O-6 member panel voted 3-0 to RETAIN our client in the U.S. Navy. 

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