Army Officer Retained at Board of Inquiry

A Second Lieutenant in the Army National Guard tested positive for cocaine on a random urinalysis test.  At his subsequent Board of Inquiry, JAG Defense presented compelling evidence of his military character, numerous errors by the collection facility, and the possibility of an unknowing ingestion.  The officer panel voted 4-0 that there was insufficient evidence that our client had committed any misconduct, and RETAINED him in the Army National Guard. 

Category: Positive Urinalysis Success Stories

Proactive Urinalysis Defense Results in Withdrawal/Dismissal of Charges

USN E-5 tested positive on a command-sweep urinalysis for cocaine.  His command began preparations for Captain’s Mast and an Administrative Discharge Board.  Immediately after being retained, the attorneys of JAG Defense began a thorough investigation into the allegations of drug abuse.  In doing so, we identified a suspicious tea consumed by our client in the days leading up to the urinalysis collection.  We arranged to have the tea tested by a private laboratory, which confirmed the presence of coca leaf in the tea.  Armed with this scientific evidence, our attorneys prepared a comprehensive and compelling package detailing the findings of our investigation and provided it to the chain of command, to include the laboratory results, sworn affidavits of witnesses, and scientific articles about urinalysis testing following the ingestion of “coca tea.”  Result: Without even having to go to a discharge board hearing, the charges against our client with WITHDRAWN and DISMISSED.

Category: Positive Urinalysis Success Stories

Air Force E-4 Retained Despite Substandard Performance

Prior to JAG Defense involvement, Air Force E-5 was administratively reduced in paygrade to E-4 for substandard performance of duty, and immediately recommended for administrative discharge. Over the course of his 18 year career, our client had received numerous negative performance reports, been downgraded in his skill level assessment, been previously separated due to Reduction in Force, had failed to progress in multiple career fields, and had received numerous Letters of Counseling/Admonition/Reprimand. Client hired JAG Defense to represent him at his administrative separation board for substandard duty performance. At his board, we convinced the member panel to vote 3-0 for Probation and Rehabilitation for our Client. Despite that recommendation from the Board, Client’s chain of command opted to deny Client the opportunity for Probation and Rehabilitation, and continued to pursue discharge. JAG Defense continued to work with Client to fight the discharge, to include having him assessed for ADHD (where he was prescribed much-needed medication), and transferred to a new unit for a fresh appraisal of his duty performance. We solicited duty performance endorsements from his new chain of command, obtained evaluations from medical providers for his ADHD, and fought the discharge all the way to the Office of the Secretary of the Air Force. RESULT: Despite strong recommendations for discharge from the Wing, NAF, and MAJCOM levels, our client was RETAINED by the Office of the Secretary of the Air Force and will RETIRE from the USAF.

Category: Military Success Stories

Navy E-7 Charged with Child Molestation, No Misconduct Finding by Discharge Board

Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a “Civilian Conviction” under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy. 

Category: Military Success Stories

Navy E-5 Retained at Discharge Board for Disrespect to a Master Chief

A Navy E-5 was charged with disrespect to a Master Chief. Upon retaining our services, our client took our advice, refused Captain’s Mast and demanded a court-martial. Instead, his command initiated administrative discharge processing. At his subsequent administrative discharge board, we presented an overwhelming case in mitigation of our client’s actions. Result: Our client was RETAINED in the U.S. Navy. 

Category: Military Success Stories

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. 

Category: Military Success Stories

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.

Category: Military Success Stories, Positive Urinalysis Success Stories

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.

Category: Military Success Stories

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.

Category: Military Success Stories

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.

Category: Military Success Stories