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

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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

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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

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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.

Category: Military Success Stories

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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. 

Category: Military Success Stories

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