E-7 Retained Despite ADAPT Failure

An Air Force E-7 self-referred to ADAPT for alcohol abuse and entered treatment. Over the course of almost a year, our client attended multiple detox clinics, in-patient rehabilitation centers, and out-patient treatment programs.  Despite these ADAPT efforts, our client relapsed repeatedly (7x) during his treatment plan and was deemed an “ADAPT treatment failure.” Our client’s chain of command initiated administrative separations proceedings against him.  At his subsequent administrative separation board, we presented compelling evidence of his continued efforts to maintain sobriety, significant underlying mental health issues that led to his use of alcohol, and his overall exceptional military career. Result: The administrative separation board voted to RETAIN our client in the Air Force.

Category: Military Success Stories

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Fraud Charges Dropped Against AF Officer

Air Force O-5 stationed at Ramstein AB, Germany came under investigation by the Munich Customs Investigations Office for Value Added Tax fraud.  The allegations spanned a period of over four years and a total alleged fraud of approximately $25,000.  Based on the German investigation, the officer was also facing charges with the Air Force.  We worked quickly with the client to put together a comprehensive, well-supported package demonstrating that no fraud had occurred.  Following our submission, the Air Force dropped all charges against our client.  Our client was subsequently able to use the package to fight the recoupment efforts made against him by the German government.

Category: Military Success Stories

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TSgt Cleared Despite Two Positive Urinalysis Tests

USAF TSgt tested positive for marijuana on a medical drug screen.  Using that test result as the basis for probable cause, his command ordered him to provide another urinalysis sample 3-4 weeks later.  That sample also tested positive for marijuana.  Since the tests were so far apart, they were definitively NOT the result of a single exposure to marijuana.  Based on these test results, the command initiated administrative separation.  At his board hearing, we presented evidence that our client had been unknowingly consuming THC-infused vodka at or near the time of both urinalysis tests.  We presented expert testimony from a forensic toxicologist who confirmed that our client’s nanogram levels were consistent with consuming this laced vodka, perhaps without even feeling any marijuana-related effects.  We further presented compelling evidence of our client’s otherwise exceptional career and character.  Result: The board members unanimously voted that our client had committed No Misconduct and Retained him in the Air Force.

Category: Positive Urinalysis Success Stories

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Air Force Officer Cleared of BAH Fraud

Air Force O-4 was accused of stealing Basic Allowance for Housing (BAH) and travel voucher entitlements totaling approximately $40,000. He was also charged with making five (5) false official statements as part of his alleged scheme. The allegations were based on his dependents’ BAH locations during an unaccompanied tour he took to Al Udeid AB, Qatar. Our client received BAH for NY for the entire year, despite the fact that his dependents primarily resided in OH and PA. At his court-martial, our cross-examination of the government’s finance witnesses using little-known provisions of the Joint Federal Travel Regulation established significant doubt/confusion regarding whether our client was entitled to NY BAH or not. Further, we presented significant evidence to demonstrate that our client lacked the specific intent to commit the offenses charged against him. RESULT: The officer panel found our client NOT GUILTY of all charges against him.

Category: Military Success Stories

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Air Force SNCO Found Not Guilty of $306,000 BAH Fraud

Air Force E-8 stationed in Hawaii set up dual BAH entitlement for New York. Four years later, the government discovered that her spouse was actually living and working in Hawaii, and had actually joined the Hawaii Air National Guard. DFAS identified her case as “tainted claim,” and began garnishing her wages for $306,000 recoupment. Her case was referred to a General Court-Martial for larceny, where she faced up to 10 years in jail, a Dishonorable Discharge, and the loss of her military retirement. At trial before officer members, JAG Defense highlighted the government’s inability to prove that our client understood the requirements for dual BAH under the Joint Travel Regulation, and presented an affirmative defense of Mistake of Fact. Result: The member panel found our client NOT GUILTY of larceny.

Category: Military Success Stories

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TSgt Acquitted After Two Positive Military Urinalysis Tests

Air Force E-6 tested positive for D-Amphetamines on a military urinalysis test.  When he was pulled in for questioning by OSI, he was ordered to provide another urinalysis sample.  This second sample also tested positive for D-Amphetamine.  Based on the nanogram levels and time between urinalysis collections, the two tests were clearly the result of two separate ingestions of D-Amphetamine.  At his subsequent court-martial, we were able to demonstrate that our client had unknowingly ingested his wife’s Adderall prescription on numerous occasions.  Our cross examination of the government’s forensic toxicologist led to her conceding the scientific plausibility of this explanation, based both on the nanogram levels of each sample, as well as the ration of D-Amphetamine to L-Amphetamine in the urinalysis collections.  Result: The member panel found our client NOT GUILTY.

Category: Positive Urinalysis Success Stories

Rape Charges Against Air Force E-4 Withdrawn and Dismissed

Our client was charged with raping/sexually assaulting his wife.  Immediately following the alleged incident, our client’s wife went to the hospital where medical personnel treated her for an injury in her vaginal area.  In addition, our client allegedly made statements admitting that he raped his wife to his best friend and to a marital counselor.  JAG Defense was retained after the Article 32 hearing and after charges had been referred to trial by General Court-Martial.  Our investigation identified numerous inconsistent statements by our client’s ex-wife, as well as multiple motives to fabricate her allegations, to include adulterous relationships and her identity theft/credit card fraud using our client’s identity.  Armed with this information, we were able to negotiate an alternate disposition on behalf of our client, which included the government’s agreement to WITHDRAW and DISMISS all charges against our client – No Conviction, No Sex Offender Registration, No Confinement, and No Punitive Discharge.  Further, we were able to negotiate a General (Under Honorable Conditions) characterization for our client, which guarantees his continued eligibility for Veterans’ Benefits.

Category: Military Success Stories

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Rape Charges Against Air Force Officer Withdrawn/Dismissed

Air Force O-3 was accused of breaking into a female officer’s house and raping her.  At the ensuing Article 32 hearing, we aggressively cross-examined the alleged victim, highlighting many aspects of her testimony that impeached her credibility, including (a) her multiple motives to fabricate, (b) numerous inconsistent statements, and (c) the sheer incredibility of her story.  Further, we presented the eyewitness testimony of the alleged victim’s roommate, who testified that the alleged victim was actually on top of our client during the sexual intercourse.  Despite the significant problems with the government’s case that we exposed, the Convening Authority still referred the charges to a general court-martial, where our client faced the possibility of life in prison, a dismissal from the Air Force, a federal conviction, and a lifetime sex offender registration.  Prior to trial, JAG Defense negotiated an alternate disposition on behalf of our client, which resulted in administrative action for Unlawful Entry and Conduct Unbecoming an Officer and Gentleman.  Against the advice of his Staff Judge Advocate, the Convening Authority accepted our proposed resolution of the case.  Result: All court-martial charges WITHDRAWN AND DISMISSED WITH PREJUDICE.  No confinement, no conviction, no dismissal from the Air Force, and no sex offender registration.

Category: Military Success Stories

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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

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Air Force E-3 Acquitted in Cocaine Urinalysis Case

Air Force E-3 tested positive on a random urinalysis for cocaine. We focused our entire case on the possibility of an unknowing ingestion due to our client’s low nanogram level. At the conclusion of the case and while the members were deliberating, the military judge checked out of billeting, anticipating an acquittal after hearing our closing argument. Result: After only deliberating for only 32 minutes, the officer panel ACQUITTED our client of the charge against her. 

Category: Positive Urinalysis Success Stories

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