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.

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.

Air Force E-4 was charged with four specifications of theft of Government property, primarily building materials and tools worth thousands of dollars. In a trial by general court-martial, the accused was acquitted of all thefts, with the exception of three small items. The conviction was ultimately set aside and an Article 15 action substituted, thus salvaging the Senior Airman’s career. 

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.