Military Success Stories

• 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-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 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.
  
  
• Army E-5 deserted on the eve of deployment and remained away for 3+ years. Upon his apprehension by civilian authorities, he was transported back to his prior duty station. His command preferred a General Court-Martial charge against him where he faced the possibility of 3 years confinement and a Dishonorable Discharge. JAG Defense worked with the Soldier over a period of months to ensure he received mental health counseling for his previously un-diagnosed PTSD, and prepared a compelling package in support of a request to resolve the situation administratively, rather than in a court-martial. Over the objection of the Soldier's immediate chain of command, the convening authority agreed to WITHDRAW and DISMISS the court-martial charge against our client, and granted an administrative discharge instead. Result: Our client was able to return home with No Conviction, No Criminal Record, No Punitive Discharge, and No Confinement.
  
  
• 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.
  
  
• Navy E-4 engaged in a 9-month sexual relationship with a 14-year old girl. This relationship included the girl taking numerous nude pictures of herself and sending them to our client, which constituted the possession of child pornography. Our client was charged with carnal knowledge, possession of child pornography, and sodomy with/on a child under the age of 16, and was facing the possibility of 50 years confinement and Dishonorable Discharge. Using evidence we developed through cross-examination of the witnesses at our client's Article 32 hearing, we were able to convince the chain of command to handle our client's case administratively, rather than at a General Court-Martial. Result: Our client did not serve a single day in jail, will not have a criminal record, will not receive a punitive discharge from the Navy, and will not have to register as a sex offender.



• 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.
  
  
• 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.
  
  
• 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.



• Coast Guard O-4 was competitively selected to attend a 2-year graduate degree program at a civilian university, fully funded by the Coast Guard. After less than a semester, our Client stopped attending all classes. His failure to attend class continued through the entire Spring semester before he was disenrolled from the program due to his failure to complete the required coursework. During this time, he continued to received full pay and benefits from the Coast Guard. At his subsequent General Court-Martial, our Client pleaded guilty to numerous violations of the UCMJ related to his failure to attend class for almost a year. Based upon our representation during the sentencing proceeding, however, our Client received only 60 days of confinement. More importantly, our client was RETAINED in the Coast Guard, and will continue his 14-year career towards retirement.



• Navy E-6 was court-martialed for severely beating his first wife in 2006 and his second wife in 2007. Based upon the charges, our client was facing up to 30 years of confinement and a Dishonorable Discharge. In addition to securing a favorable pre-trial agreement, we were also able to convince our client’s command to release him from confinement early. RESULT: Our client served only 29 days in jail and received an HONORABLE separation from the U.S. Navy.



• Air Force O-4 was charged with Indecent Acts with a Child, Conduct Unbecoming an Officer by engaging in sexual advances toward female subordinates, a variety of assaults and battery on junior enlisted personnel, and drunk and disorderly conduct. He pled guilty to Assault on a Child under Sixteen, several of the Assaults, and Conduct Prejudicial to Good Order and Discipline. He was only convicted of one assault to which he did not plead guilty. He was acquitted of all sexual offenses, thus avoiding sexual offender registration. In sentencing, the Government argued for Dismissal from the service and three years confinement. Our client was sentenced to only 45 days of confinement and forfeitures, and NO DISMISSAL.



• An Army Major with 15 years of active duty service engaged in repeated alcohol-related incidents over the course of 3 years. These incidents included allegations of passing out in an airport while TDY, verbally abusing a subordinate over the telephone, falling down stairs and injuring himself while TDY, and failing to report to the start of a course due to severe intoxication. At the Board of Inquiry, we successfully demonstrated that he did not qualify as an alcohol rehabilitation failure. Result: By a vote of 3-0, the member panel recommended RETENTION.



• 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.



• An Air Force doctor was charged with sexually assaulting 6 female patients during medical appointments. We highlighted numerous problems in the government's case, and successfully convinced the command to WITHDRAW AND DISMISS all sexual assault charges. Instead, our client pleaded guilty only to an orders violation for failing to wear gloves and have a chaperone during his physical examinations of his patients. Result: Our client avoided a sex offender registration and received a General (Under Honorable Conditions) separation from the Air Force.



• 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.



• Air Force E-7 was charged in 2004 with raping an Army E-3 while both were TDY to Germany. Due to our representation at his General Court-Martial, he was found NOT GUILTY of the charge against him (additional details below). In 2007, the same client was charged with indecently assaulting and attempting to commit forcible sodomy with an Air Force E-4 while TDY to Turkey. At his second General Court-Martial, the military judge permitted the previous alleged victim to testify again regarding the alleged rape from 2004. In addition, the military judge also permitted a former Air Force E-3 to testify that our client had indecently assaulted her in 1990 while TDY to Oman. Despite the apparent pattern of sexual assaults in TDY environments, we were still able to convince the officer member panel that our client was NOT GUILTY OF ALL CHARGES against him.



• Navy E-5 was charged with attacking 4 security personnel during an interrogation. At the time he retained our services, our client's command had referred his case to a Special Court-Martial, where he faced up to a year in jail, a federal criminal record, and a punitive discharge. After extensive negotiations with his command, we were able to secure a pre-trial agreement wherein our client's case was handled at a Summary Court-Martial, thereby avoiding a federal criminal record. As part of the pre-trial agreement, we also convinced the command to characterize our client's service as General (Under Honorable Conditions). Result: Our client avoided a criminal record, spent not a single day in confinement, and received a General (Under Honorable Conditions) administrative separation from the military.



• Coast Guard E-6 with over 20 years of military service was charged with 13 different specifications, including allegations of the theft of 29 different items from the Coast Guard. After an exhaustive investigation and extensive negotiations with the Coast Guard, we secured a pre-trial agreement wherein the government DISMISSED WITH PREJUDICE 8 of the charges, including 23 of the 29 stolen items. Result: Our client was only reduced one pay-grade and RETIRED from the U.S. Coast Guard.



• A Navy dentist was charged with drug distribution after she improperly prescribed medication to enlisted personnel in her work center. After retaining our services, we were able to secure a resolution to these charges that allowed her to maintain her license to practice dentistry and did not result in a criminal conviction. Instead, our client resigned from the Navy and is still able to practice dentistry as a civilian.



• Air Force E-3 was charged with the possession of child pornography on his computer. At his Article 32 hearing, our aggressive cross-examination of the OSI and Customs Agents demonstrated that both agencies engaged in an illegal search rather than a legal “inspection” as the government claimed. Result: The charges against our client were WITHDRAWN AND DISMISSED WITH PREJUDICE.



• 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.



• Army E-7 with 23 years of service was charged with entitlement fraud spanning two years in the hundreds of thousands of dollars. After a partial acquittal, the Government argued for two years confinement and a Bad Conduct Discharge. The sentence adjudged did not include any jail time or a punitive discharge. RESULT: Our client was able to RETIRE from the U.S. Army.



• A Navy Master Chief with over 26 years of military service was charged with an unprofessional relationship, sexual harassment, disrespect to a commissioned officer and wrongfully soliciting a subordinate Sailor for sexual intercourse. His command referred his case to a court-martial and our client was facing the possibility of a criminal record, confinement, and the loss of his retirement. After being retained, we conducted an exhaustive investigation into the command climate at our client’s Squadron that revealed a great deal of similar misconduct by other members of the Squadron. We were then able to negotiate an alternate disposition of the charges against our client. As a result of this alternate disposition, our client avoided a criminal record, avoided confinement, and was able to RETIRE as 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.



• Air Force E-4 was charged with the distribution and use of Ecstasy. The government’s case was largely based upon the testimony of a Confidential Informant. At our client’s court-martial, our aggressive cross-examination of the Confidential Informant highlighted the various motives and opportunities he had to lie regarding our client’s alleged misconduct. At the close of the government’s case, we elected not to present any evidence at all. Result: Despite the fact that he did not testify at his court-martial, our client was ACQUITTED of all charges against him.



• 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.



• A Navy Sailor was charged with assaulting a female Senior Chief with the intent to commit rape as she slept in Female CPO Berthing on their ship. Upon apprehension, the Sailor was immediately placed into pre-trial confinement where he remained until trial. After extensive pre-trial negotiations, we secured a pre-trial agreement wherein the Convening Authority agreed to dismiss the charge of assault with the intent to commit rape in return for a plea of guilty to a lesser included offense. At the court-martial, we argued that our client's time spent in pre-trial confinement was unusually harsh and warranted additional pre-trial confinement credit. The military judge agreed with us and awarded 2 for 1 credit for each day our client was confined prior to trial. As a result of the judge’s ruling, our client was released from confinement immediately following his court-martial.



• Air Force E-3 ran over and killed a retiree on Kadena AB and was charged with Negligent Homicide. After extensive pretrial negotiations, we convinced our client’s Commander to WITHDRAW AND DISMISS the charge. Instead, our client received only a Letter of Admonishment for “not driving carefully enough.”



• Air Force E-4 was charged with possession of child pornography and indecent acts with his 4-year old stepson. After securing a favorable pre-trial agreement on the child pornography charge, our client pleaded not guilty to the indecent acts. At his court-martial, we challenged the competency of the child as a witness and objected to his testimony. After repeated attempts by the government to establish the child’s ability to testify as a witness, the military judge sustained our objection and ruled that the child was not competent to testify. Result: Our client was found NOT GUILTY of the indecent acts charge.



• A 22-year Naval Officer was charged with attempted murder, reckless endangerment, and destruction of property. These charges were all the result of his admitted cutting of the emergency brake cable and rear brake line on an enlisted member's car. Despite extensive pretrial investigation and negotiations, our client’s command initially refused to withdraw the attempted murder charge. Ultimately, however, we negotiated a pre-trial agreement wherein the attempted murder, reckless endangerment and destruction of property charges were WITHDRAWN and DISMISSED WITH PREJUDICE. In exchange, our client pleaded guilty to a lesser offense of aggravated assault. At the sentencing hearing, the prosecutor requested that the judge impose the maximum punishment allowed under the law – confinement for three years and a Dismissal. We presented an extensive sentencing case for our client that led to the imposition of only three (3) months of confinement, forfeitures of pay, and a reprimand. In addition, our client was not Dismissed at his court-martial and subsequently was able to RETIRE from the U.S. Navy.



• Air Force E-3 was charged with raping and engaging in indecent acts with a 15-year old girl. At his General Court-Martial, our aggressive cross-examination of the alleged victim established countless inconsistencies in her version of what occurred. Further, we presented evidence of our client’s innocent state of mind following the night that the misconduct allegedly occurred. Result: Without even having to testify, our client was ACQUITTED of all charges against him.



• Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him.



• After a night of drinking, an Air Force E-3 stabbed another Airman. At his subsequent court-martial for Aggravated Assault and Underage Drinking, we were able to develop evidence that our client, an Airman small in stature, was under a threat of physical attack from a much larger individual who was substantially intoxicated at the time. We also presented evidence that the alleged victim had a well-known reputation for being a “violent” and “angry” drunk, and had previously assaulted our client. Result: Based upon our overwhelming evidence of self-defense, our client was ACQUITTED of Aggravated Assault. Furthermore, we were subsequently able to convince the Convening Authority in clemency to SET ASIDE our client’s conviction for Underage Drinking.



• Our client was an Air Force E-3 who was riding on his motorcycle with a friend when they were involved in a horrific crash. Regrettably, our client’s friend was killed due to injuries sustained in the accident. As a result of his death, the Air Force charged our client with Involuntary Manslaughter and referred the case to a General Court-Martial. At the court-martial, we successfully suppressed the blood-alcohol tests performed on our client on the night of the accident, resulting in a finding of NOT GUILTY on the charge of Involuntary Manslaughter. Instead, our client was convicted of only Negligent Homicide. In addition, in light of the extremely sympathetic sentencing case we presented, which included the testimony of the victim’s mother and brother in his support, our client was RETAINED at his court-martial.