Case Results

A Navy Second Class was implicated in an undercover drug operation which involved allegations of distribution of marijuana, introduction of marijuana on a Naval installation, and distribution of one joint. Although the case was initially headed to a General Courts-Martial, we were able to negotiate a deal for referral to a Special Courts-Martial, with dismissal of all charges except distribution. Our pre-trial agreement provided for a confinement cap of 90 days, but at trial we were able to secure a sentence involving reduction in pay grade, with NO CONFINEMENT and NO PUNITIVE DISCHARGE.

Army Warrant Officer was charged with AWOL, as well as use of drugs. We submitted a request for discharge in lieu of Courts-Martial, however the command refused to accept that and referred the charges to a General Courts-Martial. On the first day of trial we were able to secure a delay due to some procedural problems with the charges, at which time we then resubmitted the request for discharge in lieu of trial and were able to get it approved.

A senior Air Force officer who was a department head was charged with use of a controlled substance. Our client was offered NJP, however upon our advice, he refused to accept NJP and demanded Courts-Martial. The charge was WITHDRAWN one week prior to the Art. 32 Investigation.

Navy nursing officer with over 20 years in service was charged with numerous offenses alleging theft and use of controlled drugs while deployed on a ship, as well as while employed part time at a civilian hospital. Prior to the Courts-Martial, civilian authorities then charged our client with multiple felony counts of prescription fraud. Tasked by our client to do all we could do to save his career and retirement, we were able to do so by negotiating a PTA that protected him against dismissal, and thereafter secured a sentence that did not include a dismissal. We were also able to secure a WITHDRAWAL of all civilian charges.

Active Duty O-5, U.S. Navy/Medical Corps, required to show cause for retention before a Board of Inquiry for misconduct (wrongful use of a controlled substance – cocaine), and substandard performance of duty. Our representation resulted in the Board of Inquiry finding 3-0 NO MISCONDUCT, and no substandard performance of duty — officer RETAINED.

Navy SEAL with excellent service record admitted wrongful use of cocaine. Realizing his career with the special warfare community was over due to the drug use, the focus at that point was to secure the best characterization of service upon discharge. At the administrative separation board, the government counsel argued that he should receive a General under Honorable condition discharge characterization and firmly took the position that an Honorable discharge was not appropriate due to the drug use. After presentation of our case, including not only presenting his outstanding service record, but also four character witnesses, the board voted 3-0 to grant him an HONORABLE discharge

An Air Force E-6 with 19 ½ years of service retained us to represent her for a positive urinalysis. The military attorney had recommended our client accept NJP. We advised our client to refuse NJP and demand Courts-Martial, which she did. At trial, we secured an ACQUITTAL without putting on any evidence, relying upon significant irregularities we were able to establish existed at the Air Force drug-testing lab.

Navy E-7 with over 19 years of service came up positive on a urinalysis and ADMITTED USE OF THE DRUG. At the separation board, a 2-1 vote resulted in a recommendation that our client be discharged. We continued in our efforts to get this Chief retired. Although we were able to secure a recommendation from the Commanding Office that our client should be allowed to retire, PERS refused to do so and the Assistant Sectary of Navy ordered our client to be discharged. Again we could have stopped there – but did not do so. Through our cumulative efforts to delay the processing of the case, we were able to limp our client over the 20 year mark so that our client was able to RETIRE from the Navy.