Navy Officer Retained at Board of Inquiry
A Navy Surface Warfare Officer faced UCMJ allegations of fraternization and false official statements. Attorney Robert Canoy first persuaded Navy Personnel Command to grant an O-2 probationary officer a Board of Inquiry, despite long-standing policy that probationary officers are not entitled to a BOI.
With a robust written submission package, supporting documentation, and full legal analysis, Navy Personnel Command agreed to convene a BOI. Attorney Canoy then presented a focused defense that undercut the misconduct allegations.
The Board unanimously voted 3-0 to retain the officer. That binding decision allowed the officer to continue serving and proceed to immediate promotion to O-3.
Air Force Officer: Strangulation Charges Dismissed With Prejudice
An Air Force Officer faced felony charges of strangulation, abduction, and domestic assault arising from an incident involving their spouse during divorce proceedings. Charges were pursued despite a significant delay in reporting.
Attorney Robert Canoy navigated multiple contested legal issues, including an uncooperative witness, a key witness invoking Fifth Amendment protections, efforts to introduce inadmissible hearsay, attempts to violate the Sixth Amendment Confrontation Clause, and attempts to introduce injury photographs without proper evidentiary foundation.
The Court sustained the Defense’s arguments and granted a Defense motion to dismiss the charges with prejudice.
Army Drug Use & Distribution Board: Soldier Retained
An E-6 Army Staff Sergeant faced involuntary administrative separation, with the command recommending an Other Than Honorable (OTH) characterization of service. The government alleged wrongful cocaine use and attempted distribution of controlled substances.
Attorney Robert Canoy represented the soldier against an unusually aggressive approach by two judge advocates, including attempts to misstate what the government was required to prove. This required immediate and assertive countermeasures.
After presentation of defense evidence, it became clear the government’s theory was flawed. Despite continued argument for separation with an OTH, the board voted 3-0 to retain the soldier. That decision was binding under the circumstances of the case.
No Basis / No Misconduct
An E-6 Navy Petty Officer with 12 years of service faced involuntary administrative separation, with the command recommending an Other Than Honorable (OTH) discharge. The government alleged a violation of Article 112a, UCMJ, based on THC use.
Attorney Robert Canoy conducted a precise cross-examination of government witnesses and exposed significant gaps in the government’s case. After defense evidence was presented, the government still argued that misconduct had been proven and requested separation with an OTH.
Following closing argument, the Board returned a 3-0 finding that no UCMJ violation occurred. Because the result is binding, the sailor remained in the Navy.
Not Guilty: Article 133 (Conduct Unbecoming)
Attorney Robert Canoy represented a Navy LCDR (O-4) with 19 years of service charged with conduct unbecoming an officer under Article 133, UCMJ. The allegation involved a social media post containing profane language and raised middle fingers.
Because no specific UCMJ article directly criminalized the conduct, the government used a novel charging theory that raised serious constitutional concerns involving First Amendment protections and due process notice of criminality. Defense motions to dismiss were denied, and the case proceeded to trial.
At trial, Mr. Canoy cross-examined government witnesses and used the military rules of evidence to exclude significant portions of the prosecution’s evidence. After closing arguments, the panel quickly deliberated and fully acquitted the client.
Reckless Driving Charge Dismissed
Attorney Robert Canoy represented a junior service member in Virginia Beach General District Court facing reckless driving (30 MPH+ over the speed limit), a Class 1 misdemeanor, and an additional citation for driving an unlicensed vehicle. Due to the speed, location, and the client’s prior record, jail time and a permanent criminal record were realistic risks.
After extensive pre-trial preparation, the Court dismissed both charges in full, avoiding even a reduced traffic infraction.
Reduced Charge of Manslaughter
A Navy sailor was convicted of voluntary manslaughter by local authorities for the shooting death of his best friend. After completing the state sentence, the Navy charged him with murder and obstruction of justice, and he retained our firm for representation at a General Court-Martial.
The case involved firearms handling, alcohol, and a shooting that occurred when the decedent asked the client—who was playing a video game—to look at a pistol. While attempting to place the firearm into a safe mode with one hand, the weapon discharged and struck the decedent below the eye, resulting in immediate death. The client called 911 and, in panic, stated the decedent shot himself and placed the pistol in the decedent’s hand.
The prosecution pursued a murder conviction. Unable to secure a pretrial agreement, the case went to trial. Without putting the client on the witness stand, we secured an acquittal on the murder charge and a conviction on the lesser offense of manslaughter.
Not Guilty of Murder: Charge Reduced to Aggravated Assault
Two Navy enlisted members were charged with the premeditated murder of another sailor. We represented the service member who initiated the physical altercation and who, according to the evidence, kicked the victim in the face multiple times, with the kicking determined to be directly linked to the death.
After extensive jury selection and trial, we persuaded the jury to acquit on the murder charge. The case outcome resulted in a reduction to aggravated assault and an 18-month brig sentence. The co-defendant, represented by separate counsel, was convicted of murder by a different jury and sentenced to fifty (50) years.
Reduced to Voluntary Manslaughter: 268 Days of Confinement
A Navy Third Class was charged with premeditated murder in the beating death of his wife in Bermuda. Following the Article 32 investigation, we negotiated a plea to voluntary manslaughter and proceeded to an enlisted jury for sentencing.
The jury returned a sentence of 268 days of confinement, exactly matching the time already served in pretrial confinement.
Reduced Punishment: Case Referred to Special Court-Martial
A Navy E-7 faced charges under Article 80 and multiple Article 134 specifications involving alleged online solicitation-related offenses and child pornography allegations. The case was initially headed toward a General Court-Martial, with high exposure to a dishonorable discharge and lengthy confinement.
After our firm was retained, we negotiated a pre-trial agreement that resulted in referral to a Special Court-Martial and withdrawal of two Article 134 specifications. Although the military judge sentenced the client to a bad conduct discharge, 12 months of confinement, reduction to E-1, and a $10,000 fine, we later secured suspension of confinement in excess of six months. The client served only five months (less good time), and the fine was disapproved per the agreement. The client’s family was permitted to receive pay during confinement despite automatic forfeitures, and confinement was deferred until after the holidays.
Charges Dismissed at Captain’s Mast
A Navy Second Class faced Captain’s Mast and involuntary administrative separation following a positive random urinalysis. Because the client was attached to a Naval vessel, the client could not refuse NJP.
We made the strategic decision to aggressively contest the Captain’s Mast process. The client pled not guilty, and the Commanding Officer found the client not guilty and dismissed the Article 15—an uncommon result given the lower burden of proof at Mast. We also secured a finding of “No Drug Incident,” ending what would otherwise have been mandatory administrative separation processing.
Retained at Administrative Separation Board
An E-7 Navy SEAL with 13 years of service faced involuntary administrative separation and the possibility of an Other Than Honorable (OTH) discharge. A combat veteran, the client would otherwise have been eligible for medical separation but for the misconduct allegation.
At the Administrative Separation Board, the government argued for discharge with an OTH. The Board voted 3-0 to retain the client.
Criminal Prosecution Avoided During NCIS Investigation
A Navy E-4 retained McCormack & McCormack after learning they were under NCIS investigation. Early representation helped the client avoid common pitfalls that can allow the government to build a case.
Ultimately, no criminal charges were filed in connection with what could have been a serious felony-level matter.
Not Guilty: Attempted Murder and Aggravated Assault
An Army E-6 was accused of repeatedly stabbing her husband. At trial before enlisted members in Korea, the accused was found not guilty of attempted premeditated murder and aggravated assault.
Withdrawal of Homicide Charge
A junior Naval enlisted member was charged with homicide in civilian court related to the death of a young sailor during a party where LSD had been ingested by some participants. Prosecutors alleged the client and others caused the death by restraining the victim for extended periods with a pillow over his face.
After an extended preliminary hearing, we secured a withdrawal of the charge.
Sentence Set Aside on Appeal
A Marine E-3 pled guilty to involuntary manslaughter, disobedience of a lawful order, drunk driving, and three counts of aggravated assault arising from an automobile accident that caused a fatality. The Marine had signed a pretrial agreement that did not provide meaningful protection regarding sentencing.
After a sentence of 15 years of confinement (reduced to 13 years), the family retained our firm for appeal. We argued multiple appellate errors, including the government’s breach of obligations under the pretrial agreement. The appellate court ruled in our favor, set aside the sentence, and remanded the case for a new sentencing hearing.
Honorable Discharge (NJP Resolution)
A Navy SEAL faced charges related to detainee abuse. On the day before the Article 32 investigation, we secured an agreement to resolve the matter at non-judicial punishment, with the command agreeing the client would not be administratively separated. The client was permitted to complete the term of service and received an honorable discharge.
Dismissed Following Deferred Finding
A junior Navy enlisted client was charged with assault and battery of an 8-year-old stepchild. The client admitted spanking the child with a hand and belt.
We argued for a deferred finding based on the client’s clean record and lack of intent to injure. Despite the prosecution’s opposition, the court deferred the finding. If the client complied with all requirements and remained on good behavior during the deferral period, the matter would be dismissed.
Dismissed: Domestic Assault Charge
A Navy enlisted client was charged with domestic assault after an argument with his wife. At trial, the wife admitted to poking her husband in the forehead. The client testified she jabbed him in the forehead and chest. After hearing the evidence, the judge dismissed the charge.
General Discharge Under Honorable Conditions
A Navy E-1 confessed to setting five fires on board a Naval warship. We secured a plea agreement that merged the offenses into a single charge and resulted in a sentence of four months of confinement with no punitive discharge.
Although the client faced the risk of an Other Than Honorable discharge, the client ultimately separated with a General Discharge under Honorable Conditions.
Withdrawn and Dismissed With Prejudice
An Air Force doctor faced allegations including dereliction of duty and multiple indecent assault specifications involving patients. After extensive cross-examination at the Article 32 hearing, the Investigating Officer recommended dismissal of all indecent assault charges. The recommendation was ignored and the charges were referred to a General Court-Martial with significant confinement exposure.
Prior to trial, we negotiated a pre-trial agreement resulting in the indecent assault charges being withdrawn and dismissed with prejudice.
Not Guilty: Navy SEAL Detainee Abuse Case
Greg McCormack represented Petty Officer Jonathan Keefe, one of three Navy SEALs charged in connection with alleged detainee abuse involving a high-profile detainee. PO Keefe faced allegations including failure to safeguard the detainee and false official statement.
When the government refused to produce the detainee, the court ordered the trial to be held in Baghdad. The defense successfully moved to suppress the NCIS statement underlying the false official statement charge, resulting in withdrawal of that charge.
At trial before a military judge alone in Baghdad, PO Keefe was found not guilty.
Not Guilty: Assault and Drunk/Disorderly Charges
A Navy Master Chief (E-9) with 23 years of service faced an Article 32 involving multiple specifications of assault/battery and drunk and disorderly conduct. After referral to a Special Court-Martial, the prosecution presented a medical report, an argument recording, and testimony from additional witnesses.
Through cross-examination, we undermined the medical evidence and credibility of the supporting witnesses, and argued the recording was effectively a setup that did not prove an assault occurred. After deliberation, the members returned not guilty findings on all charges.
Obtained General Discharge (Avoided OTH)
A frocked Navy E-4 had a difficult background and multiple early-career issues. After a later positive cocaine urinalysis, the client faced administrative separation and initially waived the Administrative Discharge Board. After we were retained, we obtained a new ADB hearing, avoided an Other Than Honorable discharge, and secured a General Discharge.
Charges Withdrawn; No Misconduct Found
A Navy Third Class Air Traffic Controller was charged with marijuana distribution based on an undercover NCIS investigation and fingerprint evidence. We secured a withdrawal of court-martial charges.
When the matter proceeded to an Administrative Separation Board, we secured a finding of no misconduct.
No Confinement and No Punitive Discharge
A Navy Second Class was implicated in an undercover drug operation involving marijuana distribution allegations. The case was initially headed toward a General Court-Martial. We negotiated referral to a Special Court-Martial and dismissal of all charges except distribution, with a confinement cap of 90 days.
At trial, we secured a sentence of reduction in paygrade with no confinement and no punitive discharge.
Acquitted: Air Force Drug Charge
An Air Force E-5 faced a General Court-Martial for cocaine use, and the government later preferred an additional BAH fraud charge. After the Article 32, we secured withdrawal of the fraud charge. At trial on the drug charge, the client was acquitted without presenting any defense evidence.
No Misconduct Finding (Reservist Overseas)
A Naval reservist on annual training overseas was questioned about time spent with a foreign national. The reservist admitted being present while the individual smoked marijuana but denied drug use. A urine sample tested positive for cocaine. The reservist went to Mast, was reduced in rank, and was referred to an Administrative Separation Board.
At the Board, we secured a no misconduct finding.
Discharged In Lieu of Drug Charges
An Army Warrant Officer faced AWOL and drug use charges. A request for discharge in lieu of court-martial was initially denied and the case was referred to a General Court-Martial. On the first day of trial, we obtained a delay due to procedural issues and resubmitted the discharge request, which was approved.
Charges Withdrawn (Officer Case)
A senior Air Force officer offered NJP refused and demanded court-martial. One week prior to the Article 32 investigation, the charge was withdrawn.
Charges Dismissed (State Prescription Fraud Matter)
An Air Force officer faced three felony charges in state court related to prescription fraud. We secured withdrawal of two charges in separate jurisdictions and negotiated a reduction of the remaining charge to a misdemeanor after one year of probation. After one year, we returned to court and obtained dismissal over the prosecutor’s objection. The client’s military records were not affected and the client was recommended for promotion.
No Misconduct and Service Retained (Board of Inquiry)
An Active Duty Navy Medical Corps O-5 was required to show cause for retention due to allegations of wrongful cocaine use and substandard performance.
At the Board of Inquiry, the panel voted 3-0 for no misconduct and no substandard performance, and the officer was retained.
No Misconduct Finding After NJP (Navy SEAL)
A Navy SEAL accepted NJP for wrongful use of prescription drugs and was referred to an Administrative Separation Board. The client passed a polygraph regarding unknowing ingestion, but the command proceeded.
At the separation board, we secured a 3-0 finding of no misconduct.
Honorable Discharge Granted
A Navy SEAL admitted wrongful cocaine use, and the focus shifted to securing the best characterization of service. At the Administrative Separation Board, government counsel argued against an honorable characterization. After presentation of the defense case and multiple character witnesses, the board voted 3-0 to grant an honorable discharge.
Acquittal: Lab Irregularities
An Air Force E-6 with 19.5 years of service was advised by military counsel to accept NJP for a positive urinalysis. We advised refusing NJP and demanding court-martial. At trial, we secured an acquittal without presenting defense evidence, relying on irregularities in drug-testing lab procedures.
Career Retained; Misconduct Finding Set Aside
A Navy First Class faced a positive urinalysis allegation. After the command withdrew charges and sent the case to an Administrative Separation Board, we established clear violations of collection regulations. The board still found misconduct and recommended a General Discharge.
Immediately after the board, we filed complaints with multiple Naval agencies. Several days before the discharge date, Navy Personnel Command ordered the service member retained and the misconduct finding set aside due to the irregularities established.
Record Cleared (BCMR Reversal)
A Navy SEAL First Class was charged with a positive urinalysis. After the separation board recommended separation, we petitioned the Board for Correction of Military Records. After extended litigation, the BCMR reversed the misconduct finding.
The Navy credited the sailor for pay purposes for time since discharge, retained the sailor with full retirement pay and benefits, and cleared the record of references to alleged drug use.
Charges Withdrawn (UIF / LOR Rescinded)
An Air Force E-6 with over 18 years of service allegedly tested positive for marijuana while admitted to a civilian hospital. The command issued a Letter of Reprimand, established an Unfavorable Information File, and initiated separation processing.
We convinced the command the urinalysis was unreliable, the LOR and UIF should be rescinded, and separation processing should cease.
Not Guilty: Marine Officer Urinalysis Case
A Marine officer with 22 years of service faced court-martial for a positive urinalysis. The panel found the officer not guilty.
No Misconduct: National Guard Officer
A Nevada National Guard officer tested positive for cocaine. After an extended hearing showing grossly irregular collection procedures, the board found the officer did not commit misconduct.
Acquitted: Navy E-7 Cocaine Charge
A Navy E-7 with over 20 years of service faced court-martial for alleged cocaine use. The client was acquitted.
Not Guilty: Check-In Urinalysis
A Navy Lieutenant JG (registered nurse) tested positive for marijuana on a check-in urinalysis after reporting to a first command. An officer jury found the client not guilty.
Did Not Commit Misconduct
A Navy E-7 tested positive for cocaine. Due to case issues and service record considerations, it was recommended the matter return to Mast. After Mast, the matter proceeded to an Administrative Separation Board. After two panels were disqualified, a third panel ultimately found the client did not commit misconduct.
Two Time Failure: No Misconduct
A Navy E-4 was acquitted by officer jury of a cocaine urinalysis charge. Approximately eighteen months later, the client tested positive again. After refusal of Mast, the case proceeded to an Administrative Separation Board, which found the client did not commit misconduct.
Receives Payment From Inconsistency
A former Navy First Class separated after Mast and an Administrative Separation Board for a positive urinalysis sought assistance in pursuing legal action against the Navy. We identified an inconsistency between Department of Defense regulation and Naval instruction and filed suit in Federal Court. The government settled prior to trial with a financial payment, which the client accepted.
Retain Service (DUI Misconduct Processing)
A Navy E-6 with 18.5 years of service faced misconduct processing after three DUI convictions. At the Administrative Separation Board, we secured a recommendation that separation be suspended. When the command continued pressing separation, ongoing representation resulted in Naval Personnel Command retaining the client so the client could retire.
Withdrawal (Performance Testing Materials Case)
An Air Force E-6 faced charges relating to compromising performance testing materials. After an Article 32 investigation, charges were referred to a General Court-Martial. We secured withdrawal of the charges prior to trial.
Did Not Include Any Confinement at All
A Navy E-6 was implicated in a theft-of-military-property investigation involving civilian suppliers and allegations including conspiracy and obstruction of justice. Through extended negotiations, we secured a pre-trial agreement dismissing about half the charges and limiting confinement exposure.
At sentencing, the military judge imposed a sentence that included no confinement at all.
Promoted to Master Sergeant (NJP Set Aside)
A USAF E-6 was reduced to E-5 at NJP for forgery. We secured a set aside of NJP, restoring E-6 status. One year later, the client was promoted to Master Sergeant.
Withdrawn (Fuel Spill Case)
An Army Warrant Officer vessel commander faced charges including dereliction of duty relating to discharge of fuel oil into waterways. After the Article 32 investigation, charges were withdrawn.
Avoids Punitive Dismissal
A naval officer faced allegations including conspiracy, sale of military property, hazing, and falsification of records. Through extended negotiations, we secured a plea agreement dismissing the majority of charges and protecting the client against punitive dismissal or confinement upon submission of a resignation request.
No Punishment
A Navy E-7 entered a guilty plea to one specification of dereliction of duty in a case involving the shooting death of a Navy SEAL. An enlisted jury returned a sentence of no punishment.
No Punitive Discharge
A Navy E-7 charged with conspiracy and theft of government property entered a negotiated plea arrangement that limited exposure. At sentencing, the client received 30 days of confinement, a reprimand, and reduction to E-5. The client was not sentenced to a punitive discharge.
No Misconduct
An E-6 tested positive for amphetamines and methamphetamines during random urinalysis. At the Administrative Separation Board, we challenged the authority and designation of the Urinalysis Program Coordinator and identified defects in collection procedures and chain of custody. The Board found no misconduct.
Charges Dismissed (Petty Larceny Deferred Finding)
A Navy member with over 12 years of service was charged with petty larceny. At trial, we argued it was a misunderstanding and requested a deferred finding due to the client’s clean record. The judge ordered that the charge be dismissed after six months if the client committed no further offenses during that period.
No Misconduct (LSD Allegation)
A junior Navy seaman was apprehended for drunk and disorderly conduct after an informant claimed the client had taken LSD. A urinalysis tested positive for LSD, and the informant also claimed earlier LSD use. At the separation board, the Board found the client did not commit misconduct.
Charges Withdrawn (BAH Fraud)
A naval officer faced charges of larceny relating to alleged BAH fraud and signing official documents regarding dependent residence. The client passed a civilian polygraph and a NCIS polygraph, both addressing knowledge of the spouse’s residence. After affidavits and extensive negotiations, all charges were withdrawn.
Acquitted: Marijuana Charge
A Navy E-6 with over 19 years of service was charged with wrongful marijuana use. We advised refusal of NJP and demand for court-martial. Cross-examination of the urinalysis coordinator and the lab expert was so effective the defense presented no evidence. The client was acquitted shortly after deliberations began.
Promoted to Captain
An Army physician tested positive for marijuana during the final semester of medical school. We negotiated Article 15 disposition with the goal of preserving graduation. The client graduated, received the medical degree, and was promoted to Captain.
Charges Dismissed (Article 69(b) Relief)
An active duty Marine Corps E-3 was convicted by summary court-martial of larceny-related and false statement offenses. On application under Article 69(b), UCMJ, the Judge Advocate General disapproved all findings and sentence and dismissed the charges.
Resignation in Lieu of Court-Martial
A Coast Guard junior officer faced potential General Court-Martial charges involving false travel claims of approximately $50,000. We resolved the matter before charges were preferred by securing approval of resignation in lieu of court-martial.
Procedure Avoided (Mast Set Aside)
A Navy E-4 on a sea-going command was taken to Mast for a positive urinalysis. At the separation board, the panel found the client did not commit misconduct. We later secured a set aside of Mast and restored rank and lost pay.
Charges Dismissed (BAH Fraud; Polygraph)
A Navy E-7 assigned to an aircraft carrier faced NJP for false official statement and larceny allegations relating to BAH fraud. After the client passed both a civilian and NCIS polygraph, we secured dismissal of the charges.
Withdrawn and Vacated
An Army Reserve O-5 recalled to active duty faced court-martial charges including false official statement and larceny. A resignation for the good of the service was negotiated, submitted, and approved by the Secretary of the Army. All charges were withdrawn and all court-martial proceedings vacated.
Request for RILO Approved
An Air Force O-4 reservist recalled to active duty faced General Court-Martial exposure involving alleged AAFES return fraud. We submitted a RILO after the Article 32 investigation to secure administrative separation in lieu of court-martial. The request was approved.
No Confinement
A client faced allegations involving theft and sale of approximately $36,000 in dental gold. We secured a plea agreement suspending confinement in excess of eight months, then obtained a sentence that included no confinement.
Avoids Discipline
An Army officer was reported positive on a urinalysis. The officer refused NJP and demanded court-martial. The command instead issued a Letter of Reprimand and directed a Show Cause Board. We delayed proceedings until the service obligation expired, resulting in release from active duty without further action.
Naval Officer Retained (Show Cause BOI)
A Navy LCDR with over 18 years of active duty received NJP for willful dereliction of duty and conduct unbecoming an officer. At the Show Cause Board of Inquiry, we presented strong evidence supporting retention so the officer could retire. The Board voted 3-0 to retain the officer.
Administrative Discharge Without Court-Martial
A Navy Commander faced espionage-related offenses. After the Article 32 investigation, we secured administrative discharge without a court-martial.
No Punishment; Charges Withdrawn; Retained Through Multiple Actions
A Navy E-7 with over 20 years of service was investigated by federal and military authorities for alleged classified information disclosure. After extensive investigation and litigation, the government conceded and all charges were withdrawn, and the client retired.
This client had also previously received a sentence of no punishment in a separate court-martial matter. A later Administrative Separation Board recommended retention, and command efforts to separate the client were stopped at the office of the Assistant Secretary of the Navy.
Not Guilty (Multiple Urinalysis Specifications)
A Navy E-6 was court-martialed for a positive cocaine urinalysis and found not guilty. Several months later, the same client tested positive again, and a second court-martial convened. Before trial, the client tested positive a third time and additional charges were preferred.
At the second court-martial, the client was found not guilty of both specifications.
Not Guilty / No Misconduct
A Navy E-6 tested positive for cocaine, then tested positive again while in an aftercare program. The client was found not guilty of the first allegation at court-martial. The second allegation proceeded to an Administrative Separation Board, which found the client did not commit misconduct.
No Misconduct
A Navy E-6 tested positive for cocaine on a random urinalysis. At the Administrative Separation Board, we identified program errors and secured a no misconduct finding.
Acquitted of Both Charges (Unknowing Ingestion Defense)
An Air Force officer (O-3E) with over 18 years of service faced a General Court-Martial for two specifications of wrongful marijuana use based on two positive urinalysis tests. The client passed two polygraphs, including one by OSI, but charges proceeded.
We presented evidence of unknowing ingestion through marijuana-laced cigars. Without placing the client on the witness stand, we secured acquittal of both specifications.
Honorable Discharge (Summary Court-Martial + Board Outcome)
A Navy Master at Arms Chief Petty Officer (E-7) with over 19 years of service tested positive for marijuana and admitted wrongful use to NCIS. Although we prevailed on a motion to suppress the statement, the case continued. We secured disposition at a Summary Court-Martial with a guilty plea, resulting in reduction to E-6, forfeitures, and 45 days restriction (later suspended in clemency).
Seven months before retirement eligibility, administrative separation proceedings began. The board recommended suspension of separation for six months and ultimately an honorable discharge certificate.
Honorable Discharge (NROTC / USMCR / Physician / Administrative Outcomes)
- A SFC, USMC, seeking an officer commission received an honorable discharge from the USMC.
- An Army ROTC student obtained release from active duty obligation.
- An Army ROTC student secured release from active duty obligation due to medical reasons.
- A Navy ROTC cadet received waiver of educational expense recoupment.
- A LCPL, USMCR received an honorable discharge.
- A USMC E-4 obtained correction of DD214 narrative reason to remove court-martial indication.
- A Naval physician received an honorable discharge with no obligation to reimburse medical education expenses.
- An Air Force physician received an honorable discharge through representation.
- An Air Force physician received an honorable discharge involving postpartum separation anxiety.
- A Navy O-3 secured resignation for the good of the service.
- A Naval physician secured retroactive promotion through litigation and negotiated resolution.
Avoids OTH Administrative Separation
A Navy SEAL faced administrative separation after NJP involving classified material-related offenses and other allegations. The government requested separation with an OTH. The board ruled in our favor and found the evidence did not warrant administrative separation.
Avoids Military Discharge (Show Cause Board Reset)
An Army Captain faced a Show Cause Board for failure to keep pace with contemporaries. The initial board recommended discharge, and discharge orders were executed. After retention, we stopped the discharge, set aside the results, and secured a new board. We disqualified the first panel for bias, and the second panel recommended retention.
Retains Service Status (O-6 Physician)
An O-6 active duty physician faced BOI/Show Cause proceedings involving substance-related allegations, unauthorized absence allegations, conduct unbecoming, drunkenness, and performance concerns. The matter was heard by a panel of three Flag/General Officers. The final recommendation was retention.
Favorably Discharged (Narrative Reason Changed)
A Navy E-6 was separated for personality disorder. At personal appearance before the Discharge Review Board, we demonstrated an improper diagnosis and procedural noncompliance. The Board unanimously voted to change the narrative reason for separation to “Secretarial Authority.”
NCO Retained (Rehab Failure Allegation)
An Army E-6 faced separation for alleged rehabilitation failure relating to prescribed pain medication. The government argued repeated rehab failure and sought discharge. We argued the record showed rehabilitation success rather than failure. The board found no rehab failure and retained the soldier.
Retained (Corpsman Case)
A Navy E-6 Corpsman faced multiple allegations including narcotics-related offenses and other misconduct allegations. Following an Article 32 investigation, we secured withdrawal of all charges conditioned on NJP for limited allegations. At the Administrative Separation Board, we secured a finding of no rehab failure and a recommendation that the client be retained.
Retained (Coast Guard E-5)
A Coast Guard E-5 tested positive for marijuana with a prior positive years earlier. The client refused Mast and demanded court-martial, and the command proceeded by administrative separation board. After challenging board members and presenting an unknowing ingestion defense, the board voted to retain the client.
No Basis for Administrative Separation
A Navy E-9 Command Master Chief was relieved and detached for cause and directed to appear before an administrative separation board for unsatisfactory performance. We challenged the processing as improper due to lack of required counseling. After further argument and delays, the government conceded our position was correct. The board found there was no basis for administrative separation.
Navy OIC Retained
A Navy O-4 with 15 years of service, serving as an OIC overseas, was detached for cause and directed to appear before a Show Cause BOI for substandard performance. After presentation of evidence and argument, the officer was retained and permitted to continue the Naval career.
Discharge Upgrade Relief Warranted
A former USN E-2 received three NJPs and was separated for serious offense with an OTH characterization. At personal appearance before the Navy Discharge Review Board, the Board voted 4-1 to upgrade the characterization to General (Under Honorable Conditions), finding relief was warranted based on the facts, post-service conduct, and testimony.
General Under Honorable Conditions Granted
An Army Special Forces E-4 in deserter status returned to military control through coordination with the U.S. Embassy. We avoided pretrial confinement and negotiated alternate disposition through Article 15 and separation processing. We then requested a General under Honorable Conditions characterization instead of an OTH, which was granted.
Relief Granted (Upgrade to Honorable)
An Army E-5 separated for misconduct (drug abuse) received a General (under honorable conditions) discharge. We petitioned the Army Discharge Review Board for upgrade. The Board granted relief, finding the characterization too harsh and inequitable, and upgraded the discharge to Honorable.
Charges Withdrawn (Company Commander Case)
An Army company commander faced charges including maltreatment, fraternization, and indecent language. After representation at the Article 32 hearing, all charges were withdrawn.
Acquitted (Government Computer Allegation)
An Air Force E-6 was charged with using a government computer to access pornography. The client refused NJP and proceeded to a Special Court-Martial. The client was acquitted of all charges.
No Federal Conviction or Registration Required
A Navy E-4 faced child pornography-related allegations and had been advised to accept a plea agreement that would have triggered sex offender registration, likely a punitive discharge, and extended confinement. After we were retained, we identified search and seizure issues and admissibility concerns regarding confessions, withdrew the Art. 32 waiver, and proceeded to an Article 32 hearing.
After continued negotiation, we secured an administrative discharge with an OTH, avoiding federal conviction, punitive discharge, extensive confinement, and sex offender registration.
Reduced Punishment (Reserved Right to Appeal)
A Marine E-3 faced General Court-Martial charges involving child pornography and adult pornography possession in Afghanistan. After litigating a suppression issue, we negotiated a plea agreement preserving the right to appeal that issue. The judge sentenced the client to six months, and no punitive discharge was imposed.
Conviction Set Aside
A Navy E-4 was convicted at a General Court-Martial of child pornography-related offenses and sentenced to confinement, reduction, and a bad conduct discharge with sex offender registration implications. Our firm handled the appeal.
The Navy-Marine Corps Court of Criminal Appeals found reversible error relating to expert funding and set aside the findings and sentence, vacating the conviction and the registration obligation.
Successful Appeal; Back Pay Recovered
A USN E-5 was convicted at General Court-Martial and sentenced to a bad conduct discharge, confinement, and reduction. Our firm represented the client on appeal and secured a set aside of the conviction. The client was later retried and received a different sentence, followed by administrative separation.
We then assisted the client in recovering back pay owed due to the successful appeal. Through follow-up work with DFAS and correction of errors, we secured $30,376.97 in total recouped back pay (after taxes).
Charges Withdrawn (Command Master Chief Case)
A Command Master Chief with 20 years of service faced allegations of rape. After the Article 32 investigation, all charges were withdrawn.
Acquitted (Confession Challenged)
A Navy E-2 was charged with rape. After extensive interrogation, the client signed a sworn statement admitting guilt. At trial, we demonstrated the confession was unreliable and challenged identification. The client was acquitted.
Charges Withdrawn (Rape and Sodomy Allegations)
A Seaman was charged with forcibly raping and sodomizing a niece. After representation following the Article 32 investigation, all charges were withdrawn.
Not Guilty (Delinquency of a Minor Charge)
A sailor was charged with contributing to the delinquency of a minor after an incident involving barricading in a room with a child during a domestic dispute. Evidence showed the child had necessary items and was not endangered. After a contested hearing, the judge found the client not guilty.
Deferred Dismissal
A civil service employee was charged with obstructing justice following a refusal to permit a vehicle search by military police. We argued for a deferred finding based on the circumstances and clean record. The court granted a deferred finding, and the charge would be dismissed if no further violations occurred during the deferral period.
Secretary of the Navy Retained the Officer
A Navy Lieutenant Commander was recommended for continuation by a continuation selection board, but the Secretary of the Navy withheld the nomination due to a previously reported criminal incident. With a response package addressing rebuttal and mitigation, the Secretary retained the officer for continued service.
No Misconduct (Sex Assault Allegations)
A Navy E-6 faced administrative separation after an NCIS investigation involving two sex assault allegations. At the Administrative Separation Board, we secured findings of no misconduct as to both allegations.
Case Dismissed (Felony Strangulation)
Attorney Robert Canoy represented an active duty Navy E-3 charged with felony strangulation and misdemeanor assault. Through background investigation, Attorney Canoy uncovered evidence undermining motive and credibility of the complaining witness and secured dismissal of all charges with eligibility for expungement.
Navy SEAL E-7 Not Guilty
Attorney Robert Canoy represented a Navy Chief (E-7) SEAL charged with felony strangulation and domestic assault after a 911 call during an off-base incident. The prosecution proceeded despite the alleged victim’s wish not to prosecute and forced the witness to testify. After trial, the client was found not guilty of all charges.
Navy E-4 Reckless Driving Charge Dismissed
Attorney Robert Canoy represented a Navy E-4 charged with reckless driving following an accident not observed by law enforcement. The state’s case depended on statements from other drivers. The charge was dismissed.
