Virginia Beach

Military Defense Case Results

  • Navy O-3

    separation for cause was not warranted for the o

    Navy O-3: Administrative action requiring show cause for retention was initiated against Navy O-3, due to misconduct and substandard performance of duty, as a result of two allegations of conduct unbecoming an officer and gentleman by being drunk and disorderly in the presence of junior enlisted members and civilians, and by wrongfully using reproachful words toward a second class petty officer. Our client, a Medical officer, was assigned to a sea going command, and was found guilty of those offenses at NJP. After NJP, the command recommended that our client be required to Show Cause for retention, and be detached for cause (DFC). Our client elected the right to be heard before a Board of Inquiry. Represented by McCormack & McCormack, the Board of Inquiry, upon hearing and considering all the evidence presented, found that although the preponderance of evidence did support the misconduct reasons for separation and the substandard performance, separation for cause was not warranted for the officer, who was therefore retained.

  • Officer Separation

    CLIENT RETAINED

    Administrative separation proceeding was initiated against Navy CWO3 with 27 years of service, on allegations of misconduct and substandard performance of duty, as a result of violating a lawful general order (Navy Equal Opportunity Policy- sexual harassment). The officer had previously accepted NJP, and elected the right to be heard before a Board of Inquiry. At the Board of Inquiry, we acknowledged misconduct, however argued that our client should be retained for further service. Represented by McCormack & McCormack, the Board of Inquiry, found by a 3/0 vote that our client should be retained.

  • Separation for being a homosexual

    HONORABLE DISCHARGE

    A military member may be processed for administrative separation by reason of either being a homosexual (i.e., a "status" case) or by engaging in homosexual acts (i.e., an "acts" case). If a person is either homosexual or has engaged in homosexual acts, that person will be separated from the military unless all specified "retention criteria" are met. Prior to contacting our firm, an Army O-3 self-referred and requested administrative separation based upon "being homosexual" (i.e. a "status" case). At that time the officer was represented by an attorney and, because that attorney provided very limited information to the administrative separation Board of Inquiry, the end result was that the officer was retained in the service. This result occurred because, by limiting the information presented, the Board found that all of the "retention criteria" were met, which permits a homosexual member to be retained in the service. Sometime after that administrative separation process was concluded, we were retained to assist the officer and we were able to obtain an Honorable Discharge on the basis of engaging in homosexual acts (i.e., an "acts" case). Because there had been a previous processing of the case, there were substantial concerns with the possibility of false official statement allegations or other possible adverse consequences that would not normally be present in handling a separation on the basis of homosexuality or homosexual acts. By our handling of the case, we were able to achieve the client's desired result of separation, with an Honorable Discharge and no adverse consequences.

  • Navy Man Charged With Shipmate Rape

    HONORABLY DISCHARGED

    Navy Petty Officer was charged with rape of a shipmate. After the Art. 32, in order to avoid the risks associated with proceeding on the rape charge, we were able to secure an administrative discharge for our client in lieu of court-martial, based upon his agreement that he engaged in sexual contact in a room with an unlocked door when another person was present in the house. Although the discharge was under other than honorable conditions, we told our client we felt we could possibly get his discharge upgraded after he was out of the Navy. Once he was discharged, we filed a petition for upgrade of the discharge on the grounds that the act he admitted to was not a criminal offense worthy of an adverse discharge - the Board for Correction agreed and upgraded his discharge to an Honorable.

  • OFFICER CONVICTED OF POSSESSION OF CHILD PORNOGRAPHY RETAINED

    WILL RETIRE

    Air Force officer was convicted of possession of child pornography. After presentation of evidence on sentencing to an officer jury, we were able to secure a sentence of only thirty (30) days of confinement and some forfeitures – our client was NOT DISCHARGED. Although our client had approximately 19 years of service, the Air Force initiated administrative Show Cause Board of Inquiry proceedings in an effort to secure an administrative separation of our client, which would deny his receipt of retirement benefits. Upon appearance before the separation board, we were able to secure a RETENTION recommendation, which will result in our client being able to retire from the Air Force.

  • Naval Officer Accused of Sexual Assault

    CRIMINAL PROSECUTION AVOIDED

    A Naval officer was charged with sexual assault of a dependent wife. After the Art. 32 Investigation during which we established significant issues as to the credibility of the complainant, the case was sent to Captain's Mast on board a Naval ship, at which time the officer was found guilty and reprimanded. Subsequent to the Captain's Mast, we were able to secure the SETTING ASIDE of the Mast, as well as the termination of administrative separation proceedings. We thereafter assisted our client is securing his promotion which had been held in abeyance due to the charges and our client has been promoted once again.

  • Coast Guard E-3 Accused of Attempted Rape

    CHARGES REDUCED

    Coast Guard E-3 was charged with attempted rape and indecent assault upon a female crew member after he was found in the female's rack on the ship. Both the alleged victim and our client were intoxicated, however our client later gave a very damaging statement to the investigator. Before the Art. 32, we were able to negotiate a pre-trial agreement which provided for dismissal of the attempted rape charge and a plea of guilty to a lessor offense on the sexual assault charge - that plea would eliminate the requirement of our client to register as a sexual offender. The deal provided for the government to suspend any confinement in excess of one year. At trial, after the military judge accepted our client's plea to the lessor charge, the prosecution asked the judge to sentence our client to 18 months of confinement and a Bad Conduct Discharge. Despite the prosecution's argument, we secured a sentence of only 30 days of confinement and reduction to E-1 - the judge did not discharge our client.

  • Aggravated Sexual Assault Charge

    ACQUITTED

    Marine E-4 who was married had a junior Marine who was under the age of 21 at his on base housing where they consumed alcohol. They then went to a strip club off base and returned to his house. The female alleged that when she woke up on his couch early the next morning, that he was on top of her and sexually penetrating her. The next morning, she advised another Marine that she had been sexually assaulted while she was intoxicated and asleep. Our client appeared before a General Court-Martial for charges of fraternization, adultery, providing alcohol to a person under the minimum drinking age and aggravated sexual assault. We plead our client guilty to the adultery and providing alcohol to the complainant, and took the fraternization and aggravated sexual assault charges to a jury with enlisted membership. The jury returned a verdict of NOT GUILTY of the fraternization and sexual assault charge.

  • Sailor Pleads Guilty At Njp To Wrongful Sexual Contact

    NO MISCONDUCT AT ADMIN SEPARATION BOARD

    Navy second class retained us to represent him before an administrative separation board for misconduct of wrongful sexual contact with a female sailor while deployed. He plead guilty to the charge at Captain's Mast three years earlier, but was not processed for administrative separation which was mandatory. Naval Personnel Command apparently discovered that the command failed to process him for administrative separation and directed the command to do so. Although our client plead guilty to the charge at Mast, our representation resulted in a 3-0 vote of NO MISCONDUCT and retention of our client.

  • Sexual Assault of Family Member

    DISCHARGE IN LIEU OF COURT-MARTIAL

    Navy E-5 plead guilty and was convicted in state court of sexual assault upon his young step-daughter and was sentenced to serve 123 months in state prison, with all but 4 months suspended, conditioned up participation in an intense sexual offender treatment and probation program. The command was extremely dissatisfied with the sentence of the state court, and upon his release from state jail, immediately placed him into pretrial confinement with the intention of taking him to a General Court-Martial. Military defense counsel attempted to persuade the Navy to terminate court-martial proceedings, however the command insisted on the case proceeding to trial. Our law firm was retained after pretrial negotiations were initiated, with the command taking the position that the lowest cap on confinement that the command would agree to was 14 years. Upon our retention, we immediately challenged the assumption of jurisdiction by the Navy after the state concluded its prosecution. In an effort to avoid our client being court-martialed, we submitted a request for discharge in lieu of court-martial. The case proceeded to the Art. 32 hearing, at which time we were able to establish that our client was not properly advised of his rights by a NCIS agent during his interrogation that was conducted primarily by the civilian police. After the Art. 32, the command APPROVED OUR REQUEST FOR DISCHARGE IN LIEU OF COURT-MARTIAL and our client was discharged from the Navy with an OTH and immediately released from pretrial confinement to start participation in the state sexual offender treatment and probation program.

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