Results

Results matter. When your reputation, career, and freedom are on the line, you need an experienced law firm in your corner. MJA has a proven track record of success and is committed to providing the highest quality legal representation to its clients. While no law firm can guarantee results, below are summaries of past cases successfully handled by our attorneys. Contact us today for a free consultation.

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2023

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Army Staff Sergeant Found “Not Guilty” of All Charges and Specifications
Fort Stewart, Georgia. A Staff Sergeant (E-6) in the United States Army was charged at special court-martial with larceny and solicitation to commit larceny of government property in violation of Articles 82 and 121, UCMJ. After refusing to take a “deal” offered by the government, the SSG hired MJA to defend him at trial where he faced the possibility of confinement, a punitive discharge, and the loss of all medical benefits, if convicted. MJA worked closely with military counsel to expose weaknesses in the government’s case and demonstrated that the charges were the product of false assumptions and a defective investigation. The jury found the Soldier NOT GUILTY on all charges. (October 2023)

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Marines Avoids General Court-Martial, Receives No Confinement or BCD
Marine Corps Air Station Cherry Point, North Carolina. A Marine Private First Class (E-2) suspected of sexual assault, drug abuse, domestic violence, attempted burglary, unlawful entry, and stalking was placed on pretrial restriction and notified of charges. Bracing for a general court-martial, the Marine retained MJA to defend him against a possible dishonorable discharge, confinement, and sex offender registration, if found guilty. MJA killed the looming general court-martial and negotiated a plea at a special court-martial involving a single Article 128 offense. As a result, the Marine received no jail time, no punitive discharge, no forfeitures, and no fine. The Marine was immediately released from pretrial restriction. (October 2023)

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Wrongful Use of THC8 Unsubstantiated, Separation Action Dismissed
Marine Forces Reserve, New Orleans, Louisiana. A Sergeant (E-5) in the United States Marine Corps Reserve was being processed for involuntary administrative separation following a positive test result for delta-8-tetrahydrocannabinol (THC8). MJA aggressively challenged the separation action after conducting a thorough review of the evidence presented by the Government and the true facts and circumstances of the matter which supported innocent ingestion. After reviewing the Respondent’s detailed rebuttal matters, the imposing authority agreed that wrongful use did not occur and dismissed the pending separation action. (September 2023)

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NDRB Upgrades Sailor’s Discharge from “General” to Fully “Honorable”
Naval Discharge Review Board (NDRB). A Hospitalman (HN) (E-3) in the United States Navy was administratively discharged with a general (under honorable conditions) characterization of service for condition not a disability. MJA appealed to the NDRB and provided substantial evidence that the Sailor’s substantive and procedural rights were violated during the separation process and that a general discharge was unjust under the circumstances. The NDRB agreed with MJA that the Sailor’s service met the standards of acceptable conduct and performance and upgraded the Sailor’s characterization of service to fully honorable. (September 2023)

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Sergeant Refuses NJP; Saves Rank and Military Career
Marine Corps Base Quantico, Virginia. A Sergeant (E-5) in the United States Marine Corps was investigated for violations of Article 92, UCMJ, violating a lawful order. The command threatened the Sergeant with court-martial should they choose to refuse nonjudicial punishment (NJP). MJA conducted an extremely thorough review and analysis of the completely misinformed and misguided command investigation and reached different factual and legal conclusions. MJA aggressively challenged the findings, opinions, and recommendations of the investigating officer as well as the follow-on determination of the appointing authority. The client made the well-grounded decision to refuse NJP. Thereafter, the command took no judicial action; the Sergeant’s rank and career were retained. (August 2023)

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Sexual Harassment Unsubstantiated, GOMOR Removed
Armed Forces Europe. A Captain (O-3) in the United States Army received a General Officer Memorandum of Reprimand (GOMOR) for sexually harassing a subordinate following an administrative investigation. MJA appealed the investigative findings and provided evidence to the command that the Captain did not commit sexual harassment. After reviewing the rebuttal matters, the imposing authority agreed that sexual harassment did not occur and recommended that the reprimand be removed. On appeal, the DASEB agreed that the GOMOR was untrue or unjust and removed the reprimand from the Soldier’s AMHRR. (July 2023)

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NDRB Grants Discharge Upgrade, Awards Honorable Characterization of Service
 Naval Discharge Review Board (NDRB). A Lance Corporal (E-3) in the United States Marine Corps was administratively separated for misconduct (serious offense) for an alleged violation of Article 128b, UCMJ (domestic assault) and given a General (Under Honorable Conditions) discharge. MJA petitioned the NDRB for a discharge upgrade. MJA presented evidence on appeal showing that the Marine’s spouse was the aggressor and that he only acted in self-defense. The NDRB determined that the Marine had not committed domestic violence and that his discharge was based on hardship and convenience of the government, rather than misconduct. Consequently, the NDRB upgraded the Marine’s characterization of service to fully “Honorable”, changed the narrative reason for separation, and changed the separation code and reentry code to reflect his Honorable service. (July 2023)

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Federal Charges Dismissed for Retiree Cited on Military Installation
Fort Jackson, South Carolina. A retired Army Officer was lawfully engaging in permitted activities on board federal property when a professional dispute arose and the retiree found themselves unreasonably detained, investigated, and cited for crimes on board federal property. The retiree was charged with assault, disorderly conduct, destruction of government property, and criminal trespass in violation of federal law. Over the course of months, MJA worked to facilitate the dismissal of all criminal charges, thereby permitting the retiree to pursue higher education and employment opportunities. (June 2023)

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Article 120 Charges Dismissed “With Prejudice” at General Court-Martial
Fort Campbell, Kentucky. An Army Private First Class (E-3) was charged with an alleged sexual assault in violation of Article 120, UCMJ. After refusing to take a “deal” offered by the Government, the Soldier retained MJA to defend him during a general court-martial where he faced a possible dishonorable discharge, confinement, and sex offender registration if found guilty. During trial, MJA discovered that the Government had failed to provide important evidence helpful to the client’s case and moved to dismiss the case with prejudice. MJA later learned that this was not the only discovery violation that had occurred, and that other evidence helpful to the defense had also not been provided. After hearing all the evidence, the Court determined that the continual discovery violations prejudiced the defense and that dismissal “with prejudice” was the only just remedy under the circumstances.  (June 2023)

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ABCMR Directs Expungement of Titling and Indexing Determination
Army Board for Correction of Military Records. A Private First Class (E-3) in the United States Army was titled and indexed by the Army Criminal Investigation Division (CID) for assault consummated by battery after a domestic incident with her spouse. The Soldier was never taken to court-martial or nonjudicial punishment and was later honorably discharged. Despite these facts, the Soldier remained titled and later learned that she was disqualified from working in the healthcare field due to the titling action. After USACID refused to remove the titling entry, MJA appealed the decision to the ABCMR. The Army Board determined that the Soldier was the victim of domestic physical abuse and should not have been titled. The ABCMR granted the Soldier full relief and recommended that all Department of the Army records concerning the Soldier be corrected by removing her name from the title block of the law enforcement report. (June 2023)

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GOMOR Locally Filed, Sergeant First Class Permitted to Continue Military Career
Camp Humphreys, Korea. A Sergeant First Class (E-7) in the United States Army was issued a General Officer Memorandum of Reprimand (GOMOR) for matters involving alleged false official statements. MJA worked closely with the client to respond to the allegation with the proper tone and to highlight key evidence in defense, extenuation, and mitigation. In light of the rebuttal, the Commander directed that the GOMOR be filed locally, where it will be removed after 18 months or when the Sergeant First Class is reassigned. Local filing will allow the  Sergeant First Class to promote and continue their military career. (June 2023)

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Army National Guard Captain Retained by Withdrawal of Federal Recognition Board
Army National Guard. A Captain (O-3) in the Army National Guard was directed to show cause for retention at a Withdrawal of Federal Recognition (WOFR) proceeding, i.e., separation action. MJA successfully litigated allegations of assault/battery by conducting its own in-depth investigation and by preparing a sound legal defense that included presentation of key witness testimony as well as irrefutable video and documentary evidence. The Board unanimously voted to retain the officer to continue his military career. (June 2023)

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No GOMOR Issued, Lieutenant Successfully Defends Against Allegations
Camp Humphreys, Korea. A Second Lieutenant (O-1) in the United States Army was investigated in accordance with AR 15-6 for allegations related to fraternization and harassment. MJA elicited the true facts with respect to each allegation and presented them in a manner proving no misconduct occurred. The Appointing Authority carefully considered MJA’s written matters and concurred that a General Officer Memorandum of Reprimand (GOMOR) was unwarranted. The Second Lieutenant is now able to promote and continue his military career. (June 2023)

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Chapter Board Finds “No Basis” for Sexual Harassment or Fraternization
Camp Casey, South Korea. A Sergeant First Class (E-7) in the United States Army retained MJA to defend against multiple false allegations involving a junior Soldier. After refusing to accept Article 15 punishment, in consultation with MJA, the Soldier was taken to a Chapter Board. During the Board, MJA effectively cross-examined the government’s witnesses, including the alleged victim, exposing numerous inconsistencies in their prior statements and a sinister motive to fabricate among the government witnesses. After 30 minutes of deliberation, the Board members unsubstantiated the allegations of sexual harassment and fraternization and recommended the Soldier’s retention in the United States Army. (May 2023)

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Report of “No Misconduct” for Marine Corps Second Lieutenant
Quantico, Virginia. A Second Lieutenant (O-1) in the United States Marine Corps was investigated in accordance with the JAGMAN for an allegation of violating a lawful order related to cheating. MJA carefully and independently conducted a thorough investigation, and, in its client’s defense, MJA presented an authentic, evidence-based analysis concluding no misconduct occurred. The Convening Authority carefully considered MJA’s written matters and concurred that a Report of NO Misconduct was warranted. The Second Lieutenant is now able to promote and continue his military career. (May 2023)

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GOMOR Rescinded; Army Reserve Sergeant First Class Permitted to Retire
United States Army Reserve. A Sergeant First Class (E-7) in the United States Army Reserve was initially denied due process in pursuit of a religious accommodation concerning COVID-19 immunization and issued a General Officer Memorandum of Reprimand (GOMOR) for allegedly violating the mandate. MJA successfully petitioned for re-processing and consideration of the client’s request for exemption. MJA and the client worked relentlessly to engage the command at every step, presenting accurate analysis of law and regulations as applied to the facts of the client’s case. The Issuing Authority ultimately rescinded the GOMOR, removed the administrative flag, and permitted the client to process for retirement. (May 2023)

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QMP Board Recommends Retention of Sergeant First Class  
U.S. Army Human Resources Command. A Sergeant First Class (E-7) in the United States Army was notified of an Immediate Reenlistment Prohibition (IMREPR) Code 13 based on adverse information being officially filed in his Army Military Human Resource Record (AMHRR), making him eligible for consideration by the Qualitative Management Program (QMP) board. MJA worked with the Soldier to respond to the notification by rebutting the underlying allegations and providing evidence in extenuation and mitigation. After conducting a comprehensive review of the Soldier’s record and his written response, the QMP recommended the Soldier’s retention on active duty. (May 2023)

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GOMOR Locally Filed, Army National Guard Major to Continue Military Career
Army National Guard. A Major (O-4) in the Army National Guard was issued a General Officer Memorandum of Reprimand (GOMOR) for a violation of a lawful general order. MJA worked closely with the client to respond to the allegation with the proper tone and to highlight key evidence in defense, extenuation, and mitigation. In light of the rebuttal, the Commander directed that the GOMOR be filed locally, where it will be removed after 18 months or when the Major is reassigned. Local filing will allow the Major to promote and continue their military career. (April 2023)

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Army Sergeant Found “Not Guilty” of Alleged Sexual Abuse
Fort Hood, Texas. An Army Sergeant (E-5) accused of multiple counts of sexual abuse of a child hired MJA to defend against the egregious allegations. Almost three years after the false allegations were filed against the SGT, and after the Army involuntarily extended the Soldier’s contract to allow more time to prosecute the case, MJA successfully contested the charges at a general court-martial. Working with detailed counsel, MJA fought aggressively to ensure witnesses and experts from all over the United States were available to testify on behalf of the SGT and his family. After hearing all of the evidence, the Military Judge acquitted the SGT on all charges and specifications, finding him NOT GUILTY. The SGT is looking forward to being allowed to leave the Army with an honorable discharge. (April 2023)

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Chapter Board Finds “No Basis” for Alleged Sexual Assault
Fort Eustis, Virginia. An Army Specialist (E-4) unjustly accused of abusive sexual contact and assault with intent to commit rape hired MJA after being targeted as the subject of a CID investigation. MJA advised and represented the SPC through the investigation and resultant command determination to forgo court-martial. After many delays and months of waiting, the Army sent the Soldier to an administrative separation board instead – an “easier” path for the Government to secure accountability given its lower standard of proof and ability to prosecute with hearsay alone. MJA successfully defended the SPC against all charges and allegations brought forward as the basis for the separation. The Board found NO BASIS for any of the alleged misconduct and voted to retain the SPC in the Army. (April 2023)

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GOMOR Locally Filed, Army Captain to Continue Military Career
A Captain (O-3) in the United States Army was issued a General Officer Memorandum of Reprimand (GOMOR) for failing to comply with the requirements of an Army Regulation. MJA worked closely with the client to respond to the allegation with the proper tone and to highlight key evidence in extenuation and mitigation. In light of the rebuttal, the Commander directed that the GOMOR be filed locally, where it will be removed after 18 months or when the Captain is reassigned. Local filing will allow the Captain to promote and continue his military career. (April 2023)

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Federal Charges Dismissed for Civilian Searched on Military Installation
MCAS Beaufort, South Carolina. A local civilian carrying out the duties of their occupation was subject to a vehicle search on board federal property. The civilian was charged with simple possession of marijuana and criminal trespass in violation of federal law. Over the course of months, MJA worked to facilitate the dismissal of the criminal charges, thereby permitting the civilian to pursue higher education and employment opportunities. (March 2023)

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Drug Charge Dismissed from Court-Martial, Soldier Reinstated to Full Duty
Fort Bragg, North Carolina. An Army Staff Sergeant (E-6) hired MJA after being wrongfully accused of violating Article 112a (drug abuse) after UA conducted by his command. The SSG was offered an Article 15 and pressured by senior leadership to accept the punishment and subsequent mandatory Chapter process. MJA advised the SSG to refuse the Article 15 and demand a court-martial. Working with the detailed counsel, MJA filed motions, secured the assistance of one of the best forensic toxicologists available, and fought pretrial efforts to force the SSG to plead guilty. MJA successfully fought the charges and pushed back on efforts by the government to waive the presence of material witnesses in the case. After fighting for more than a year, MJA convinced the command to withdraw and dismiss all charges in the case. All flags have been removed and the SSG has subsequently been reinstated as the platoon sergeant in his unit. (March 2023)

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Court-Martial Charges Dismissed, Adsep Board Finds “No Basis” for Drug Abuse
Camp Lejeune, North Carolina. A Sergeant (E-5) in the Marine Corps was notified of Special Court-Martial charges for alleged drug abuse after testing positive for THC-8. Over the course of twelve months, MJA demonstrated unrelenting persistence and zeal by working to facilitate the dismissal of the criminal charges, avoid separation via notification procedures (i.e., a no-board, general discharge option), and ultimately litigate the alleged wrongful use of THC-8 at administrative separation hearing and secure a NO BASIS determination, thereby permitting the Marine to be retained and honorably complete his contract of enlistment. (March 2023)

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Marine Released from Pretrial Confinement, False Charges Exposed
Camp Pendleton, California. After twice receiving nonjudicial punishment for drug abuse, a Private (E-1) in the U.S. Marine Corps was placed in pretrial confinement for alleged violations of Article 92 (disobeying an order), Article 107 (false official statement), and Article 109 (destruction of property). MJA was retained to represent the Marine at his initial review officer (IRO) hearing. At the hearing, MJA admitted evidence showing that the Marine did not destroy property or make a false statement, and that the alleged order violation did not require confinement. The IRO agreed and granted the Marine his freedom, releasing him from the brig.  (February 2023)

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Navy BOI Finds “No Basis” for Alleged Officer Misconduct
Naval Station San Diego, California. A Navy Lieutenant Commander (O-4) accused of sexual harassment and several other serious violations of the UCMJ hired MJA after being detached for cause (DFC) and offered NJP. MJA advised the LCDR to refuse the NJP and demand a Court-Martial. After many delays and months of waiting, the Navy decided to send the officer to a Board of Inquiry instead of court. MJA successfully defended the LCDR against all charges and allegations brought forward as the basis for the DFC and offer of NJP. The BOI found NO BASIS for any of the alleged misconduct and voted to retain the LCDR in the Navy. (January 2023)

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Sailor Avoids Court-Martial, Preserves VA Disability Benefits
Charleston, South Carolina. A junior enlisted Sailor was incarcerated for allegations of desertion, drug abuse, and orders violations. MJA first successfully litigated his release from pretrial confinement at an Initial Review Officer (IRO) hearing. Subsequently, MJA demanded a prompt and proper military medical evaluation that the command initially opted to ignore and forego. Given the advocacy of MJA and matters presented by the firm to the command, the Convening Authority elected to pursue administrative separation as opposed to court-martial. The client avoided a criminal conviction and maintained valuable benefits/entitlements with a General (under Honorable conditions) characterization of service. (January 2023)

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Marine Facing Discipline Receives an Honorable Discharge
Norfolk, Virginia. MJA defended a Reserve Marine Sergeant (E-5) on active duty accused of several violations of Article 92 was facing discipline after a command investigation. MJA communicated with the command and his SNCOs to ensure the investigation did not violate the Sergeant’s rights or rush to judgment. By hiring MJA, the Sergeant protected himself and allowed MJA to guide him through the administrative process. The Sergeant was allowed to leave active duty and transfer back to the Reserve without any adverse action being taken by the command. The Sergeant is grateful that he can now decide whether he wants to drop to the IRR or continue his Marine Corps career. (January 2023)

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DRB Changes Reason for Separation and RE-Code, Allowing Marine to Reenlist
Naval Discharge Review Board. A United States Marine was involuntarily discharged after only five months of service for misconduct and given an RE-4 Code, making him ineligible for reenlistment. MJA appealed the decision to the NDRB, arguing that the separation was legally and factually deficient and warranted a new reason for separation and RE-Code. The NDRB agreed that the alleged misconduct was not a serious offense and that the Marine’s discharge was not fair under the circumstances. The DRB changed the narrative reason for separation from Misconduct (Serious Offense) to Entry Level Performance and Conduct and awarded the Marine an RE-1 Code, making him fully qualified to reenlist. (January 2023)

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Command Finds Positive Urinalysis is Not Drug Abuse Incident, Retains Sailor
Portsmouth, Virginia. A Sailor tested positive for a prescription drug following a random urinalysis. In response to the positive urinalysis, MJA provided evidence to the command showing that the Sailor had not knowingly and wrongfully used a controlled substance and that the positive urinalysis was not a drug abuse incident requiring mandatory separation processing. The Commanding Officer agreed, ruling that the incident was not drug abuse, and closed the matter without taking adverse action against the Sailor. (January 2023)

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Court-Martial Charges Dismissed, Sailor Allowed to Continue Military Service
Naval Station Mayport, Florida. A First Class Petty Officer was charged with assault consummated by battery and disorderly conduct. After refusing to take a “deal” which would result in his automatic discharge from the Navy, the Sailor retained MJA to defend him at special court-martial where he faced the possibility of a bad conduct discharge, confinement, reduction in rank, and forfeiture of pay, if convicted. MJA and the detailed military attorney worked together to convince the commander to handle the case administratively and not take the Petty Officer to court-martial, resulting in the withdrawal and dismissal of all criminal charges. (January 2023)

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2022

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Army Staff Sergeant Found “Not Guilty” of All Charges and Specifications

Fort Hood, Texas. An Army Staff Sergeant (E-6) accused of maltreatment and other conduct prejudicial to good order and discipline hired MJA to defend him against the false allegations. Working with MJA, the Staff Sergeant refused Article 15 and demanded trial by court-martial. Almost two years after the false allegations were filed, MJA successfully contested all the charges at a Special Court-Martial. At trial, the military judge responded to an MJA motion by finding the Staff Sergeant not guilty of two of the allegations before the court. The members found the Staff Sergeant not guilty of the two remaining allegations, resulting in a full acquittal!  (December 2022)

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Separation Board Finds “No Basis” for Marine Who Failed Urinalysis

Quantico, Virginia. A Gunnery Sergeant (E-7) in the United States Marine Corps was notified of administrative separation after testing positive on a urinalysis. MJA was retained to defend the Marine. At the board hearing, MJA and detailed defense counsel admitted documentary evidence and testimony that the positive urinalysis was the result of an innocent ingestion. The Board found “NO BASIS” for the alleged drug abuse and retained the Marine on active duty. (December 2022)

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Naval Officer Prevails at Show Cause Board, Retained on Active Duty

Navy Medicine Readiness and Training Command, Portsmouth. A Lieutenant Commander (O-4) in the United States Navy was required to show cause for retention in the naval service for alleged misconduct and substandard performance of duty following a state-court conviction for Driving While Intoxicated. At the Board of Inquiry (BOI), MJA submitted extensive written matters in defense and called multiple character witnesses who testified the LCDR should be retained on active duty. The BOI unsubstantiated the allegation of substandard performance of duty and retained the officer in the naval service. (December 2022)

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Administrative Separation Board Finds “No Basis” in Sexual Assault Case

Joint Base Pearl Harbor-Hickman, Hawaii. A Master Sergeant (E-7) in the United States Air Force was investigated for 15 months by the Air Force Office of Special Investigations (OSI), Family Advocacy Program (FAP), and Child Welfare Services (CWS) for false allegations of sexually assaulting a minor. After a week-long administrative discharge board with eight Government witnesses, the board members found “no basis” for the alleged misconduct and retained the Master Sergeant on active duty. (November 2022)

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Army Staff Sergeant Allowed to Retire Despite General Court-Martial Charges

Camp Humphreys, South Korea. An Army Staff Sergeant (E-6) accused of multiple serious violations of the UCMJ hired MJA after being placed on legal hold and having his retirement upheld pending investigation and possible court-martial. After many months of investigation, preferral and referral of charges to a General Court-Martial, MJA successfully negotiated an agreement allowing the Staff Sergeant to take responsibility for minor offenses in exchange for his retirement. MJA fought depositions the government sought to take at stateside bases and filed and fought other motions which ultimately led the government to accept the terms of the negotiated agreement more favorable to the Staff Sergeant. (November 2022)

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Investigation Closed, No Adverse Action Against Army Officer

Fort Campbell, Kentucky. An Officer in the United States Army was found by a command investigator to have committed multiple orders violations. MJA was retained to defend against the erroneous findings. MJA rebutted the allegations and worked diligently to expose substantive and procedural errors with the investigation, resulting in no adverse action taken against the service member. (October 2022)

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Marine Avoids Court-Martial and Nonjudicial Punishment, Reaches EAS

Camp Lejeune, North Carolina. A Corporal (E-4) in the United States Marine Corps was ordered to return from terminal leave to face a Commanding General directed Special Court-Martial for allegations of sexual harassment. MJA was immediately retained to defend against the false allegations. MJA rebutted the allegations and worked closely with the command to terminate any potential court-martial proceedings and avoid nonjudicial punishment. The Marine successfully completed his active duty service obligation and transitioned to the Ready Reserve. (October 2022)

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Airman Protected by SCRA in Lease Termination Action, Awarded Damages

Servicemembers Civil Relief Act. A Staff Sergeant (E-5) in the Air Force terminated her residential lease after receiving orders for deployment. While deployed, the Staff Sergeant was unlawfully assessed a debt related to her housing lease which got referred to collection. The Staff Sergeant retained MJA to assert her rights under the SCRA and seek damages. MJA gathered evidence showing that the Staff Sergeant should not have been assessed a debt after properly terminating her lease, issued a demand letter to her housing provider, and coordinated with the debt collection agency to stop collection efforts. These efforts resulted in the complete elimination of the service member’s debt, termination of debt collection efforts, and significant compensation for her damages. (September 2022)

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Sailor Charged With Desertion Released from Pretrial Confinement

Goose Creek, South Carolina. A Seaman (E-3) in the United States Navy was placed in pretrial confinement for alleged violations of drug abuse, absence without leave, breaking restriction, and desertion after being gone from his unit for 93 days. MJA represented the Sailor at his initial review hearing to determine whether continued confinement was necessary. MJA argued that confinement was not necessary to ensure good order and discipline or prevent future misconduct and was not in the Sailor’s best interest. The Initial Review Officer agreed and released the Sailor from the brig. (August 2022)

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GOMOR Locally Filed, Army Major to Continue Military Career

A Major (O-4) in the United States Army was issued a General Officer Memorandum of Reprimand (GOMOR) for disobeying a lawful order. MJA worked closely with the client to respond to the allegation with the proper tone and to highlight key evidence in extenuation and mitigation. After carefully considering the Major’s rebuttal, the Commander directed that the GOMOR be filed locally, where it will be removed after 18 months or when the Major is reassigned. (August 2022)

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Full Acquittal – Sailor Found “Not Guilty” at Special Court-Martial

Kings Bay, Georgia. A Master-at-Arms Third Class (E-4) in the United States Navy was placed in pretrial confinement and charged with dereliction of duty for allegedly unholstering his firearm and pointing it at another Master-at-Arms. After refusing to take a “deal” offered by the command, the Sailor retained MJA to defend him at special court-martial where he faced the possibility of bad conduct discharge, confinement, reduction in rank, and forfeiture of pay, if convicted. MJA zealously represented the Sailor at court-martial. After hearing all the evidence, the jury deliberated for less than an hour before returning a verdict of “NOT GUILTY”. (July 2022)

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Marine Granted Parole After General Court-Martial Conviction

Naval Clemency and Parole Board (NC&PB). A United States Marine was convicted at general court-martial of violating Articles 92, 114, and 119, UCMJ, and sentenced to 69 months of confinement. While serving confinement, the Marine petitioned for and was denied parole. The Marine retained MJA to fight for his release. MJA prepared and submitted to the NC&PB an extensive petition showing that the Marine met the criteria for parole and had received a disparately severe sentence. MJA also appeared telephonically at the board hearing to advocate on behalf of the Marine. After reviewing all the evidence, the NC&PB agreed and approved the Marine’s request for parole. (July 2022)

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Navy Petty Officer Retained by Administrative Discharge Board

San Diego, California. A Second Class Petty Officer (E-5) elected to fight his removal from the Naval Service at an Administrative Board Hearing. MJA successfully demonstrated mitigating factors surrounding the alleged misconduct, the treatment received by the Petty Officer and rehabilitation efforts he continues to pursue. The members of the board voted to retain the Sailor on active duty. He is thrilled to be slated for a new assignment.  (June 2022)

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Article 112a Drug Abuse Charges Dismissed and Withdrawn from Court-Martial

Fort Stewart, Georgia. An Army Staff Sergeant (E-6) was offered Article 15 after a failed urinalysis related to fentanyl. The SSG refused Article 15 and retained MJA to defend him at court-martial. MJA immediately began to develop the defense of accidental ingestion and discovered exculpatory evidence proving that the SSG did not commit drug abuse. MJA used the exculpatory evidence to convince the Government prosecutors and commanding officer to dismiss and withdraw the charge alleging a violation of Article 112a. UCMJ. Five weeks after being served a charge sheet, the charge was withdrawn and dismissed and the command removed the Soldier’s administrative flags. (June 2022)

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GOMOR Transferred to Restricted Portion of AMHRR

Department of the Army Suitability and Evaluation Board (DASEB). An Army Captain (O-3) received a permanently filed General Officer Memorandum of Reprimand (GOMOR) for being drunk and disorderly. The GOMOR was filed in the performance section of the Soldier’s Army Military Human Resource Record (AMHRR). MAJ appealed the GOMOR to the DASEB requesting that it be removed or, at a minimum, transferred to the restricted portion of the Soldier’s AMHRR. DASEB by unanimous vote, determined that the evidence was sufficient to warrant partial relief and transferred the GOMOR to the Soldier’s restricted file. (June 2022)

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Coast Guard Petty Officer Retained at Administrative Board

Alameida, California. Allegations of alcohol and drug abuse under Article 112a of the UCMJ led to an administrative hearing for a Coast Guard First Class Petty Officer (E-6). MJA worked closely with the Petty Officer to make sure he was getting the proper treatment and help with underlying medical issues while also preparing for his administrative hearing. Through MJA’s efforts, the board found in favor of the servicemember regarding the alcohol abuse, found no misconduct regarding the 112a, and recommended retention in the Coast Guard. (May 2022)

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Marine Sergeant Released from Pretrial Restriction

Camp Lejeune, North Carolina. A Sergeant in the United States Marine Corps was placed on pretrial restriction after refusing nonjudicial punishment for a positive urinalysis, preventing the Marine from exercising basic liberties. MJA immediately requested that the Commander terminate the pretrial restriction, arguing that it was an abuse of discretion and constituted unlawful pretrial punishment in violation of Article 13, UCMJ. Upon receipt of MJA’s demand, the Commanding Officer granted the request and released the Marine from the terms of restriction, allowing him to take leave and see loved one off base. (May 2022)

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Marine Refuses COVID-19 Vaccine, Receives Honorable Discharge

U.S. Marine Corps Reserve. A Corporal in the United States Marine Corps Reserve was notified of involuntary administrative separation for refusing to take the COVID-19 vaccine. Despite years of honorable service, the Marine was recommended for a general (under honorable conditions) discharge which, if approved, would deny him of important military benefits. MJA submitted compelling written matters in response to the separation explaining why the Marine should not be separated with a general discharge. The command agreed and awarded the Corporal a fully honorable characterization of service upon discharge. (May 2022)

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Court-Martial Charges Withdrawn and Dismissed Against Marine Sergeant

Camp Pendleton, California. A Marine Sergeant (E-5) hired MJA after the Article 32 hearing in his case resulted in charges being filed at a general court-martial. Working with MJA, the detailed counsel and the Sergeant filed several motions challenging the Article 32, the jurisdiction in the case, and several other matters raised by the evidence. Rather than fight the motions in court, the government elected to withdraw and dismiss all charges against the Sergeant. (April 2022)

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Army Veteran Receives Discharge Upgrade, Eligible for VA Healthcare

Army Discharge Review Board (ADRB). A Private (E-1) was involuntarily discharged from the United States Army under Other Than Honorable (OTH) Conditions for Misconduct (Serious Offense) after receiving Article 15 punishment and a summary court-martial conviction for alleged violations of Articles 86, 87, 90, and 91, UCMJ.  Due to his characterization of service, the Private was unable critical VA medical treatment related to service connected injuries. The Soldier retained MJA after unsuccessfully petitioning the ADRB for a discharge upgrade on his own and being denied relief. MJA reviewed the Soldier’s military records and submitted extensive evidence and arguments to the ADRB demonstrating that the Soldier did not commit serious misconduct and should not have been discharged with an OTH. The DRB agreed and upgraded the Soldier’s characterization of service to General Under Honorable Conditions, allowing him to reapply for VA medical coverage. (April 2022)

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GOMOR Modified and Locally Filed, Army LTC to Continue Military Career

Fort Belvoir, Virginia. A Lieutenant Colonel in the United States Army was issued a General Officer Memorandum of Reprimand (GOMOR) for alleged inappropriate conduct in the workplace. MJA worked closely with the client and detailed counsel to respond to the allegations and request that the GOMOR be modified to remove unfairly prejudicial language and not permanently filed in the officer’s AMHRR. After submitting extensive evidence in extenuation and mitigation, the GOMOR was amended and locally filed, where it will be removed after 18 months or when the Lieutenant Colonel is reassigned. (April 2022)

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Adsep Board Finds “No Basis” in COVID-19 Vaccine Refusal Case

Quantico, Virginia. A Sergeant (E-5) in the Marine Corps was taken to an administrative separation board for allegedly violating Article 92, UCMJ, by not receiving a COVID-19 vaccine. During the hearing, MJA admitted extensive evidence showing that it was impossible for the Marine to comply with the COVID-19 vaccine order because the only two FDA approved vaccines—COMIRNATY AND SPIKEVAX—are not available to servicemembers. Based on this evidence, the Board determined there was “no basis” for misconduct and retained the Marine on active duty. (April 2022)

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BCNR Directs Expungement of Titling and Indexing Determination

Board for Correction of Naval Records (BCNR). A Chief Petty Officer in the United States Navy was titled and indexed by the Naval Criminal Investigative Service (NCIS) during an investigation for a violation of Article 120, UCMJ. Despite substantial and overwhelming evidence showing that the Sailor did not commit the offense, NCIS refused to remove the titling determination. MJA appealed the decision to the BCNR, which determined that credible information did not exist to title the Sailor and that the titling was a “significant injustice.” The BCNR granted the Sailor full relief and recommended that NCIS expunge his name as a titled and indexed subject from the NCIC and DCII criminal history databases. (April 2022)

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Army Veteran’s Discharge Upgraded to General Under “Honorable” Conditions

Army Discharge Review Board. An Army Private (E-1) was involuntarily separated with a Other Than Honorable (OTH) discharge after receiving a Summary Court-Martial and Article 15 punishments for allegedly violating Articles 86, 87, 90, and 91, UCMJ. In 2008, the veteran submitted a petition to the Army Discharge Review Board (ADRB) requesting a discharge upgrade but was denied relief. The veteran retained MJA to help with the appeal. MJA submitted extensive evidence to the ADRB showing that the Soldier suffered from debilitating medical issues which adversely impacted his ability to perform his military duties. Based on the evidence presented, the ADRB determined that the Soldier’s discharge was inequitable based on the circumstances surrounding his discharge and his post-service accomplishment and upgraded the Soldier to a General Under Honorable characterization of service. (April 2022)

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Sexual Assault Allegations “Unsubstantiated” at Administrative Separation Board

San Diego, California. MJA successfully defended a Navy Hospitalman (E-3) accused of two separate counts of sexual assault. MJA, along with the local DSO attorney, aggressively challenged the false narrative being pushed by the alleged victims and the government resulting in a finding of no basis for either of the allegations. The positive outcome allows the Hospitalman to continue his advancement in the Navy. (March 2022)

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Article 120 Charges Dismissed “With Prejudice” at General Court-Martial

Fort Campbell, Kentucky. A Private First Class (E-3) in the United States Army was charged with violating Article 120, UCMJ, by allegedly sexually assaulting a female Soldier. After refusing to take a “deal” offered by the Government, the Soldier retained MJA to defend him during a general court-martial where he was faced a possible dishonorable discharge, confinement, and sex offender registration if found guilty. During trial, MJA successfully moved for the charges to be dismissed with prejudice, terminating the court-martial. (March 2022)

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Midshipman Granted Religious Exemption from COVID-19 Vaccine

United States Merchant Marine Academy. A Midshipman at the United States Merchant Marine Academy (USMMA) requested a religious exemption from the COVID-19 vaccine due to his sincerely held religious beliefs. MJA worked closely with the Midshipman to put together a comprehensive request with supporting evidence. Upon reviewing the request, the U.S. Department of Transportation Maritime Administration granted the COVID-19 vaccine exemption, allowing the Midshipman to continue his enrollment at the Academy. (March 2022)

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Sexual Assault Allegations “Unsubstantiated” at Administrative Separation Board

Camp Butler, Japan. A Private First Class (E-2) in the United States Marine Corps was alleged to have sexually assaulted a fellow Marine in her barracks room. Upon being notified by his command that he was under investigation by NCIS for sexual assault, the PFC immediately retained MJA. MJA worked with the Marine to preserve critical evidence to the case and defended him at an administrative separation board. After hearing the evidence presented by MJA, the board unsubstantiated the allegations. The PFC will finish his enlistment under Honorable conditions. (March 2022)

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No Misconduct Finding for Marine Accused Of Vaping THC

Camp Pendleton, California.  A Marine Lance Corporal (E-3) was accused of violating Article 112a of the UCMJ. MJA helped the young Marine refuse NJP and then fight the charges at his administrative hearing where we successfully showed his vaping activity did not violate Article 112a. The administrative hearing concluded there was no misconduct on the part of the LCpl and returned him to full duty status.  (February 2022)

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Administrative Separation Proceedings Terminated, Soldier Stays in Reserves

U.S. Army Reserve. A Specialist (E-4) in the Army Reserve was notified of involuntary administrative separation for Misconduct – Commission of a Serious Offense, after being arrested for assault and battery with a domestic partner. MJA submitted extensive written matters to the command showing the Soldier was actually the victim of the assault and that his charges were adjudicated and dismissed in civilian court. Based on this evidence, the separation authority approved a conditional waiver (suspended), terminating the separation action and allowing the Specialist to stay in the U.S. Army Reserve. (February 2022)

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Alleged Order Violation Unsubstantiated, Investigation Closed

Twentynine Palms, California. A Gunnery Sergeant (E-7) in the United States Marine Corps was under investigation for alleged violations of the Marine Corps Prohibited Activities and Conduct (PAC) order. During the investigation, MJA counseled the Marine and submitted written matters in support which undermined the false allegations and affirmed the Marine’s outstanding military character. After reviewing all the evidence, the allegations were unsubstantiated and the investigation closed. (February 2022)

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BCNR Removes Nonjudicial Punishment from Marine’s Military Personnel File

Board for Correction of Naval Records (BCNR). A Gunnery Sergeant (E-7) in the United States Marine Corps was awarded Nonjudicial Punishment (NJP) and issued a 6105 Counseling after being arrested for operating a motor vehicle under the influence of alcohol. MJA appealed the punishment on the basis that the Commanding Officer who imposed NJP failed to comply with JAGINST 5800.7F. The BCNR determined the NJP and counseling entry were invalid and removed them from the Marine’s OMPF. The BCNR further directed that a fitness report referring to the NJP be redacted to exclude any reference of the punishment. (January 2022)

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2021

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GOMOR Locally Filed and Destroyed, Army Major to Continue Military Career

1st Theater Sustainment Command, Middle East. An Army Major was issued a General Officer Memorandum of Reprimand (GOMOR) for allegations of extramarital sexual conduct. MJA worked closely with the client to rebut the allegations and stayed in constant communication, even as the client was transported out of the country. Together, the Officer and MJA collected more than 40 witness statements and character references in support. Further, MJA thoroughly explained the legal analysis required to substantiate an allegation of extramarital sexual conduct, which the command had not properly completed. The Officer’s GOMOR was locally filed and promptly destroyed when the Officer moved to their next assignment. (December 2021)

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Sergeant Found “Not Guilty” of All Charges at Court-Martial

Fort Hood, Texas. An Army Sergeant (E-5) was notified of Article 15 for allegedly violating Article 112a of the UCMJ. After meeting with counsel from MJA, the Sergeant refused Article 15 and demanded trial by court-martial. The command referred the case to a Special Court-Martial and added charges of violating the Army Regulation which prohibits use of hemp products. Counsel for MJA worked with TDS counsel and a forensic toxicologist to successfully defend the Sergeant at court-martial where he was fully acquitted of all charges and specifications. (October 2021)

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Court-Martial Charges Dismissed, Sailor Discharged Under Honorable Conditions

San Diego, California. A Petty Officer charged with multiple violations of the UCMJ sought help from MJA after being confined for more than three months pending charges and a court-martial. MJA contacted a senior Navy Mental Health expert involved with the Petty Officer’s case and convinced the expert to provide support for our client’s early release. MJA and the DSO attorney detailed to the case worked together to convince the commander to handle the case administratively and not take the Petty Officer to court-martial. The Petty Officer was released from the brig and received a General (Under Honorable Conditions) discharge immediately upon his release. (September 2021)

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Command Drops Administrative Separation Against Marine Reservist

New Orleans, Louisiana. A Lance Corporal (E-3) in the United States Marine Corps Reserves was notified of administrative separation due to an alleged pattern of misconduct. Faced with the possibility of receiving an Other Than Honorable discharge, the Marine retained MJA to fight the unjust separation action. MJA worked closely with the Marine to submit rebuttal matters showing that the basis for separation had not been met and that the Marine should be retained in the military. After reviewing the rebuttal, the commander changed his mind and terminated the separation action. (August 2021)

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Chief Warrant Officer Defeats Removal Action, Selected for Promotion

Fort Hood, Texas. An Army Chief Warrant Officer (CWO) sought help from MJA to fight a GOMOR and threats of elimination from the Army. MJA guided the CWO in gathering statements and other evidence to support the formal response submitted on his behalf. MJA then engaged with the command leadership and the CWO to ensure he had the full support of his chain of command and other mentors within his professional community. With MJA’s help, the CWO received formal notification of retention in the Army and has subsequently been selected for promotion to the next rank. (July 2021)

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First Lieutenant Prevails at Promotion Review Board, Promoted to Captain

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed General Officer Memorandum of Reprimand (GOMOR) for allegedly being drunk and disorderly in violation of United States Force Japan liberty policy. Based on the GOMOR, the 1LT was notified that his promotion to Captain would be delayed and reviewed by a Promotion Review Board (PRB). Facing the potential loss of rank, the 1LT retained MJA to defend against the allegations. MJA worked closely with the 1LT to gather evidence favorable to his case and submit a persuasive rebuttal to the PRB. Based on this rebuttal, the 1LT was retained on the promotion list and recently promoted to Captain. (July 2021)

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Navy Lieutenant Commander Fights Unfair Investigation

Norfolk, Virginia. A Navy Lieutenant Commander (0-4) received an unfavorable response from her command when concerns were raised about unfair personnel decisions and other actions impacting members of the command. With MJA’s help, the Lieutenant Commander challenged the findings and conclusions of the command investigation, allowing her to accept new orders and continue her career. (July 2021)

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GOMOR Withdrawn and Destroyed, Sergeant First Class to Continue Military Career

Army Reserve Support Command. An Army Sergeant First Class (E-7) was issued a General Officer Memorandum of Reprimand (GOMOR) for allegedly committing an aggravated sexual contact against another Soldier. Facing an administrative reprimand and potential follow-on Chapter Board, the Sergeant First Class retained MJA to defend against the false allegations. MJA immediately began its own investigation and uncovered exculpatory evidence showing that the Sergeant First Class did not commit the alleged offense. Then, the command took the extreme measure of reissuing the GOMOR and alleging a different date for its accusations. Again, through independent investigation and an exhaustive written explanation to the command of its many errors, MJA again disproved the allegation. Based on this evidence, the Commanding General withdrew and destroyed the GOMOR, allowing the Soldier to continue his military career. (July 2021)

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Favorable Result for Staff Sergeant at Administrative Board

Camp Lejeune, North Carolina. A Marine Staff Sergeant (E-6) was charged with multiple violations of the UCMJ stemming from allegations of misconduct in his workplace and personal life. MJA worked closely with the Staff Sergeant to ensure he received proper treatment for underlying medical issues while also preparing for his administrative hearing. At the board, MJA successfully demonstrated the Staff Sergeant deserved a discharge under honorable conditions which was suspended while he waits for his medical retirement to be approved. (June 2021)

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Army Major Successfully Challenges Administrative Action

Fort Knox, Kentucky. An Army Major facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately. MJA represented the Major in numerous interactions with the Staff Judge Advocate and Investigating Officer. MJA helped the Major craft a response to the GOMOR, resulting in a local filing and no other adverse impact for the Major.  (June 2021)

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Marine Refuses NJP for Alleged Drug Abuse, Honorably Discharged at EAS

MCAS Beaufort, South Carolina. A Corporal (E-4) suspected of violating Article 112a was notified that he could either accept nonjudicial punishment (NJP) and waive his administrative discharge board or face court-martial. After consulting with MJA, the Corporal refused NJP. Despite the threat of court-martial, the Marine was then notified that he would be administratively separated with a general discharge just weeks before his end of active service (EAS), jeopardizing his military benefits. MJA took immediate action and convinced the command to stop administrative processing. The Corporal never went to NJP or court-martial and, unlike other Marines facing the same allegations, was honorably discharged at his EAS. (June 2021)

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Marine SNCO Promoted After Challenging Charges

Camp Lejeune, North Carolina. A Marine Staff Sergeant (E-6) was notified of nonjudicial punishment (NJP) for allegedly violating Article 92 regarding actions he took while in the field. Working with MJA, the Staff Sergeant refused NJP and demanded trial by court-martial, explaining to his command that he had a lawful reason for his actions. MJA successfully convinced the command to handle the SNCO’s case administratively and restore his pending promotion to E-7. (June 2021)

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Marine Avoids Criminal Conviction, Receives Honorable Discharge

Camp Pendleton, California. A Corporal (E-4) was charged with hazing and several other violations of the PAC Order. MJA was hired after the Corporal was confined in the brig pending a General Court-Martial. MJA worked with detailed counsel to develop information challenging the most serious allegations being brought against the Corporal. MJA successfully negotiated a summary court-martial resolution, allowing the Corporal to accept responsibility for one minor offense while avoiding a federal criminal conviction. The Marine was released from the brig and discharged under honorable conditions. (May 2021)

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Soldier Awarded Probation, Receives VA Treatment and Help   

Fort Hood, Texas. An Army Staff Sergeant (E-6) was arrested near the Mexican border and charged with felony possession of narcotics in Texas courts. MJA conducted numerous interviews and performed an extensive investigation over approximately 15 months while the Soldier was pending charges and sentencing in Texas courts for alleged crimes carrying up to 20 years, if convicted. MJA worked with the State prosecutor to allow the Soldier’s combat experience and PTSD to be considered by the court. MJA represented the Soldier at numerous hearings before the court in South Texas and before a Chapter Board at Fort Hood. The Soldier received Shock Probation for the offenses in Texas courts and is working closely with the VA to receive treatment and care for his service-related injuries. (April 2021)

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Army Veteran’s Characterization of Service Upgraded to “Honorable”

Army Discharge Review Board. An Army Specialist (E-4) was involuntarily separated with a General discharge after receiving Article 15 punishment for allegedly failing to obey a lawful order and providing alcohol to an underage servicemember. MJA submitted a written petition to the Army Discharge Review Board (DRB) arguing that the servicemember should have received a Chapter Board hearing, and not been separated via notification procedures, because he had more than 6 years of creditable service including his time in the Delayed Entry Program. The DRB found that the Army failed to follow the proper discharge and separation procedures and upgraded the Soldier to a fully Honorable characterization of service. (April 2021)

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GOMOR Not Filed Permanently, Lieutenant to Continue Military Career 

Fort Campbell, Kentucky. An Army Second Lieutenant (O-1) was issued a General Officer Memorandum of Reprimand (GOMOR) for conduct unbecoming an officer after allegedly becoming involved with a woman not his wife and disobeying an order from his commander. The Lieutenant retained MJA to defend against the allegations. MJA worked closely with the Lieutenant to gather and submit extensive evidence to the command showing that he did not commit the alleged violations. Based on this evidence, the GOMOR was not filed permanently and the Lieutenant’s flags were removed, allowing him to continue his military career. (April 2021)

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Separation Board Canceled, Sailor Medically Retired with Honorable Discharge 

Naval Operations Support Center, San Antonio. A Petty Officer Class First Class (E-6) was notified of nonjudicial punishment for allegedly violating Article 92 by ignoring orders from her Chain of Command. The Petty Officer refused NJP and demanded trial by court-martial, explaining to her command that she had a lawful reason for refusing the orders. The command ignored MJA’s efforts to demonstrate the reasonableness of the Petty Officer’s response and sent a request for legal services requesting administrative separation. MJA represented the Sailor, and along with her detailed counsel, successfully fought to have the board hearing canceled. MJA’s efforts allowed the Sailor to retire medically with an honorable discharge. (April 2021)

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Senior Airman Acquitted of Rape and Abusive Sexual Contact

Spangdahlem Air Base, Germany. A Senior Airman (E-4) was falsely accused of committing rape and sexual assault against a fellow service member. MJA represented the Senior Airman at his Article 32 hearing and convinced the Preliminary Hearing Officer to recommend dismissal of the rape charge. At trial, MJA exposed the alleged victim’s false claim of sexual assault while being blacked out drunk as spurious and uncorroborated. MJA effectively cross-examined four Government witnesses who directly contradicted the alleged victim’s claim of heavy intoxication and impeached the alleged victim on the stand with forensic evidence found on her person and her clothes seized by OSI. The Military Judge who presided over the general court-martial deliberated for less than 30 minutes before coming back with a verdict of NOT GUILTY on all charges. (March 2021)

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Sergeant Returns to Full Duty After Command Dismisses Charges 

Camp Pendleton, California.  A Marine Sergeant (E-5) was notified of nonjudicial punishment for allegedly violating the PAC Order on numerous occasions and in a variety of ways. After meeting with counsel from MJA, the Sergeant refused NJP and demanded trial by court-martial. MJA interviewed numerous witnesses, met with lawyers for the command, and submitted written matters and statements on behalf of the Sergeant demonstrating his innocence. After Marine prosecutors filed charges in the case, MJA successfully convinced the command to withdraw and dismiss the charges against the Sergeant. (March 2021)

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Marine Released from Pretrial Confinement,  Avoids Court-Martial Conviction 

Camp Pendleton, California. A Marine Lance Corporal (E-3) was charged with violating Article 128 and related domestic violence charges. The command initially placed the Marine on pretrial restriction but later decided to place him in the brig pending trial. MJA met with the Marine’s family, interviewed the alleged victim and gathered evidence on behalf of the Marine. MJA used this evidence to secure the Marine’s release from confinement and convince the command to accept an administrative discharge in lieu of trial. The Marine and his family are thrilled that MJA helped him avoid a felony conviction for domestic violence. (March 2021)

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Navy Drops Involuntary Separation Action Against Sailor

Jacksonville, Florida. The Navy wrongly attempted to force a Petty Officer First Class (E-4) out of the service by alleging that he had “other physical or mental conditions” that did not qualify for referral to a Medical Evaluation Board. MJA collected evidence on the Sailor’s behalf which called into question the command’s actions and the military doctor’s motives, and explained the law and regulations requiring the command to drop the separation action and refer the Sailor to the Integrated Disability Evaluation System. Based on this evidence, the separation action was terminated. (March 2021)

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GOMOR Removed, Army Ranger Overcomes QMP

Fort Stewart, Georgia. An Army Ranger was arrested for DUI less safe after failing to submit to a field sobriety test. The Ranger was issued a General Officer Memorandum of Reprimand (GOMOR) related to the incident, stripped of his Ranger tab, removed from the promotion list, PCS’d to another duty station, and notified that he would be administratively discharged via the Army’s Qualitative Management Program (QMP). After the state court charges were dismissed, MJA worked diligently to have the GOMOR removed from the Soldier’s official record and to terminate his administrative separation under the QMP. With his name cleared, the Ranger was promoted to Sergeant First Class (E-7) and will continue his military career. (February 2021)

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Adsep Board Finds “No Basis” Against Sailor After Positive Urinalysis

Camp Pendleton, California. A Hospital Corpsman Second Class (E-5) was notified of nonjudicial punishment for allegedly violating Article 112a after testing positive for amphetamines. The Corpsman refused NJP and demanded trial by court-martial, explaining to his command that he had a lawful prescription for Adderall. MJA submitted extensive written matters on behalf of the Sailor demonstrating his innocence. The command, ignoring the evidence, sent a request for legal services requesting court-martial charges. MJA immediately worked with the Government prosecutor to not bring criminal charges and to refer the case to an administrative separation hearing. MJA represented the Corpsman at the board hearing and proved that the Sailor did not wrongfully use a controlled substance. The board voted unanimously to find NO BASIS for the alleged drug abuse. The Corpsman was retained on active duty and is excited to continue his military career. (February 2021)

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Article 15 Charges Dismissed, Drill Sergeant Honorably Discharged

Fort Jackson, South Carolina. An Army Drill Sergeant was removed from his duties and offered Article 15 punishment for allegedly engaging in prohibited relationships with multiple female trainees and obstructing justice. MJA advised the Soldier to refuse nonjudicial punishment, resulting in the charges being dropped and not referred to court-martial. Not satisfied, the command initiated a Chapter Board and requested that the Soldier be discharged under Other-Than-Honorable conditions. MJA successfully negotiated to cancel the Chapter Board and award the Soldier a fully Honorable discharge upon separation. (January 2021) 

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 2020 

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19. The Soldier was notified that he would receive a career killing GOMOR or nonjudicial punishment under Article 15. The Sergeant immediately retained MJA to defend against the false allegations. MJA worked closely with the Sergeant to gather and submit evidence to the command showing that he did not violate the ROM. Based on this evidence, the flag was removed, no Article 15 punishment was offered, and the case was closed favorably on behalf of the Sergeant. (November 2020)

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GOMOR Not Filed Permanently, Captain to Continue Military Career

Fort Stewart, Georgia. An Army Captain (O-3) was issued a General Officer Memorandum of Reprimand (GOMOR) for allegedly attempting to access adult pornographic websites on his government computer while on a government network in violation of Army Regulation 25-2, Army Cybersecurity. The Captain retained MJA to defend against the allegations. MJA worked closely with the Captain to gather and submit evidence to the command showing that he did not commit the alleged violations. Based on this evidence, the GOMOR was not filed permanently, allowing him to continue his military career. (November 2020)

RAF Mildenhall, United Kingdom. An Air Force pilot was notified of administrative discharge procedures for allegations of drug abuse. While pending separation, the Officer was arrested for DUI and awarded nonjudicial punishment and a letter of reprimand. MJA guided the Officer through the lengthy separation process and submitted extensive written matters in support. After much effort, the Officer was honorably discharged from the Air Force. (June 2020)

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 2019 

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Drill Instructor Retained on Active Duty at Separation Board

Marine Corps Recruit Depot Parris Island, South Carolina. After completing an investigation into recruit abuse, 25 charges were referred to a Special Court-Martial alleging violations of Articles 92, 117, and 128, UCMJ. After months of negotiations and pretrial workup, MJA got the charges dismissed in lieu of a lower forum, avoiding any possibility of a criminal conviction, confinement, or punitive discharge. Not satisfied, the Command then convened an Administrative Separation Board to determine whether the Drill Instructor should be separated from the Marine Corps. MJA represented the Drill Instructor at the Board which, after hearing the evidence and argument, deliberated for less than five minutes before retaining the Marine on active duty. (November 2019)

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Veteran’s Arrest Record Deleted from FBI Database

A former Army Captain (O-3) was falsely alleged of assault-consummated by battery while on active duty and “titled” as part of a CID investigation. After his discharge from the Army, this titling decision showed up as an arrest on a background check. MJA submitted multiple written matters showing that the Captain did not commit the alleged offense. Upon review, the U.S. Army Criminal Investigation Command agreed that the allegation of simple assault-consummated by battery was “unfounded” and deleted the Captain’s NCIC entry from the FBI’s database. (October 2019)

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Coast Guardsman Prevails at Administrative Separation Hearing

Training Center Petaluma, California. A Coast Guard Petty Officer Second Class (E-5) accepted nonjudicial punishment and was found guilty of dereliction of duty, false official statement, and obstructing justice. The Commanding Officer recommended administrative separation based on the NJP. MJA represented the Coast Guardsman at his administrative separation board hearing resulting in a finding of no misconduct and a recommendation for his retention on active duty. (October 2019)

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Marine Charged with Murder Released from Pretrial Confinement

Marine Corps Recruit Depot Parris Island, South Carolina. A Marine Corporal (E-4) was placed in pretrial confinement for allegations of murder, manslaughter, wrongfully discharging a firearm, and violating a lawful general order. At arraignment, MJA filed a motion to have their client released from confinement based on defects in the initial review hearing. The Military Judge found that the Initial Review Officer had abused his discretion by keeping the Marine in pretrial confinement and ordered the Corporal’s immediate release. The Marine was later awarded administrative confinement credit for the abuse. (September 2019)

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Rape Allegation Unsubstantiated at Chapter Board

U.S. Army Garrison Fort Bragg, North Carolina. An Army Specialist (E-4) was wrongfully accused of raping the wife of a fellow Soldier. MJA represented the Specialist at a Chapter Board during which MJA discredited the Government’s key witnesses and introduced evidence of the Soldier’s innocence. The Board determined the allegations were unsubstantiated and retained the Specialist in the Army. (August 2019)

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Air Force NCO Defeats False Child Sexual Assault Allegations

Spangdahlem Air Base, Germany. Air Force Staff Sergeant (E-5) was wrongfully accused of sexually assaulting his daughter. After months of preparation, MJA defended the Staff Sergeant at his administrative separation board hearing. MJA convinced the board members that each of the four alleged bases were false, resulting in a finding of no basis. The Staff Sergeant will pick up Technical Sergeant next month! (August 2019)

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Soldier Charged with Rape Released from Pretrial Confinement

U.S. Army Garrison Fort Hood, Texas. An Army Private Second Class (PV2) was placed in pretrial confinement for allegations of rape and sexual assault in violation of Article 120, UCMJ. MJA successfully represented the Soldier at his Pretrial Confinement Review hearing resulting in his release from confinement. (August 2019)

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ROTC Cadet Facing Disenrollment Allowed to Commission

An Air Force ROTC Cadet close to graduation was notified of Administrative Disenrollment after receiving two military conditional events. After gathering extensive evidence in support of the Cadet, making a personal appearance, and submitting multiple written matters to the command, MJA convinced senior commanders that Disenrollement was not warranted. The Cadet was retained in the ROTC and will commission in the Fall. (July 2019)

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Army Staff Sergeant Fully Acquitted of Rape of a Minor

U.S. Army Garrison Fort Lee, Virginia. Army Staff Sergeant (E-6) with more than 13 years of honorable service was accused of assaulting and raping his step-daughter. The Staff Sergeant, facing decades of confinement, dishonorable discharge, and mandatory sexual offender registration if convicted, was found not guilty by a Military Judge of all charges and specifications. (June 2019)

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Sailor Honorably Discharged After Testing Positive for Cocaine 

Naval Station Norfolk, Virginia. A Petty Officer Third Class (E-4) approaching his End of Active Obligated Service tested positive for cocaine. The Sailor avoided trial by court-martial and received an Honorable discharge after reaching his end of enlistment. (June 2019)

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Army Veteran Receives Discharge Upgrade to Honorable

Army Discharge Review Board. An Army Specialist (E-4) was involuntarily separated with a General discharge after receiving Article 15 punishment for a DUI and being Absent Without Leave. The Soldier was later diagnosed with service-connected mental health disorders and appealed his discharge. MJA represented the veteran in front of the Army Discharge Review Board and successfully argued for a discharge upgrade to Honorable. (April 2019)

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Sexual Assault Charges Dropped Against Senior Airman

Joint Base Langley-Eustis, Virginia. An Air Force Senior Airman (E-4) accused of sexual assaulting another Airman had charges dropped by the Convening Authority. (February 2019)

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Corporal Facing Loss of GI-Bill Honorably Discharged

Marine Corps Base Quantico, Virginia. A Marine Corporal (E-4) was recommended for involuntary administrative separation with a General discharge due to Condition Not a Disability. Facing the loss of the GI Bill, the Corporal retained MJA who convinced the command to change its recommendation. The Corporal received an Honorable Discharge upon separation. (January 2019)

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2018

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Army Specialist Fully Acquitted of Rape and Strangulation

U.S. Army Garrison Vicenza (Caserma Ederle), Italy. Army Specialist (E-4) accused by his spouse of rape and strangulation was fully acquitted by a military panel of his peers.  A highly complex case to defend, with over 20 witnesses from Army, Air Force and Carabinieri, forensic expert testimony, and confessions and admissions by the accused. (December 2018)

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Senior Airman Not Guilty of Sexual Assault of Another Airman

Joint Base Charleston, South Carolina. A Senior Airman (E-4) accused by a fellow Airman of sexual assault was found not guilty by the presiding Military Judge, avoiding Brig time, punitive discharge, and any requirements to register as a sex offender. (November 2018)

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Court-Martial Sentence Disapproved During Clemency, Marine Honorably Discharged

U.S. Army Garrison Fort Leonard Wood, Missouri. A Marine Corporal (E-4) was tried at a Special Court-Martial for violating a lawful general order, abusive sexual contact, indecent exposure, and assault consummated by battery. MJA aggressively defended the Marine at trial resulting in his acquittal of all charges and specifications except for the orders violations. MJA later convinced the Commanding Officer to disapprove the adjudged sentence during clemency. The client was Honorably discharged from the Marine Corps. (September 2018)

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Motion to Suppress Evidence Granted, Evidence on iPhone Excluded

U.S. Army Garrison Vicenza (Caserma Ederle), Italy. MJA filed a motion to exclude all evidence obtained from a client’s iPhone due to an unlawful search by law enforcement. The Military Judge found that CID exceeded the scope of their search authorization and did not obtain the accused’s consent to search his phone. Accordingly, the Court granted the Defense Motion to Suppress, thereby preventing the Government from introducing evidence obtained from the client’s iPhone. (September 2018)

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Marine Lance Corporal Retained on Active Duty

Marine Corps Base Camp Pendleton, California. A Marine Lance Corporal was facing involuntary administrative separation due to a pattern of misconduct. If separated, the Marine risked losing his career and important benefits. MJA was able to rebut the alleged reasons for separation and convince the command to retain the Marine on active duty. (August 2018)

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Army Applicant Allowed to Enlist After False-Positive Urinalysis

Virginia. An Army applicant was disqualified from enlisting after his MEPS urinalysis tested positive for drugs. MJA worked tirelessly with MEPs and the applicant’s recruiting command to prove that the urinalysis result was a false-positive which did not disqualify the applicant from retesting. The applicant was allowed to retest, which he passed, and later shipped to basic training where he served with distinction. (July 2018)

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Army Cadre Acquitted of Sexual Assault Allegations by Trainee 

U.S. Army Garrison Fort Lee, Virginia. An Army Cadre was accused of sexually assaulting an AIT trainee and violating a TRADOC Regulation. At a trial by General Court-Martial, the Soldier faced the possibility of a dishonorable discharge, decades of confinement, and mandatory sex-offender registration if convicted. Despite the alleged victim’s testimony at trial and the Soldier’s videotaped statement to CID, MJA dismantled the government’s case and called multiple character on behalf of the Soldier. One charge was dismissed at trial by the military judge, while the jury found the Soldier not guilty on all remaining charges and specifications. The Soldier later reenlisted in the Army. (June 2018)

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Sailor’s Positive Urinalysis Ruled Determined Not Wrongful

Marine Corps Air Station Cherry Point, North Carolina. A Hospitalman (E-3) tested positive for hydrocodone on a urinalysis and was notified of nonjudicial punishment. MJA submitted proof to the command that the substance had been unknowingly ingested by the Sailor. Based on this evidence, the Commanding Officer determined that the positive urinalysis was not due to wrongful use, allowing the Sailor to remain on active duty. (May 2018)

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Charges Dismissed Against Drill Sergeant Charged with Sexual Assault of a Trainee

U.S. Army Training Center Fort Jackson, South Carolina. A Sergeant First Class (E-7), charged with sexual assault of a trainee, had all of his charges dismissed by the Military Judge three weeks before his General Court Martial. (April 2018)

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Chief Petty Officer Retained in Navy After Positive Urinalysis

Naval Health Clinic New England, Newport, Rhode Island. A Chief Petty Officer (E-7), who failed a urinalysis, was retained in the Navy. (March 2018)

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Marine Special Forces Operator Retained in Service After Failed Urinalysis

Marine Corps Base Camp Lejeune, North Carolina. A Staff Sergeant attached to the 3d Marine Raider Battalion was retained at his Administrative Separation Board. MJA convinced the Board that the allegations of wrongful use of cocaine were not substantiated. (February 2018)

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Previous Years

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Marine Corporal Tested Positive for THC Found Not Guilty

Marine Corps Base Quantico, Virginia.  A Marine Corporal (E-4) who tested positive for marijuana was acquitted by the military judge. The Marine Corporal received an Honorable discharge after reaching the end of his term of enlistment.

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Staff Sergeant Acquitted of Sexual Assault, Honorably Discharged

U.S. Army Garrison Fort Leonard Wood, Missouri.  A Marine Staff Sergeant (E-6) was charged with sexual assault, sexual harassment, maltreatment, larceny, fraternization, and dereliction of duty.  In a classic case of “he-said-she-said”, the Staff Sergeant was acquitted of everything except for fraternization and dereliction and received no punitive discharge.  The Marine was Honorably discharged at his end of active service.

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Marine Sergeant Acquitted of Sexual Assault

A Marine Sergeant (E-5) faced decades of confinement and lifetime sex offender registration for alleged sexual assault of another Marine. MJA successfully defended the case at a General Court-Martial, and the Marine was found not guilty on all sex crime charges. The Marine spent no time in confinement and was not required to register as a sex offender.

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All Charges Dropped for Marine NCO Facing Life-Sentence

A Marine Corporal (E-4) accused of sexual assault and reckless endangerment of another Marine faced a life sentence and sex offender registration. MJA successfully had all charges dropped and the Marine was allowed to separate with a general discharge.

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Retirement Saved for First Sergeant

Dobbins Air Reserve Base, Marietta, Georgia.  A First Sergeant in the United States Marine Corps was accused of defrauding the federal government of nearly $30,000 worth of pay and allowances. Facing nearly 70 federal convictions, jail time, and a punitive discharge from the Marine Corps, the First Sergeant  plead guilty to only three charges. At sentencing, he was awarded 89 days of confinement, reduction to Gunnery Sergeant, and four months of forfeitures; however, he was able to Honorably retire from the Marine Corps shortly after trial.

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Lance Corporal Avoids Life-Sentence

A Lance Corporal (E-3) in the United States Marine Corps faced confinement for life on charges of espionage, stealing government property, and use of a controlled substance. MJA successfully negotiated a plea agreement dismissing the charges of espionage and theft of government property. The Marine avoided a life sentence and was administratively discharged from the service.

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Full Acquittal for NCO Accused of Sexual Assault

A Marine Corporal (E-4) accused of sexually assaulting an Army soldier faced decades of confinement and lifetime registration as a sex offender. MJA successfully defended the case at a General Court-Martial, and the Marine was acquitted of all sex crime charges. The Marine was later medically discharged under Honorable discharge.

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Staff Sergeant Acquitted of Misuse of Government Travel Charge Card

A Marine Staff Sergeant (E-6) accused of defrauding the Federal Government of $14,000 in government travel credit card charges faced nearly a decade in confinement and a punitive discharge. At a contested General Court-Martial, the Staff Sergeant was found not guilty of all charges.

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Navy Petty Officer Saved from Punitive Discharge

A U.S. Navy Petty Officer First Class was accused of defrauding the government of several thousands of dollars. At trial, one of the three charges was dismissed by the military judge, and the client was acquitted of another. The Petty Officer was convicted of an orders violation but received no confinement, no punitive discharge, and no forfeitures. Two years later, the Petty Officer was Honorably discharged from the Navy.

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Army Specialist Found Not Guilty of Sex Crimes

U.S. Army Garrison Fort Bragg, North Carolina.  An Army Specialist (E-4) was accused of sexual assault and other sex crimes by the wife of another Soldier.  Over two years after the initial allegation, the Specialist had his day in court where he was found not guilty by a military judge. MJA successfully dismantled the Government’s case in such a way that no evidence needed to be offered in the Defense case-in-chief. 

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Full Acquittal of Marine Staff NCO for Hazing

Marine Corps Recruit Depot Parris Island, South Carolina.  A Marine Staff Sergeant (E-6) was found not guilty by the members of a General Court-Martial on all charges of hazing, blood striping, pinning, and condoning such behavior of several NCOs while deployed. The Marine was promoted to Gunnery Sergeant (E-7) the following month and allowed to re-enlist.

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Marine NCO Found Not Guilty of Sexual Assault

Marine Corps Recruit Depot Parris Island, South Carolina.  A Marine Corporal (E-4) was accused of sexual assaulting a woman while she slept in her marital bed. At trial by General Court-Martial, MJA was able to dismantle the convening authority’s case during cross examination of the alleged victim, and the members found the Marine not guilty of all charges.

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Drill Instructor Receives No Punishment on 15 Specifications

Marine Corps Recruit Depot Parris Island, South Carolina.  A Marine Drill Instructor was charged with 15 specifications of hazing, maltreatment, and orders violations of nine Recruits. MJA successfully obtained the dismissal of 14 specifications, and the Marine Sergeant received no punishment after conviction of only 1 specification at General Court-Martial.

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Gunnery Sergeant Receives No Punishment for Larceny Charges

A Marine Gunnery Sergeant (E-7) received no punishment after facing several decades of brig time and a punitive discharge for writing $16,000 in bad checks. The Gunnery Sergeant later retired with an Honorable discharge.

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Twenty-one (21) Separate Charges Withdrawn from Court-Martial

Marine Corps Air Station Beaufort, South Carolina.  A Marine Staff Sergeant (E-6) facing 21 separate charges of hazing, maltreatment, and orders violations be withdrawn for a Marine Staff Sergeant (E-6). All charges were disposed of by administrative hearing, and the command was prohibited from involuntarily discharging the Marine based on the conduct. The Marine received an Honorable discharge.

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All Charges Dropped for Army Staff Sergeant 

An Army Staff Sergeant (E-6) accused of 8 counts of sex crimes against 5 victims faced decades of confinement. MJA investigated the case and obtained statements from 4 victims recanting the story. MJA carried our findings to the convening authority, an Army Major General (O-8), and successfully had the charges dismissed pre-trial.

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Marine Corporal Acquitted of Sexual Assault

Marine Corps Base Quantico, Virginia.  A Marine Corporal was acquitted of assault and sexual assault of another Marine.  The Military Judge took less than one hour to find the Corporal not guilty of the charges and specifications at a General Court Martial.

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Army Major Acquitted of Sexual Assault

U.S. Army Training Center & Fort Jackson, Columbia, South Carolina.  A decorated Army Major (O-4) was accused of sexually assaulting another officer nearly three years after the alleged incident.  A panel of members at General Court-Martial found the Major not guilty on all charges.

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Major Awarded No Confinement or Dismissal, Allowed to Retire

A Marine Major (O-4) faced almost 10 confinement years and Dismissal for several orders violations, fraternization, adultery, and computer crimes. MJA negotiated a plea agreement whereby the Marine received no confinement or dismissal. The Marine later retired honorably.

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Corporal Acquitted of Assaulting Wife and Son with a Loaded Firearm

Marine Corps Air Station Beaufort, South Carolina.  A Marine Corporal (E-4) was accused of assaulting his wife and two-year-old son with a loaded firearm while on base. The Corporal faced nearly twenty years in confinement, dishonorable discharge, and the likelihood of separation from his son. The Corporal was acquitted of all charges and deployed with his unit after trial.

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Marine Found Not Guilty of Aggravated Assault

Marine Corps Air Station Beaufort, South Carolina.  A Marine Corporal (E-4) was accused at a General Court-Martial of aggravated assault on his 27-day-old son. The Corporal faced nearly a decade of confinement and a dishonorable discharge from the Marine Corps.  He was fully acquitted at trial.