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.
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)
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 work 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)
GOMOR Withdrawn and Destroyed, Specialist to Continue Military Career
Army Reserve Support Command. An Army Specialist (E-4) 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 Specialist retained MJA to defend against the false allegations. MJA immediately began its own investigation and uncovered exculpatory evidence showing that the Specialist did not commit the alleged offense. Based on this evidence, the Commanding General withdrew and destroyed the GOMOR, allowing the Soldier to continue his military career. (July 2021)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Marine Corps Air Station Cherry Point, North Carolina. A Marine Corporal (E-4) accused of violating Article 134, UCMJ, was placed in pretrial confinement. MJA was retained to represent the Marine at his confinement review hearing. After hearing arguments from MJA, the Initial Review Officer found that continued pretrial confinement was not appropriate under the circumstances and released our client from the brig. The Marine can now prepare for his court-martial. (December 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)
Fort Bragg, North Carolina. An Army Sergeant (E-5) nearing his ETS was flagged after being falsely accused of violating Article 120, UCMJ. The Sergeant immediately retained MJA to defend against the allegations. After enduring months of a CID investigation, the command agreed with MJA that there was not enough evidence to proceed to court-martial. The Article 120 allegations were dismissed and the Sergeant was administratively punished, resulting in a single day of extra duty. The Sergeant separated from the Army at his ETS with an honorable discharge. (November 2020)
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)
Naval Station San Diego, California. MJA successfully defended a Navy Lieutenant Commander (LCDR) accused of fraternization and substandard performance at a Board of Inquiry (BOI). During the BOI, the government tried to raise old and unfair allegations to prejudice the panel members but MJA aggressively fought the allegations. After hearing all the evidence, the board voted to retain the LCDR on active duty. (October 2020)
Camp Lejeune, North Carolina. A Marine Corporal (E-4) was accused of multiple violations of the UCMJ to include possession of narcotics and steroids in violation of Articles 112a and 92, UCMJ. The Corporal wanted to stay in the Marine Corps and retained MJA to help preserve his rights throughout the process. MJA worked with the Corporal to gather witness statements to show he never used drugs or possessed illegal drugs with the intent to use them. As a result of MJA’s efforts, the Corporal was found not guilty of the allegations at NJP and will not be administratively separated from the Marine Corps. The Corporal is happy for the opportunity to finish his enlistment. (October 2020)
Naval Station San Diego, California. A Navy Captain (0-6) was ordered to show cause at a Board of Inquiry (BOI) following his detachment for cause (DFC). MJA worked closely with detailed military counsel to provide the members of the BOI with a full and more fair accounting of the events leading up to the DFC. The board voted unanimously to find no basis for any of the three allegations of substandard performance of duty. The 0-6 was retained on active duty and is excited for the opportunity to continue to serve. (October 2020)
Camp Lejeune, North Carolina. A Marine Corporal (E-4) was falsely accused of hazing and his promotion to E-5 was withheld pending the outcome of the investigation. The Corporal adamantly denied any wrongdoing and retained MJA to defend against the false allegations. MJA filed a rebuttal on behalf of the Corporal and provided information to the command to show there was not enough evidence to substantiate the allegations. The command agreed and closed the investigation without action. MJA and the command are working to ensure the Corporal’s promotion to E-5 is backdated to the date he was falsely accused. (October 2020)
Naval Base Coronado, California. A Navy Senior Chief (E-8) was investigated for more than two years by NCIS alleging numerous UCMJ violations. Military Justice Attorneys represented the Senior Chief at his Article 32 hearing, securing a recommendation from the Preliminary Hearing Officer encouraging administrative action. Navy Command ignored the recommendation and referred the case to a General Court-Martial. MJA successfully negotiated for the Senior Chief to accept administrative punishment with no loss of rank and for him to be able to retire. (September 2020)
Virginia Beach, Virginia. A Petty Officer Third Class (E-4) tested positive for THC following a random urinalysis. The Sailor was notified of NJP where, if convicted, he faced the possibility of reduction in rank, restriction, and administrative separation from the Navy. The Sailor retained MJA the night before his nonjudicial punishment proceeding. After obtaining an extension, MJA provided evidence to the command showing that the Sailor had innocently ingested THC infused candy. This was confirmed by multiple witnesses and the Sailor’s exemplary military character. Based on this evidence, the Commanding Officer found the Sailor not guilty at NJP. He determined that the positive urinalysis was not a drug abuse incident requiring mandatory separation processing. With his name cleared, the Sailor will be allowed to continue his career in the Navy. (August 2020)
Fort Stewart, Georgia. An Army Specialist (E-4) was charged at general court-martial with violating Article 120b (sexual abuse of a child) for allegedly committing a lewd act in the presence of a teenager. The Specialist was convinced to sign a plea agreement which would require him to plead guilty and result in his conviction, confinement, dishonorable discharge, and likely sex offender registration. The Specialist retained MJA the night before his scheduled plea. MJA immediately withdrew from the plea agreement and requested a continuance. MJA then began investigating the allegations. MJA discovered previously unknown evidence showing that the complainant had made false allegations against the client and other young men. A general court-martial trial was held almost three years after the charged incident. At trial, MJA exposed the numerous lies and inconsistencies in the alleged victim’s statement, and attacked an unlawfully obtained “confession” by the accused. The jury deliberated for less than an hour before finding the Specialist NOT GUILTY on all charges and specifications. The Specialist will be promoted to Sergeant and continue his military career. (August 2020)
Camp Lejeune, North Carolina. A Lance Corporal (E-3) serving his first enlistment tested positive for cocaine following an all-hands urinalysis. The Marine was notified of involuntary administrative separation and convinced by his command to sign a board waiver, allowing him to receive an Other than Honorable (OTH) characterization of service. MJA was retained days before the Marine’s separation. MJA immediately withdrew the board waiver and requested an extension of time to submit matters in rebuttal. MJA then provided evidence to show that the Marine had not used cocaine and that the urinalysis result was in error. The Marine was retained on active duty and allowed to continue his military service. (August 2020)
Norfolk, Virginia. A Petty Officer First Class (E-6) tested positive for cocaine twice following two all-hands urinalyses. The Sailor, who had served in the Navy for almost 18 years, was notified of nonjudicial punishment (NJP) and was facing potential involuntary administrative separation from the Navy. MJA conducted an investigation to uncover evidence favorable to our case and to show that the Sailor innocently ingested cocaine by drinking coca tea from Peru. Scientific studies conclusively link consumption of coca tea with positive drug tests for cocaine. Based on the evidence submitted by MJA, the Sailor was found not guilty at NJP and will remain on active duty to finish his career. (August 2020)
U.S. Army Garrison Fort Hood, Texas. A Private Second Class (E-2) accused by two separate women of multiple counts of rape and sexual assault spent almost nine months in jail for offenses he did not commit. Military Justice Attorneys worked with private investigators and experts prior to trial to develop information favorable to our case and to show the allegations against the Soldier were not true. MJA successfully defended the Soldier at a week long contested court-martial where he was found not guilty on all charges. MJA later helped secure a transfer from his old unit so the Soldier can get a fresh start with a new unit. (July 2020)
Marine Corps Base Camp Pendleton, California. A Marine Lance Corporal (E-3) accused of domestic violence and other charges was confined in the Navy brig for the alleged misconduct. The command brought charges to an Article 32 hearing with recommendations for a General Court-Martial. Military Justice Attorneys worked with the family to get statements from all the parties urging the command to hold the Marine accountable in other ways. Summary Court-Martial (which is not a criminal conviction) was approved by the commander and MJA successfully fought for the Marine’s release from confinement. The Marine later received a fully honorable discharge. (July 2020)
Sheppard Air Force Base, Texas. An Airman First Class (E-3) was charged at general court-martial with sexually assaulting a female Airman in his training squadron. While pending trial, the command preferred an additional charge alleging that the Airman committed indecent conduct with another female Airman. Military Justice Attorneys represented the Airman at his Article 32 hearing and secured a finding that two of the sexual assault allegations were not supported by probable cause. MJA then prevented the Government from joining the new charge to the court-martial. MJA convinced the command to dismiss all charges and specifications from court-martial and resolve the matter administratively, thereby preventing any possibility of a criminal conviction, confinement, dishonorable discharge, or sex offender registration. (July 2020)
U.S. Army Garrison Fort Hood, Texas. An Army Major (O-4) accused of sending inappropriate and inflammatory comments over social media was ordered to Show Cause for retention in the service. After 15 years of honorable service, the Army leadership questioned whether posting a comment critical of Army policy warranted reprimand and discharge from the service. Military Justice Attorneys helped this fine officer demonstrate the value he still has for future service. The board found no misconduct and recommended that the Major be retained in the service. (June 2020)
Camp Lejeune, North Carolina. A Marine Raider pending criminal charges in state court was notified by the separation authority that he might receive a general (under honorable conditions) characterization of service upon his end of active service (EAS). In response, MJA submitted extensive written matters and evidence in support of the Marine, arguing that an honorable characterization of service was appropriate given the totality of the Marine’s enlistment. The separation authority agreed and awarded the Marine an honorable discharge upon his EAS. (June 2020)
Fort Jackson, South Carolina. An Army Drill Sergeant was removed from his duties and charged at Special Court-Martial for allegedly assaulting and maltreating a Trainee, among other charges. MJA successfully got the charges dismissed from court-martial in favor of nonjudicial punishment, avoiding any possibility of a criminal conviction, confinement, or punitive discharge. MJA then represented the Drill Sergeant at Article 15 proceedings where he was found not guilty of assault and maltreatment. The Soldier’s suspension and removal from Drill Sergeant duties was withdrawn and his special duty pay reinstated with back pay. The Soldier may once again wear his Drill Sergeant Identification Badge and can now continue his military career. (June 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)
Portsmouth, Virginia. A Navy Lieutenant Commander (O-4) was offered nonjudicial punishment for alleged violations of Articles 92 and 133, UCMJ. The LCDR refused NJP and was notified that a report of misconduct would be sent to Navy Personnel Command (PERS) requesting the LCDR’s promotion removal and recommending that the LCDR be required to show cause for retention in the naval service. Military Justice Attorneys conducted an independent investigation which uncovered exculpatory evidence previously unknown to the command. Based on this evidence, the Commanding Officer withdrew the NJP charges and routed a report of no misconduct to PERS to remove the flag from the officer’s record. (May 2020)
Marine Corps Base Camp Pendleton, California. A Marine Lance Corporal (E-3) accused of assault, orders violations, and false official statements was placed in pretrial confinement. MJA was retained to represent the Marine at his confinement review hearing. The Initial Review Officer, after hearing from a CID Agent and a command representative arguing to keep the Marine in the brig, found continued further pretrial confinement was not appropriate under the circumstances. MJA collected statements from key witnesses prior to the hearing to help the Review Officer find in favor of releasing our client. (May 2020)
Board for Correction of Naval Records. A Sailor discharged from the Navy in 1987 for a pattern of misconduct spent over 30 years with an other than honorable (OTH) characterization of service. After repeatedly being denied VA healthcare treatment because his discharge was not under honorable conditions, the Veteran retained MJA. MJA filed a petition with the Board for Correction of Naval Records arguing that the discharge and characterization of service were improper and inequitable. The Board agreed and awarded the Veteran an honorable discharge. (April 2020)
Servicemembers Civil Relief Act. An Army Officer leased a motor vehicle from a major car dealer and subsequently received orders to deploy overseas. After speaking with JAG, the Officer attempted to terminate his lease under the SCRA but was told by the dealer that he did not comply with lease termination requirements. MJA intervened and provided evidence that the automobile dealer failed to properly terminate the lease and did not timely refund money owed under the SCRA, including capitalized cost reduction (CCR) payments prepaid by the Officer. The dealer terminated the lease and paid monetary damages to the service member. (March 2020)
Joint Base Charleston, South Carolina. A Senior Airman (E-4) accused of negligent homicide and unlawful drug use/possession faced years of confinement and a punitive discharge. After being retained, MJA successfully negotiated an agreement to withdraw and dismiss the charges of negligent homicide and drug possession, allowing the client to plead guilty to only a single charge of unlawful drug use. During sentencing, MJA persuaded the Court to award the Senior Airman confinement of only 2 months, reduction of one pay grade, and a letter of reprimand. The Senior Airman was not punitively discharged and is eligible to finish his enlistment. (December 2019)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Sentence Disapproved During Clemency
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)
Motion to Suppress Evidence Granted
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)
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)
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)
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)
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)
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)
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)
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)
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.
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.
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.
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.
Retirement Saved for First Sergeant
Dobbins Air Reserve Base, Marietta, Georgia. A Marine First Sergeant 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.
Lance Corporal Avoids Life-Sentence
A Marine Lance Corporal (E-3) 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.
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.
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.
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.
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.
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.
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.
Drill Instructor Received 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.
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.
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.
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.
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.
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.
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.
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.
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.