It was an exciting, fast-paced, and ground-breaking year for MJA filled with battles won, clients we were proud to represent, and expansion into new and exciting practice areas.
In 2024, MJA fought victoriously for clients at courts-martial, administrative separation boards, and the military’s correction boards, as well as defended service members facing a host of adverse administrative actions—with specular results. MJA also represented active-duty service members and veterans in federal litigation for claims arising under the Servicemembers Civil Relief Act (SCRA), Camp Lejeune Justice Act, and Defense Base Act.
Through it all, MJA has worked diligently to provide our clients with the highest quality representation and to fulfill our mission to Defend Those Who Defend Us.
COURT-MARTIAL DEFENSE
MJA’s court-martial practice saw continued success in 2024, resulting in huge wins for clients including non-prosecutions and the dismissal of charges from numerous courts-martial.
One memorable case involved a non-commissioned officer in the United Sates Air Force who was charged at general court-martial for allegations of sexual assault in violation of Article 120, UCMJ. MJA worked closely with the client throughout the trial and even pre-trial phases, including the felony investigation by the Air Force OSI and the Article 32 pre-trial investigation. MJA aggressively defended the client and litigated every aspect of the Government’ prosecution. At trial, all charges and specifications were withdrawn and dismissed “with prejudice” based on new developments in the case. The Airman’s Commander directed that no further adverse action be taken against the client and that his personnel hold be lifted, allowing him to continue to serve honorably in the Air Force.
MJA successfully fought for dismissal of charges in numerous other courts-martial across the Department of Defense with allegations ranging from drug abuse to sexual assault, resulting in careers and retirements being saved. Court-martial defense remains at the heart of MJA’s military law practice. It means the world to us that we are able to know our clients personally, fight for them in their darkest hour, and share in their celebration when we succeed!
ADMINISTRATIVE SEPARATION DEFENSE
MJA successfully represented numerous service members facing administrative separation in 2024, including multiple findings of “NO BASIS” for service members who tested positive for “Delta 8” THC.
In one case, a senior enlisted member in the United States Navy was processed for involuntary administrative separation after testing positive on a urinalysis for Delta-8 Tetrahydrocannabinol (THC 8). MJA argued key evidence which supported innocent (i.e., unknowing) ingestion of a hemp-derived substance lawfully sold and commonly found in vapes, edibles, and lotions. In light of the evidence—including character witness testimony—and the oral presentation of MJA counsel, the Administrative Separation Board had no choice but to find that the Government's evidence was insufficient to establish any basis for separation. The Board denied the command's recommendation for substantiation and retained the Sailor on active duty.
In another case, a Specialist in the United States Army was threatened with potentially career-ending consequences after testing positive for THC-8. After engaging the Soldier’s leadership, the command elected not to prefer charges to court-martial or take the Soldier to a separation board. MJA represented the client as their spokesperson at nonjudicial punishment in accordance with the Manual for Courts-Martial, UCMJ, and Army Regulation 27-10 and 15-6. In light of the rebuttal matters submitted to the Commander for consideration, the Commander directed that all rank reduction and forfeitures be suspended and that the Soldier be recommended for retention. Involuntary administrative separation was not initiated.
In a case involving a reservist, a non-commissioned officer in the United States Navy Reserve was threatened with an involuntary administrative separation and Other than Honorable (OTH) characterization of service after testing positive for Delta-8 Tetrahydrocannabinol (THC 8) on three occasions. MJA represented the Sailor at the board hearing and presented a compelling case of innocent ingestion of the substance. After hearing all the evidence, the Board determined that the Government’s evidence was insufficient to establish any basis for separation and retained the client in the United States Navy Reserve.
These are just a few of the many results MJA saw in its administrative separation defense. MJA is honored to fight for the careers of servicemembers.
ADMINISTRATIVE REBUTTALS / APPEALS
In our administrative rebuttals and appeals practice, MJA helped numerous service members in 2024 overcome adverse administrative actions they were facing.
In one case, a senior enlisted Sailor in the United States Navy Reserve was improperly issued an adverse evaluation and counseling record for inclusion in his permanent military record. MJA expertly advised the client on the process for requesting redress, or filing a Complaint of Wrongs, pursuant to Navy Regulation and the Uniform Code of Military Justice. On behalf of the client, MJA submitted to the Commanding Officer a request for redress. After carefully considering the facts and circumstances, as well as the firm’s legal analysis, the Commanding Officer granted the requested redress. This extremely favorable outcome will allow the Sailor to be meaningfully considered for promotion and to advance their military career.
In another case, a Specialist in the Army National Guard was threatened with dismissal from an Army school following a formal Army Regulation (AR) 15-6 investigation into alleged use and possession of contraband/nicotine, as prohibited by the military school, in violation of Article 92, UCMJ. MJA worked closely with the client and witnesses to avoid such career-ending consequences. MJA responded to the false allegations with the proper tone and highlighted key evidence in defense. In light of MJA’s rebuttal, the Commander directed that no permanent adverse action be taken against the client. The client graduated without any loss of rank or pay and will now be permitted to continue their Honorable service in the Army National Guard
In other administrative actions, MJA successfully worked to get sexual harassment allegations unsubstantiated, GOMORs rescinded or locally filed, and other adverse actions terminated.
MILITARY CORRECTION BOARD APPEALS
At the military’s correction boards, MJA helped clients upgrade their characterization of service, expunge titling and indexing determinations, and remove unfavorable records from their official military records.
In a case before the Naval Discharge Review Board (NDRB), MJA represented a former Marine Corporal who was discharged with an Other than Honorable (OTH) characterization of service after receiving two NJPs and multiple counselings for violating Article 86 (AWOL) and 92 (Orders Violation), UCMJ. MJA provided substantial evidence to the NDRB that the Marine's rights were violated during the separation process and that an OTH discharge was unjust under the circumstances. The NDRB agreed with MJA that the Marine's service met the standards of acceptable conduct and performance and that MJA submitted substantial credible evidence to rebut the presumption of regularity in government affairs. Based on these findings, the Board unanimously determined that an OTH discharge was inequitable and upgraded the Marine to a FULLY HONORABLE characterization of service.
In another case, MAJ represented a Sergeant in the United States Army before the Army Discharge Review Board (ADRB). The Sergeant was administratively separated for misconduct (serious offense) under AR 635-200 and given a General (Under Honorable Conditions) discharge, separation code JKQ, and reentry code 3 after refusing to take the COVID-19 vaccine. MJA petitioned the ADRB for a discharge upgrade. The Board determined that the Soldier’s discharge was inequitable and upgraded the Soldier’s characterization of service to fully “Honorable”, changed the narrative reason for separation to “Completion of Required Active Service”, changed the separation code to “KBK”, and changed reentry code to RE-1 which would allow the Soldier to rejoin the military should he so choose.
Titling appeals, in particular, are extremely difficult. In one memorable case, MJA represented a former Marine who was voluntarily released from active duty, seemingly in good standing. However, criminal background checks showed otherwise, as the former NCO was investigated by NCIS for felony allegations of sexual assault while on active duty. MJA partnered with the client to clear their good name and reputation. Even post-service, the client’s name populated the subject block of the related NCIS investigation that appeared on criminal background checks and ultimately operated to prevent the client from securing civilian employment in law enforcement. MJA submitted a robust written appeal for removal, highlighting key evidence that justified the client’s request for subject titling removal. The petition was GRANTED.
MILITARY MASS TORTS
In 2024, the 3M defective earplugs litigation ended, resulting in MJA clients being compensated for their injuries. With the close of that litigation, MJA began pursuing claims for active-duty service members, veterans, civilians, and first responders who suffered injuries or illnesses caused by exposure to Aqueous Film Forming Foam (AFFF).
Known commonly as firefighting or firefighter foam, AFFF has been linked to various types of cancers, ulcerative colitis, thyroid disease, and devastating consequences for victims and families. MJA is working to help members of the military community who were exposed to AFFF as a result of their military service and now suffer the effects.
One of the most groundbreaking legal developments over the past few years for Marine veterans was the passage of the Camp Lejeune Justice Act. In 2024, MJA filed continued to file claims and lawsuits on behalf of eligible clients and maintained an active role representing Marines and their families in this litigation.
As background, for over 30 years Marines, their loved ones, and civilian contractors living and working aboard at Camp Lejeune and MCAS New River were exposed to drinking water systems contaminated with industrial chemicals. Numerous types of cancer, Parkinson’s disease, birth defects, female infertility, and other health conditions have been linked to these contaminants. After years of denying justice to those harmed by the contaminated water, the Camp Lejeune Justice Act became law in 2022, creating a federal cause of action to allow those who suffered from water contamination to file lawsuits for compensation.
As Marines ourselves, MJA immediately became involved in the litigation and is proud to represent Marines and their families who were harmed by the contaminated drinking water at Camp Lejeune. MJA has already seen some of these cases be resolved and anticipates that 2025 will be a ground-breaking year for the litigation.
SERVICEMEMBERS CIVIL RELIEF ACT
The Servicemembers Civil Relief Act (SCRA) is one of the military’s longest standing federal laws that aims to provide peace of mind to active-duty military members and their families. Under the SCRA, military members are granted temporary suspension from certain civil duties, including outstanding debts, mortgage payments, taxes and termination of leases.
MJA has a long history of representing servicemembers under the SCRA. Most recently, MJA represented a Soldier whose vehicle was repossessed for an alleged breach of the purchase agreement while he was at boot camp. Upon investigation, MJA determined that the dealer failed to obtain a court order allowing the repossession prior to retaking the vehicle in violation of the SCRA. After filing a lawsuit in federal court, the dealer cooperated in resolving the matter. MJA obtained a favorable settlement that included compensation for financial and other harms and full release of all future obligations on the vehicle for the client
DEFENSE BASE ACT
In 2024, MJA relaunched its Defense Base Act practice to represent civilians, military veterans, and local nationals who were injured overseas while working as contractors in support of the U.S. Government operations.
Adopted in 1941, the Defense Base Act provides workers’ compensation protection to civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense. Contractors who have been exposed to and incurred a physical or psychological injury due to their work overseas may be eligible for medical treatment or other benefits.
At MJA, it is our honor to represent the military community and those who support it, and we are excited to continue to represent clients under the Defense Base Act in 2025.
THANK YOU!
MJA is thankful for all the clients we were able to help in 2024 and looks forward to fighting for more service members in the new year. If you or a loved one need an experienced military attorney in your corner, contact us today for a free consultation.
