Below are summaries of past cases successfully handled by our attorneys. While no law firm can guarantee case results, MJA is committed to achieving the best possible outcome for every client. If you are under investigation, facing court-martial or administrative separation, or need to appeal your discharge or conviction, please contact us today for a free consultation.
Fort Jackson, South Carolina. An Army Drill Sergeant (E-6) was charged at Special Court-Martial for allegedly assaulting and maltreating a Trainee, among other charges. After months of pretrial investigation and workup, MJA successfully got the charges dismissed from Special Court-Martial in favor of nonjudicial punishment, avoiding any possibility of a criminal conviction, confinement, or punitive discharge. The Drill Sergeant was found not guilty of assault and maltreatment during his Article 15 proceeding and will continue his career on active duty. (June 2020)
Portsmouth, Virginia. A Navy Lieutenant Commander (O-4) was offered nonjudicial punishment for alleged violations of Article 92 (dereliction of duty) and Article 133 (conduct unbecoming of an officer) following completion of a command investigation. After refusing NJP, the officer was notified that a report of misconduct would be sent to Navy Personnel Command (PERS) requesting the officer’s promotion removal and recommending that the officer be required to show cause for retention in the naval service. MJA was retained to rebut the allegations and 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)
Veteran Separated Over 30 Years Ago Receives Honorable Discharge
Board for Correction of Naval Records. An enlisted 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)
Army Officer Recovers Monetary Damages for SCRA Violations
Servicemembers Civil Relief Act. An Army Officer leased a motor vehicle from a major automobile 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 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 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 2nd 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-5) 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
U.S. Army Garrison Fort Campbell, Kentucky. 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. He 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. Army PFC (E-3) 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, one charge was dismissed at trial and the Soldier was acquitted of all remaining charges and specifications. He 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 was successful in convincing the Board to unsubstantiate the allegations of wrongful use of Cocaine. (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.