Attorney Josh Hill's Legal Cases

Military law

Naval Officer Not Required to Show Cause for Retention at BOI

May 30, 2020

OUTCOME: Officer Not Required to Show Cause for Retention at BOI

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.

Military law

Veteran Separated Over 30 Years Ago Receives Honorable Discharge

Apr 30, 2020

OUTCOME: Discharge upgrade to honorable

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.

Litigation

Army Officer Recovers Monetary Damages for SCRA Violations

Mar 30, 2020

OUTCOME: 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 attempte ... d 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.

Military law

Negligent Homicide Charge Dismissed, Airman Retained

Dec 30, 2019

OUTCOME: Negligent Homicide Charge Dismissed, Airman Retained

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, MJ ... A 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.

Military law

Veteran’s Arrest Record Deleted from FBI Database

Oct 30, 2019

OUTCOME: 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 sh ... owed 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)

Military law

Marine Charged with Murder Released from Pretrial Confinement

Sep 30, 2019

OUTCOME: 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.

Military law

ROTC Cadet Facing Disenrollment Allowed to Commission

Aug 06, 2019

OUTCOME: Cadet Retained in ROTC and 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, mak ... ing 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.

Military law

Corporal Facing Loss of GI-Bill Honorably Discharged

Jan 30, 2019

OUTCOME: Marine 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 th ... e GI Bill, the Corporal retained MJA who convinced the command to change its recommendation. The Corporal received an Honorable Discharge upon separation.

Military law

Army Cadre Acquitted of Sexual Assault Allegations by Trainee

Jun 16, 2018

OUTCOME: Full Acquittal.

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 pos ... sibility 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.

Military law

Sentence Disapproved During Clemency

N/A

OUTCOME: Sentence Disapproved; 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.

Josh Hill's Legal Cases (21)

Naval Officer Not Required to Show Cause for Retention at BOI

Veteran Separated Over 30 Years Ago Receives Honorable Discharge

Army Officer Recovers Monetary Damages for SCRA Violations

Negligent Homicide Charge Dismissed, Airman Retained

Veteran’s Arrest Record Deleted from FBI Database

Marine Charged with Murder Released from Pretrial Confinement

ROTC Cadet Facing Disenrollment Allowed to Commission

Corporal Facing Loss of GI-Bill Honorably Discharged

Army Cadre Acquitted of Sexual Assault Allegations by Trainee

Sentence Disapproved During Clemency