Kaiserslautern Germany, UM
Military law Lawyer at Kaiserslautern Germany, UM
Practice Areas: Military Law
OUTCOME: Article 15, UCMJ torn-up by Battalion Commander, with no further adverse actions taken. Case dismissed.
Soldier read Article 15, UCMJ, for disrespect toward a superior commissioned officer, three instances of cruelty and maltreatment and for making a false official statement. Law firm submits multiple re ... buttal letters to command, and engages in tactical actions in convincingly demonstrating the integrity of client.
OUTCOME: Retained. Board of Inquiry finds CW2 "did not engage" in alleged misconduct. BOI requests CG reconsider prior GOMOR OMPF filing.
CW2 faced allegations of rape, sexual assault and adultery related to an incident involving a friend of the family. Government rightfully withdraws criminal prosecution, but CW2 receives GOMOR in OMPF ... which triggers QMP by HRC. As a result, a Board of Inquiry (BOI) is stood-up to potentially involuntarily eliminate Chief from the service for misconduct.
OUTCOME: Sailor receives Honorable Discharge. Remains eligible for total GI Bill payments and Disability Benefits.
Sailor was essentially accused of being disorderly and resisting arrest during an incident at the Personnel Support Detachment. Sailor had also received Captain's Mast in 2009, 2010, 2011, and 2013. Co ... mmand initiated separation IAW MILPERSMAN 1910-142. Law firm engages in lengthy negotiations with the chain of command.
OUTCOME: Officer retained and provided rehabilitative transfer. Defense was able to discredit drug test result, and persuasively persuade Government that irrational behaviors warranted a second chance. Officer also avoids criminal conviction in state court.
Government alleged officer used cocaine, based upon a hospital drug test result, and acted drunk and disorderly at a club. Officer's irrational behaviors included assault and evading arrest. Governmen ... t initiates administrative action to separate probationary officer.
OUTCOME: Court-martial charges dismissed
C-17 co-pilot charged with dereliction of duty associated with the death of a soldier during an air drop in Montana. Article 32 investigator recommended the case be withdrawn from court-martial. Air Fo ... rce proceeded with the prosecution of client, who was the co-pilot, along with the case against the pilot. Pilot fully acquitted by military panel, leading to case against co-pilot being fully dropped.
OUTCOME: Sentenced to serve 12 months, and 2 weeks after good time deduction and pre-trial punishment reduction. Bad conduct discharge, reduction to E-1, and $2500 fine.
Charged with making a false insurance claim and 10 separate incidents of on post larceny. Soldier faced maximum sentence of 50-years in prison. Military Judge suppresses client's confession. Client ent ... ers into pre-trial agreement. Government dismisses all but 4 charges. Court awards 23 days pre-trial credit based, in part, upon pre-trial punishment inflicted by command. During his sentencing argument prosecutor had vehemently requested judge impose 3-year sentence of confinement.
OUTCOME: Court-martial charges dismissed
Staff Sergeant charged with rape, sexual assault, making threats and fraternization. Faced maximum possible sentence of life in prison, dishonorable discharge, reduction to private, and sex offender re ... gistration. Case pending trial by General Court-martial despite fact that investigating officer, after the Article 32 hearing, held that the case should be dismissed. Defense was able to further demonstrate that alleged victim was untruthful.
OUTCOME: Board members find Airman did "not" engage in maintenance malpractice alleged by Article 15s, and retains him in service. Board specifically finds "no misconduct" related to 2/3 allegations. Client will retire with full benefits.
Airman with over 17-years in total service faced separation after two Article 15s and several other instances of maintenance malpractice addressed by letters of reprimand. Squadron Commander finds him ... "guilty" at prior Article 15 proceeding(s), and Airman was reduced in rank - twice. Command group then initiates separation with a General Discharge and no P&R opportunity. Airman hires Capenter Law Firm to fight the baseless allegations.
OUTCOME: Retained in service. Found "Not Guilty" by military judge of 3 of 4 fraud related charges. Reduced one rate and 24 days confinement. Sailor required to pay back $14,000, and not, as requested by military prosecutors, $53,000.
Sailor charged with stealing $53,000 of BAH and for making three associated false official statements. Member faced maximum sentence of 25-years of confinement and dishonorable discharge.
OUTCOME: Separation action dismissed. Retained in AGR Status. Reprimand "locally" filed. Reduced 1-stripe by TAG at Article 15. Negotiate "rehabilitation transfer" to another unit for fresh start.
Senior NCO investigated for allegedly committing acts of fraternization (and other misconduct) related to two junior enlisted Soldiers. NCO was formally advised that his AGR status would be likely revo ... ked.