We are thrilled to report that The Judge Advocate General (TJAG) of the Army reversed the conviction of a client of ours after a long wait based on our UCMJ Article 69 appeal. Our client, a senior NCO and a Special Forces recruiter was acquitted of larceny of military property. However, he was wrongly convicted of two specifications of dereliction of duty for accepting old retrograde military equipment while deployed and mailing it to his Special Forces recruiting unit to be used to train new recruits. Upon reviewing our brief based on the evidence presented in his case, Army TJAG agreed with us that the government failed to prove that he willfully violated any duties. In fact, the evidence showed the opposite, that he found a training use for equipment that was to be destroyed. Based on our efforts on his behalf, his conviction and sentence has been set aside, and his rights restored, to include his rank.
We are so happy for our client and his family. This case was wrongly decided and it is good to see that in the end, evidence of innocence prevails. Facts and evidence matter. If the government fails to prove their case, then we will hold them accountable.
If you or a loved one have been convicted at a court-martial, you need an experienced appellate lawyer on your side. Some won’t even think to appeal directly to TJAG under Article 69 of the UCMJ, but we have the experience to know when and how to do this. We know how to draft an appeal that will speak directly to TJAG and be convincing. Before you hire a civilian attorney, ask how long they have been doing appeals. I have 25 years of experience in military appeals and 30 years of experience in military law.