The military justice system has drawn criticism over the years due to the role that commanders historically played in deciding which cases went to trial. This criticism has been heightened in recent years as Congress has sought to address issues regarding the handling of military sexual assault allegations. The FY22 NDAA included Congress’s attempt to … Read more
The Army Court of Criminal Appeals recently reversed a guilty finding for rape in the case of United States v. NievesVele. PV2 NievesVele was convicted of rape and sentenced to 14 years confinement, a dishonorable discharge, and reduction to E-1. At trial, the alleged victim testified that PV2 NievesVele had committed forcible penetration without consent. … Read more
The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Nina. LCpl Nina was investigated for the introduction, possession, and distribution of LSD aboard Camp Pendleton, California. When he was interviewed, LCpl Nina admitted his crimes and named the Marines to whom he distributed the LSD, as well as the … Read more
The Navy-Marine Corps Court of Criminal Appeals recently decided the case of United States v. Miller. On its face, the case seems rather straight-forward. Antonio Miller served honorably for a four-year enlistment in the United States Marine Corps from 1972 to 1976. Upon his discharge, Miller enlisted in the United States Navy. Almost two years … Read more
The firm of William E. Cassara successfully represented a National Guard Captain who was denied promotion to Major due to a letter of reprimand triggered by the improper titling by the Army CID. After five years of filing numerous petitions, the Army granted the promotion retroactively ensuring the officer received back dated date of rank … Read more
Article 15 of the Uniform Code of Military Justice allows commanders to impose punishments for minor offenses without sending the matter to a court-martial. It is intended to allow commanders to deal with lower-level disciplinary matters quickly and then move forward with the mission. The servicemember can decide whether to appear before the commander personally … Read more
The Court of Appeals for the Armed Forces (CAAF) recently decided the case of United States v. Brown. Chief Brown was one of 11 chief petty officers assigned to a Coast Guard cutter. While the ship was in dry dock, the group used a group text chat to communicate regarding ship’s business. On three occasions, … Read more
The Court of Appeals for the Armed Forces recently granted a petition for review in the Army case of United States v. Mendoza. SSG Mendoza was stationed in Korea with a female Specialist. The Specialist had been off post for dinner and drinks and then returned and joined a group that included SSG Mendoza at … Read more
Assisted Soldier who was being processed for medical disability separation when drug use halted the process and led to misconduct discharge. First successfully petitioned the ADRB for a discharge upgrade to Secretarial Authority, based on mitigating factor of PTSD. Then, after upgrade was received, petitioned ABCMR for medical retirement processing. Board agreed, and referred client’s … Read more
Successfully advocated for our client, a Naval Reservist, on a BCNR reconsideration for a fully disability retirement. Our client was found medically fit for service through the IDES process, despite strong medical evidence suggesting otherwise. Client was separated without any benefits, and then through two petitions to the BCNR, received a full reversal and 100% … Read more