Mr. Cassara represented a former Marine who had been discharged for use of cocaine before the Navy-Marine Corps Discharge Review Board (NDRB.) The former Marine had been discharged with an Other Than Honorable Discharge for use of cocaine. While the success rate of drug discharge upgrades before the NDRB is very low, Mr. Cassara put … Read more
Mr. Cassara represented an Army nurse who received a GOMOR for allegedly drinking with a subordinate after returning from a deployment. As a result of the GOMOR she was passed over for promotion. Mr. Cassara petitioned the Department of the Army Suitability Evaluation Board (DASEB) and had the GOMOR transferred to the officer’s restricted fiche, … Read more
The service member (Respondent) facing separation at an administrative board has specific rights, including: The right to submit an oral or written statement on the Respondent’s own behalf. The Respondent may also testify on his own behalf or remain silent; The right to request the attendance of witnesses at the hearing; The right to appear … Read more
Service members may face involuntary separated from the military through an administrative discharge for reasons that range from minor misconduct to more serious charges. The consequences of an administrative discharge are by definition less severe than a discharge imposed by a court-martial. However, an administrative discharge can have long-term effects on a service member’s employability, … Read more
Known as “Judicial Review,” federal courts are empowered with the authority to review decisions made by the military. Before seeking judicial review, the service member will generally have to exhaust all available “administrative remedies” – meaning that the service member generally will have to pursue all avenues of relief provided by the military before taking … Read more
A security clearance can be the keystone to a successful career for a variety of professions. It is too important to your career and future to try to deal with a security clearance revocation on your own or with a representative lacking the knowledge and experience necessary to see the process through to a successful … Read more
In recent news, one of the three Hawaii-based Marines accused of hazing a fellow Marine that committed suicide in April of this year in Afghanistan will soon face a special court-martial. The trial is scheduled to be held at Kaneohe Bay, Hawaii on Monday, January 30th. Cases against the other two accused Marines – Sergeant … Read more
In the military, testing positive for illegal drugs on a blood test or urinalysis – including steroids, Ephedra, HGH, and other drugs with performance-enhancing characteristics – is a serious offense that will likely lead to a court-martial and result in a negative service characterization. A federal conviction and jail time are also possible outcomes of … Read more
On September 20th, 2011, the law known as “Don’t Ask, Don’t Tell” (DADT) was repealed. The result was that lesbian, gay, and bisexual service members are now able to serve openly without fear of discharge. However, the repeal of DADT will not automatically reinstate the estimated 14,500 service members who were discharged under DADT, nor … Read more
On September 20th, 2011, the law known as “Don’t Ask, Don’t Tell” (DADT) was repealed. The result was that lesbian, gay, and bisexual service members are now able to serve openly without fear of discharge. However, the repeal of DADT will not automatically reinstate the estimated 14,500 service members who were discharged under DADT, nor … Read more