Board of Inquiry decision to discharge Marine Major reversed by District Court Judge due to lack of due process.

Marine Major Jason Brezler was accused of sending classified information over his personal email to other Marines serving in Afghanistan.  MAJ Brexler sent the emails to warn fellow Marines about a corrupt Afghan police chief who was involved in trafficking young boys as part of a sex slave practice known as “bacha bazi.”  After he sent the emails, MAJ Brexler reported himself to his commander.  At that point, he was relieved from his command position and given a poor fitness report.  MAJ Brezler then sought help from Congressman Peter King.  Representative King sent MAJ Brezler’s commander a letter inquiring into the fitness report.  A Marine Corps Times article was then published about the situation and in the article, the reporter mentioned that MAJ Brezler had sought help from Representative King.  Following the publication of that article, MAJ Brezler was ordered to appear at a Board of Inquiry (BOI) to determine whether he should be discharged for his conduct.  At the BOI, MAJ Brezler attempted to explain that the BOI was initiated by his command in retaliation for his protected communication with Representative King.  However, despite his requests, the Marine command refused to provide MAJ Brezler with the necessary documentation to prove this to be the case.  MAJ Brezler was not given a fair opportunity to show that the BOI was improper retaliation.  After the BOI made the decision that MAJ Brezler should be discharged, MAJ Brezler filed a lawsuit in District Court.  He was successful.  District Court Judge Bianco in New York ruled that the Marine Corps had not followed their own disclosure regulations when they did not provide MAJ Brezler with the documents he requested.  Therefore, the judge ordered MAJ Brezler be given a new BOI where he will have the documents he needs to attempt to make his retaliation case.  MAJ Brezler’s story shows that commanders do not always make the right decisions and that if you believe your case has been handled improperly, you should demand justice.  There is no judge present at a BOI or an enlisted administrative discharge board, therefore, you need someone representing you there who knows what right looks like.  If your case is not handled properly, there are options.  I have a great deal of experience assisting servicemembers with their cases.  I have experience in all areas of military law.  If you or your loved one needs help, call me now.  To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

William E. Cassara- Military Law Attorney

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