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Good News Story!! My client was upgraded from a Bad Conduct Discharge to a General Discharge Under Honorable Conditions.

When I was contacted by a former Army Soldier last year, I was astounded by her story. Her service to this nation was truly astounding. However, the fact that she had received a Bad Conduct Discharge after suffering from severe Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) was unfathomable. This young lady […]

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The Navy-Marine Court of Criminal Appeals reverses sexual assault conviction based on appellant’s right to choose his military defense counsel.

Yeoman Second Class Cooper (appellant) was convicted at a court-martial of three specifications of sexual assault and one specification of abusive sexual contact. He was sentenced to five years confinement, a dishonorable discharge, a reduction in rank and forfeiture of all pay and allowances. Appellant’s conviction was based on the allegations of Petty Officer Second […]

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Military Judge failed to recuse himself, findings in sexual assault case set aside.

On 15 March 2018, the Air Force Court of Criminal Appeals (AFCCA) set aside the findings and sentence in United States v. Vargas because a military judge failed to recuse himself when he should have. In this case, Senior Airman (E-4) Vargas (appellant) was convicted of two specifications of attempted abusive sexual contact, three specifications […]

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CAAF reverses its own precedent based on the Statute of Limitations for rape.

On 6 February 2018, the Court of Appeals for the Armed Forces (CAAF) reversed its own precedent in United States v. Mangahas by determining that rape of an adult is not punishable by death and therefore has a five year statute of limitation. In October 2015, Air Force Lieutenant Colonel (LTC) Mangahas was charged with […]

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Security Clearance Reinstated

We have been representing a member of the South Carolina Army National Guard (SCARNG) who was notified that his security clearance was suspended due to his alleged involvement in the GRAP recruiting scandal.  Years after his work as a recruiter CID interviewed all of his old recruits, and two of them did not remember my […]

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CAAF reverses another sexual conviction with prejudice calling the case a “tangled morass.”

About two weeks ago, I wrote a blog about the Court of Appeals for the Armed Forces (CAAF) overturning a conviction for rape and other charges in the Coast Guard case United States v. Riesbeck. https://courtmartial.com/caaf-reverses-conviction-rape-prejudice-coast-guard-improperly-selected-panel-saturated-women/. The Court dismissed that case with prejudice on 23 January 2018 due to the panel being improperly stacked with […]

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Army Discharge Review Board

We recently represented a former soldier who had been discharged from the Army with a General (Under Honorable Conditions) discharge for a “Physical Condition, not a Disability.” Essentially, he was kicked out because he had a previously undiagnosed anxiety disorder, which manifested itself once he went on active duty. We petitioned the Army Discharge Review […]

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Where do I go to get “bad paper” out of my permanent file if I am already separated from the service?

If a reprimand or non-judicial punishment (NJP) is filed in your permanent file while you are in the service, it stays in there unless it is later removed. Sometimes, it is the reason you are later separated from the service. Sometimes you leave the service voluntarily. Either way, the reprimand or NJP stay in your […]

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CAAF reverses conviction for rape with prejudice because the Coast Guard improperly selected a panel saturated with women.

On 23 January 2018, the Court of Appeals for the Armed Forces (CAAF) overturned a conviction for rape and other charges in the Coast Guard case United States v. Riesbeck. When Boatswain’s Mate Second Class (E-5) Riesbeck went to his court-martial in 2012 for allegedly raping a woman, he faced a seven member panel that […]

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