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Friday, July 21, 2017

Civilian Court-Martial Defense Lawyer: Senior Military Officer Retires Honorably at Highest Rank Held After Adverse Actions and Officer Grade Determination



Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer who served in the military for two decades retired honorably, at the highest rank held, despite facing several adverse actions and an officer grade determination (OGD).  The military officer was represented and defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The senior military officer client’s career was previously spotless, including deployments and command position.  In the last 6 months, however, a new commander with an unjustified and unreasonable personality conflict with the client, served several dubious adverse administrative actions on the client.  As a result, the client faced an OGD.  At that point, the client retained attorney Richard V. Stevens.

Because of the administrative nature of these actions, the details cannot be discussed.  However, in general terms, our OGD rebuttal attacked the bases and validity of the adverse actions, and exposed the arbitrary and capricious actions of the new commander.  Ultimately, the client received notice that retirement would be at the highest rank held, despite the adverse actions that immediately preceded the voluntary retirement application.

While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law as we do, can guarantee the outcome of any military case. 

For more information about the military justice system, particularly officer grade determinations, please see:





For descriptions of other military cases defended by attorney Richard V. Stevens this year, please see:

http://militaryadvocate.blogspot.com/2017/07/civilian-court-martial-defense-lawyer.html

http://militaryadvocate.blogspot.com/2017/03/civilian-court-martial-defense-lawyers.html





For descriptions of military cases defended by attorney Richard V. Stevens in recent previous years, please see:

2106 Cases:


2015 Cases:


2014 Cases:


2013 Cases:


2012 Cases:


2011 Cases:


Attorney Stevens has been handling military cases on and off active duty since 1995.  We offer free consultations for a military case you may be involved in.  Just call us.

Thank you.    

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://militaryadvocate.com/


Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens for a free consultation. These military defense law offices are located in the Northern Florida/Georgia areas, but the military defense representation is worldwide – when necessary, the attorney travels to wherever the client is stationed around the world.

Sunday, July 02, 2017

Civilian Court-Martial Defense Lawyer: Military Officer Represented by Attorney Richard V. Stevens is Retained in Military After Litigated BOI Hearing

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was retained in the military after a litigated board of inquiry (BOI) hearing.   

In the military, involuntary administrative discharge board hearings are referred to by different labels, such as board of inquiry (BOI), show cause, officer elimination, adsep board, administrative separation, and administrative discharge board.  Regardless of the label, this is an administrative hearing in which the military is attempting to involuntarily discharge (kick out) a member from the military.  If the member is involuntarily discharged, they not only face the loss of their military career, but they often face a less than fully honorable service characterization, loss of retirement, and loss of certain benefits. 

In this case, the officer client faced the BOI, being accused of serious or recurring misconduct, based on multiple allegations of misconduct and several adverse actions that had been served.  Unlike military courts-martial, the government’s burden of proof at an administrative board hearing such as this is not beyond a reasonable doubt.  Rather, it is the lesser preponderance of the evidence standard. 

At the BOI hearing, we challenged and/or mitigated all of the government’s allegations and the prior adverse actions, calling witnesses, cross-examining the government’s witnesses, and presenting evidence.  Ultimately, after closing arguments and deliberations, the three O-6 panel members returned a decision that there was no basis for discharge, and the officer client was retained in the military. 

Because of the nature of administrative board hearings, no identifying specifics about this particular case can be discussed.  While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law as we do, can guarantee the outcome of any military case. 

For more information about the military justice system, particularly involuntary discharge actions, please see:


For descriptions of other military cases defended by attorney Richard V. Stevens this year, please see:






For descriptions of military cases defended by attorney Richard V. Stevens in recent previous years, please see:

2106 Cases:


2015 Cases:


2014 Cases:


2013 Cases:


2012 Cases:


2011 Cases:


Attorney Stevens has been handling military cases on and off active duty since 1995.  We offer free consultations for a military case you may be involved in.  Just call us.

Thank you.    

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens for a free consultation. These military defense law offices are located in the Northern Florida/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.
 




Thursday, June 15, 2017

Civilian Court-Martial Defense Lawyers: Senior Military Non-Commissioned Officer (NCO) Represented by Attorney Richard V. Stevens has Involuntary Administrative Discharge Action Dropped and is Retained in Military

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior non-commissioned military officer (NCO) with nearly two decades of service defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the involuntary discharge action he was facing dropped by the military.   

In the military, involuntary administrative discharge board hearings are referred to by different labels, such as board of inquiry (BOI), show cause, officer elimination, adsep board, administrative separation, and administrative discharge board.  In this case, the client was an NCO and faced an involuntary administrative discharge board claiming various deficiencies. 

Because of the nature of administrative actions and board hearings, no specifics about this particular case can be discussed.  However, after receiving the involuntary discharge notification, the defense submitted a lengthy response challenging the alleged discharge bases and providing evidence and witness identification.  After a lengthy review by the government, the involuntary discharge action was dropped.

While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law as we do, can guarantee the outcome of any military case. 

For more information about the military justice system, particularly administrative discharge or separation cases, please see:

http://militaryadvocate.com/practice-areas/administrative-dischargeseparation/

We offer free consultations for a case you may be involved in.  Just call us.

Thank you.    

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com


Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Northern Florida/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

Civilian Court-Martial Defense Lawyers: Military Non-Commissioned Officer (NCO) Represented by Attorney Richard V. Stevens is Found Not Guilty of All Alleged Sexual Assault Allegations and Retained in Military (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a non-commissioned military officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was found not guilty in a general court-martial trial of all alleged sexual assault allegations he faced, by three complaining witnesses (UCMJ Article 120). 

The NCO client was accused by three junior military members in a training environment of sexually assaulting them during training exercises.  The NCO pled not guilty in his general court-martial trial, and the case was fully litigated with numerous witnesses being called from bases around the country and abroad.  As the case progressed, the truth was exposed as it became clear that the original allegation was made when the accuser faced misconduct allegations herself, and shielded herself through her claims against the defendant. Then, military investigators searched for more complainants and, during their questioning, clearly influenced the others by the information that was given. 

At the close of the case, the NCO client was found not guilty of all alleged sexual assault and sexual offense allegations.  While he was found guilty of a single minor non-sexual offense, he was not sentenced to confinement (jail time) or punitive discharge (bad conduct discharge or dishonorable discharge).

Had there been a sex crime conviction in the case, the military accused could have been sentenced to a dishonorable discharge, many years in prison and, in addition, he would have been required to register as a sex offender.  Thankfully, that did not happen and he can move on from this without the stigma of a sexual assault conviction to affect the remainder of his days.      

While this military court-martial case was successfully defended, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial or case.

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts and see http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.

We offer free consultations for a case you may be involved in.  Just call us.

Thank you.    

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Northern Florida/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.