This past week, two field grade officers represented by attorney Richard Stevens had the adverse administrative actions they received dropped.
The first officer, with over two decades of military service, had an Article 15 (nonjudicial punishment) set-aside granted by the commander who originally imposed the Article 15. Between imposition of the Article 15 and the action being voided by the set-aside, additional evidence was collected and submitted by the defense to support the original defense argument and the set-aside request. No further/lesser disciplinary action was imposed after the set-aside was granted. The officer’s disciplinary record was cleared.
The second officer, also with over two decades of military service, had a marginal performance report removed from his records due to both procedural and substantive errors with the report, which partially stemmed from personality conflict with, and personal motives of, the rating officer. As a result of the successful appeal, the client’s career performance record was cleared and remains consistently high before meeting his O-6 promotion board.
While these administrative cases were 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 case. For more information on the military justice system, please see our other blog posts.
By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
Blog postscript: Attorney Frank Spinner and I (attorney Richard 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. 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 & The Law Office of Frank J. Spinner for a free consultation.