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Saturday, August 17, 2013

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Wins Administrative Discharge Board Hearing

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer with numerous combat deployments won his involuntary administrative discharge board hearing and will continue on in his military career.  The client was represented and defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The officer client was accused of PT failure and misconduct, and was served with notice of involuntary administrative discharge action (officer elimination, show cause, board of inquiry, administrative discharge, administrative separation).

The discharge board hearing, also referred to as a “show cause hearing” or “board of inquiry (BOI),” is a litigated hearing in front of board members (like a jury).  On behalf of the client, the defense at the administrative hearing included having to cross-examine several of the officer’s commanders, and argue against their opinions and motives.  Ultimately, not only did the board members vote to retain the client, they determined he did not commit the alleged misconduct, even with the low burden of proof required for the government in an administrative hearing. 

Due to the nature of adverse administrative actions in the military, no further details about this case can be released.  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, can guarantee the outcome of any military case. 

For more information on the military justice system, please see our other blog posts.  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.

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, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

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