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Wednesday, March 12, 2014

Civilian Court-Martial Defense Lawyers: Senior Military Officer Retires at Grade/Rank Despite Disciplinary Action, Show Cause, Officer Grade Determination


Recently, a senior, retirement eligible, military officer retired honorably, and at the highest/current grade/rank he held, after facing a misconduct investigation and subsequent military disciplinary action, show cause notification, and officer grade determination.  The senior military officer was represented and defended by military criminal defense attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) 

Initially, when the UCMJ/misconduct investigation was completed, there was serious talk and consideration of a court-martial trial by the senior officer client’s command.  Based on defense submissions, the adverse action was downgraded from possible court-martial to an administrative military disciplinary action.  However, the client then faced a show cause notice and possible administrative discharge/separation (officer elimination, BOI).  Further responsive defense submissions convinced the command not to pursue an administrative discharge/separation action.  Given the client’s eligibility to retire, the defense submitted a retirement application, but the client then faced an officer grade determination, in which he was recommended to retire at a lower rank/grade.  The defense made one more submission on behalf of the client, and he was permitted to retire honorably at the highest military grade/rank he served at.

It was a long and difficult process, but the ultimate successful outcome was a testament to the officer’s career of military service to this country.  While this military 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 involving court-martial or discharge, type your search terms into the search bar above the blog posts.  See also:

We offer free initial 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.

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 Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.

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