Recently, a senior military noncommissioned officer (E-9, NCO) who was accused of fraud/larceny (UCMJ Article 121) based on claims of travel voucher fraud during a period of time on which he was activated from the Reserves on Title 10 orders had his discharge characterization upgraded and his highest enlisted rank restored.
Originally, the accused military client faced court-martial trial for the larceny/fraud allegations. The Article 32 hearing was fully litigated, and, with the assistance of an expert consultant who reviewed years of disputed travel vouchers, the government's theory on the bulk of the allegations was exposed as fatally flawed, based not only on the government lacking evidentiary support, but also lacking a true understanding of the application of the JFTR (Joint Federal Travel Regulation) to the circumstances of the case.
The military senior NCO client was represented and defended by military criminal defense attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, PC). Based on defense submissions before, during and after the military Article 32 hearing, and as the court-martial trial date approached, the government relented and accepted an administrative compromise for the remaining allegations. The court-martial charges and case were dropped in favor of an administrative disposition.
The client was ultimately discharged, and although he avoided a federal criminal conviction, prison time, punitive rank reduction, and/or bad conduct discharge or dishonorable discharge, the case did impact his ultimate discharge characterization and rank, as well as his retirement through the Reserves.
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Military Defense Law Offices of Richard V. Stevens, P.C.