Military Defense Lawyer (Former JAG Attorney)
News:
Recently, a non-commissioned officer (NCO) client
represented by attorney Mike Coco (Of Counsel to the Military Defense Law
Offices of Richard V. Stevens, P.C.) was notified by the Board for Correction
of Naval Records [BCNR] that the non-judicial punishment he received was to be
removed from his records, which will return him to active duty in the Navy.
Our client received an Article 15 for alleged
aircraft maintenance deficiencies, but he disputed the allegations. However, because the client was out to sea,
he was not able to turn down the Article 15 and demand trial by court-martial -
thereby forcing the government to prove their claims against him in a judicial
proceeding. In the administrative
Article 15 proceeding (Captain's Mast), his commander found him guilty of the
offense, and reduced the enlisted NCO's rank.
Because of the rank reduction and his number of years of service, this
meant the client had reached high-year-tenure (HYT), he would be discharged, and
his distinguished Navy career would be over.
After leaving active duty, the client retained
our firm to appeal his discharge, and the client was represented by attorney
Mike Coco. Drawing on his previous experience
as a military aircraft mechanic, Mike Coco was able to expose through the
Maintenance Action Forms, diagrams of the aircraft parts at issue, the
Technical Publications, and many witness interviews that our client had
performed his required maintenance by the book and without defect.
The BCNR ruled in favor of the client and the appellate
relief was granted. The Article 15 was
removed from the client's Navy records which reversed the reduction in rank and
HYT discharge. The client will now be
returned to active duty in his former pay grade, and he will receive back pay
from the time he was originally reduced in grade.
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 cases involving Article 15 punishments,
administrative discharges, or Boards for Correction of Military/Naval records, see:
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.
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 Washington DC, Northern
Virginia, Maryland, National Capital Region (NCR), but the military defense
representation is worldwide – when necessary, the attorneys travel to wherever
the client is stationed around the world.
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