Military Defense Lawyer
(Former JAG Attorney) News:
Recently, a military officer
defended by attorney Richard V. Stevens (Military Defense Law Offices of
Richard V. Stevens, P.C.) was retained in the service after facing involuntary
administrative discharge action.
In the military justice
system, a military member can face involuntary administrative discharge action
(“getting kicked out”) for a variety of reasons. These reasons can include alleged misconduct. If the military member is not authorized to
have their case heard in an administrative discharge board hearing (“Show
Cause” board, “Board of Inquiry” [BOI], “Officer Elimination” board), then the
case is decided based on the member’s written rebuttal package.
In this case, the
military member had previously received a disciplinary action for alleged
misconduct, but was a junior officer who was not authorized an administrative
discharge board hearing. Attorney
Richard V. Stevens was hired to represent the officer client in preparing the
written rebuttal package in response to the involuntary administrative
discharge notice.
A written rebuttal
package for an administrative discharge case can include the member’s response
statement and argument for retention, letters of support, awards and
decorations, performance reports, other accomplishments and recognitions, and
military career documents.
The disadvantage of not
being entitled to a board hearing is that the board deciding the case does not
hear from the member personally, or hear from witnesses, or hear the attorney
arguments. Instead, they consider a
written package, so it must be particularly compelling to achieve
retention.
In this case, we
submitted a compelling package that included obtaining and submitting important
letters of support, witness statements, evidence, the respondent’s memo, and
the attorney’s legal memo/brief. In the
submission in this case, we attacked all facets of the discharge action. We attacked the procedural errors. We attacked the government’s flawed
interpretation of military law and applicable regulations, and we convincingly
attacked the government’s misguided claim that the client had committed misconduct.
Ultimately, after the discharge
board reviewed the rebuttal package, the officer client was retained in the
military and will continue serving. Because
this was an administrative case, more details cannot be provided to protect the
client’s privacy.
While this involuntary
administrative discharge case was successfully defended, and the client was retained
in the military, 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 administrative
discharge actions, see:
https://militaryadvocate.com/practice-areas/administrative-discharge-separation/
We offer free
consultations for a case you may be involved in. Just call us.
Thank you.
Military
Defense Law Offices of Richard V. Stevens, P.C.
Civilian
Criminal Defense Lawyer and Military Defense Lawyer
https://militaryadvocate.com/
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.