CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: April 2024

Saturday, April 13, 2024

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS ADVERSE INFORMATION REMOVED FROM PERSONNEL FILE

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had his personnel file cleared of adverse information based on the appeal that was filed.

Because this was an administrative case, and there are Privacy Act and service branch regulations regarding case information, specific details will be withheld. However, this senior military officer hired attorney Richard V. Stevens, from the Military Defense Law Offices of Richard V. Stevens, P.C., to file an appeal on his behalf to attempt to clear the officer’s personnel record of adverse information that was interfering with rank and position promotions. Based on the appeal filed by Attorney Stevens, the adverse information was removed from the senior officer’s personnel file, which paves the way for future potential promotions in rank and position.

Each military service branch has various administrative appeal boards that can be appealed to in order to challenge disciplinary actions and adverse information from the service member’s personnel file. These military administrative appeal boards include:

Air Force

- AFRBA: Air Force Review Boards Agency

- AFBCMR: Air Force Board for Correction of Military Records

- AFDRB: Air Force Discharge Review Board

- AFPSAB: Air Force Personnel Security Appeal Board

- AFPDBR: Air Force Physical Disability Board of Review

- AFDB: Air Force Decorations Board

- AFCPB: Air Force Clemency and Parole Board

https://www.af.mil/About-Us/Fact-Sheets/Display/Article/104511/air-force-review-boards-agency/

Army

- ARBA: Army Review Boards Agency

- ABCMR: Army Board for Correction of Military Records

- ADRB: Army Discharge Review Board

- DASEB: Department of Army Suitability Evaluation Board

- ADAP: Army Physical Disability Appeal Board

- APDRB: Army Disability Rating Review Board

- ACPB: Army Clemency and Parole Board

https://arba.army.pentagon.mil/

Navy and Marine Corps

- Navy Council of Review Boards

- BCNR: Board for Correction of Naval Records

- NDRB: Navy Discharge Review Board

- NCRB: Navy Complaints Review Board

- NCPB: Navy Clemency and Parole Board

- NDBDM: Navy Department Board for Decorations and Medals

https://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx

https://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx

Coast Guard

- BCMR: Board for Correction of Military Records of the Coast Guard

- DRB: Discharge Review Board of the Coast Guard

https://www.uscg.mil/resources/legal/bcmr/

https://www.uscg.mil/Resources/legal/DRB/

While the representation in this military case was successful, 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 regarding military administrative appeals, see:

https://militaryadvocate.com/practice-areas/b-c-m-r-other-military-appellate-boards/

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.

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT CASE DROPPED (UCMJ ARTICLE 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a company grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault case he faced dropped by the military just before court-martial charges were to be preferred against him (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly perpetrating a forcible sexual assault against another military member during a Temporary Duty (TDY) trip in support of a military event. The defense denied the entirety of that claim, and there were significant issues regarding the complainant’s credibility and motives to fabricate her story. The allegation was not made when the incident allegedly occurred. Instead, it was raised when it could provide the benefit the complainant was seeking for her career and to shield herself from issues that were negatively impacting her career.

Despite the issues with the complainant’s background and her claims, the defense was preparing for court-martial charges to be preferred and to proceed to an Article 32 hearing. However, after the lengthy investigation closed, we were notified that the case was being dropped, and no adverse action would be taken against the accused. The military officer client was exonerated, and was cleared to PCS and to proceed with his career progression.

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge (dismissal for an officer), a lengthy term of confinement in prison and, in addition, he would have been required to register as a sex offender. Thankfully, the case was dropped and the client was spared this risk of devastation to his future.

While this military court-martial and sexual assault 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.