Military Defense Lawyer
(Former JAG Attorney) News:
Recently, in two separate, unrelated cases, military members defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) were retained in the military 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 faces an administrative discharge board hearing – based on their years in the service or because of the negative discharge characterization the government seeks – those board hearings are similar to trials. They are litigated hearings. Evidence and witness testimony is presented. There are opening statements and closing arguments. The arguments are just about retention in the military versus conviction at trial. Involuntary administrative discharge board hearings in the military are called by different names, in different branches, and based on different ranks. This can include: “ADSEP” “Board of Inquiry (BOI)” “Show Cause Board” “Officer Elimination Action”
Both of the clients in these two cases faced involuntary administrative discharge board hearings.
In the first case at issue, the military member was a retirement eligible field grade officer accused of misconduct. The primary alleged misconduct was successfully challenged by our defense in the board hearing and multiple witnesses were called in support of the client. Ultimately, after closing arguments in the hearing, the Board members concluded that the military officer client should be retained in the military to continue serving.
In the second case at issue, the military member was an enlisted member accused of misconduct against a fellow military member. We gathered multiple statements in support of the client. Our defense challenged that complainant’s claims, including her credibility and motives to lie. We submitted evidence to support our client’s side of the story, and fought to get it admitted in the board hearing. After successfully arguing for its admission in the hearing, the hearing – and the case against the client – were dropped and he was cleared of the alleged misconduct. He was retained in the military to continue serving.
Because these were administrative cases, more details cannot be provided to protect the clients’ privacy.
While these involuntary administrative discharge cases were successfully defended, and the clients were 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
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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