CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS WINS BCMR APPEAL AND CLEARS MILITARY RECORD

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won a BCMR appeal and cleared his military record. 

Each military service branch has boards for appeals of various adverse administrative actions.  For example, all service branches have Discharge Review Boards (DRB):

Air Force Discharge Review Board (AFDRB):

https://afrba-portal.cce.af.mil/#afdrb

Army Discharge Review Board (ADRB):

https://arba.army.pentagon.mil/adrb-overview.html

Naval Discharge Review Board (NDRB):  https://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx

Coast Guard Discharge Review Board (CGDRB):      

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

All military service branches also have Boards for Correction of Military Records (BCMR and BCNR):

Air Force Board for Correction of Military Records (AFBCMR):

https://afrba-portal.cce.af.mil/#afbcmr

Army Board for Correction of Military Records (ABCMR):

https://arba.army.pentagon.mil/abcmr-overview.html

Board for Correction of Naval Records (BCNR):

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

Coast Guard Board for Correction of Military Records (CGBCMR):

https://www.uscg.mil/Resources/Legal/BCMR/

The service branches have other administrative appeal boards as well.

In this particular case, the military officer was falsely accused of a serious criminal offense.  The client faced an involuntary administrative discharge board hearing, in which he was represented by attorney Richard V. Stevens.  The military was attempting to prove that he committed the alleged offense and kick him out.  At the litigated hearing, which included witness and expert testimony, the military officer client was victorious and the board members found that he did not commit the alleged offense and should be retained in the military. 

Despite the successful outcome of the board hearing, the military officer still had a military disciplinary action in his record claiming that he committed the offense he had been cleared of, a negative performance report, and he had been denied promotion to the next rank. 

We petitioned his command to clear his record based on the outcome of the administrative board hearing, but his command refused to do so.  Therefore, we had to appeal to the service branch Board for Correction of Military Records (BCMR).  We submitted our appeal, and then we had to submit a rebuttal to the service branch advisory opinion.  Ultimately, the BCMR granted our appeal, cleared the military officer’s record, and granted our request for a Special Selection Board (SSB) to re-consider his military promotion. 

Because this was an administrative case, more details cannot be provided to protect the client’s privacy. 

While this military administrative appeal 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. 

For more information about the military justice system, particularly cases involving administrative appeal actions, 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. 

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.