Our Results: Discharge from the Military
Administrative Separation: National Guard Warrant Officer with 16+ years of service faced a Board
of Inquiry for withdrawal of federal recognition and adverse separation
from the National Guard for an alcohol related incident involving him
punching an enlisted soldier during a verbal altercation concerning a
sexual related comment to a female soldier, and then several minutes later
returning to the scene and punching another enlisted soldier. During the
Board, the Government presented evidence of a prior charge of domestic
battery on his ex-wife, as well as testimony that our client received
an Art 15 for drunk and disorderly 10 years earlier when he was an E-4.
At the Board, we were immediately confronted with the fact that our senior
member (an 0-6) had sat on 9 prior boards in the past 24 months and contended
the reason he had been selected so frequently to sit on separation boards
was because he was "so impartial".
Our challenge of the senior member was denied as expected, yet it didn't
take long to see that the "impartial" senior member may not
have been so impartial as he claimed. We presented evidence that our client
was diagnosed with PTSD as a result of his first combat deployment to
Iraq in 2004, and was thereafter mishandled by the VA in 2015 when he
sought help for the PTSD and alcohol problems as his life was literally
unraveling several months before the subject incident. After several hours
of what clearly was a very contentious period of deliberations between
the four members, the "verdict" was finally returned in favor
of our client, that we had provided substantial evidence that his federal
recognition should not be withdrawn, thus allowing our client to be medically
separated with disability pay as a result of PTSD and retaining all benefits.
Air Force E-7: Separated from the service with an Other Than Honorable (OTH) Discharge,
through an administrative separation board, for misconduct (sexual perversion
– possession of child pornography). Through representation by McCormack
& McCormack, the service member applied to, and personally appeared
before, the Air Force Discharge Review Board, seeking upgrade of his discharge
and to change the reason and authority for the discharge, on the basis
of propriety and equity. The Board concluded that the overall quality
of the member's service was more accurately reflected as Honorable,
and that the reason for discharge warranted change to Secretarial Authority.
Accordingly, the Board majority granted the requested relief.
Army Reserve O-5: Following honorable discharge from the U.S. Army Reserve, and receipt of
the final Chronological Statement of Retirement Points, a review determined
the termination of a past period of active duty (as reflected on the DD
Form 214) incorrectly reflected the officer was discharged (Hardship),
vice, released from active duty; thereby, jeopardizing the officer’s
total creditable points for subsequent retirement pay at age 60. Seeking
a change in the narrative reason for separation, separation code, and
separation authority, McCormack & McCormack represented the member,
through application and petition for record change/correction, by the
Army Board for Correction of Military Records. Result: the Board determined
the request had merit, and granted full relief.
Army O-4: Subsequent to submitting a voluntary retirement request, officer received
notification of review by the Army Grade Determination Review Board (AGDRB),
to determine the highest grade in which the officer served satisfactorily
for retirement purposes. Subject review was the result of a previous General
Officer Memorandum of Reprimand, and an AR 15-6 Investigation (allegations
of abusive, disrespectful, and unprofessional, leadership; and a failure
to foster a climate of dignity and respect amongst peers and subordinates).
McCormack & McCormack assisted the military member with the preparation
and submission of a response, and matters for consideration, to the AGDRB.
Result: the AGDRB recommended O-4 as the highest grade in which the officer
served satisfactorily; thereafter, the Deputy Assistant Secretary of the
Army made the final determination to allow retirement at paygrade O-4.
Army E-5: Processed for administrative separation by reason of misconduct (drug abuse);
and subsequently separated, after 5 years of military service, with a
General (under honorable conditions) discharge. Seeking a change in the
narrative reason for separation, and characterization of service, McCormack
& McCormack represented the member, through application and petition
for record review, by the Army Discharge Review Board. Result: the Board
determined the discrediting entries in the service record had been mitigated,
and the characterization of service too harsh, and inequitable –
relief in the form of an upgrade of character of service to Honorable,
Navy O-4: Respondent received notification of administrative show cause proceedings,
for retention in the naval service. Basis for separation – Misconduct
(commission of a military or civilian offense), for allegations of dereliction
of duty, and conduct unbecoming an officer and gentleman; and Substandard
Performance of Duty (inability to maintain adequate levels of performance),
for allegations of a failure to demonstrate acceptable qualities of leadership
required of an officer in the member's grade; a failure to properly
discharge duties expected of officers of the member's grade and experience;
and a failure to conform to prescribed standards of military deportment.
The least favorable characterization of service recommended was Other
Than Honorable (OTH). Upon review and consideration by the Board of Inquiry,
the members recommended that the Respondent be retained in the naval service.
Navy O-4: Respondent received notification of administrative show cause proceedings,
for retention in the naval service. Basis for separation – Misconduct
(commission of a military or civilian offense), for allegations of dereliction
of duty, sexual harassment, fraternization, and conduct unbecoming an
officer and gentleman; and Substandard Performance of Duty (inability
to maintain adequate levels of performance), for allegations of a failure
to demonstrate acceptable qualities of leadership required of an officer
in the member's grade; a failure to properly discharge duties expected
of officers of the member's grade and experience; and a failure to
conform to prescribed standards of military deportment. The least favorable
characterization of service recommended was Other Than Honorable (OTH).
Upon review and consideration by the Board of Inquiry, the members recommended
that the Respondent be retained in the naval service.
Army Special Forces E-4 Facing OTH For Deserter Status - Request for General
Under Honorable Conditions Granted
Army Special Forces E -4 retained us while he was in a deserter status.
He left his command without authority and went to another country. Upon
retention, we had to coordinate our client's return to military control
through the U.S. Embassy since he would have been arrested on a federal
deserter warrant when he went through customs. Although we fully expected
our client would be immediately taken into custody and placed into pretrial
confinement upon return to the country, we were able to avoid that from
happening. Upon return to his command, the SJA's office advised us
that he would be taken to a court-martial, facing a federal conviction,
confinement and bad conduct discharge. We were able to negotiate alternate
disposition that involved Art. 15 punishment, with a waiver of his right
to appear at an administrative separation board, which would result in
an OTH characterization. After our client went to the Art. 15 and signed
his waiver of the administrative separation board, we submitted a letter
to the command requesting that our client be given a General under Honorable
Conditions discharge, rather than the OTH. Our request was granted and
our client was separated with a General discharge, without a federal conviction
or any confinement time.
Army E-7 Facing Multiple Offenses for Maltreatment - RETAINED
Army E-7 with 19 years of service was charged with multiple offenses related
to maltreatment of AIT trainees. Charges were heading into an Art. 32
and a General Court-Martial. Prior to the Art. 32, the charges were WITHDRAWN.
Although our client was pending medical separation proceedings, several
months later the command initiated administrative separation action, where
our client was then facing a discharge for misconduct and an OTH discharge.
The government argued extensively that our client should be discharged
with an OTH, which would result in denial of retirement benefits. Although
the board found that our client did commit misconduct as to some of the
allegations, the board recommended by a vote of 3-0 that our client be
RETAINED. Our client will now be able to complete his medical processing,
where he will be retired with a disability rating.
FORMER USN E-2 CHANGE CHARACTERIZATION OF SERVICE
Former USN E-2 was awarded three Nonjudicial Punishments, during the initial
enlistment, for violations of the Uniform Code of Military Justice (UCMJ).
The member was subsequently separated from the military for commission
of a serious offense. The characterization of service was Other Than Honorable
(OTH). Upon application for discharge review, the member, represented
by McCormack & McCormack, personally appeared before the Navy Discharge
Review Board. By a vote of 4 to 1, the Board changed the member's
characterization of service to General (Under Honorable Conditions). Based
upon the facts and circumstances unique to this case, and after considering
the member's post-service conduct in conjunction with the member's
testimony, and the testimony of the member's witness, the Board determined
relief was warranted.
NAVY CHIEF – TAKEN TO MAST AND DETACHED FOR CAUSE – SEPARATION
BOARD FINDS NO MISCONDUCT
Navy E-7 (Air Traffic Controller) with over 18 years of service faced an
Administrative Separation Board for misconduct (leaving watch without
being properly relieved) and substandard performance of duties (failure
to secure necessary qualifications). Our client was found guilty at Mast
(NJP) of dereliction of duty and was detached for cause.After he was transferred,
Naval Personnel Command directed that he be processed for administrative
separation, putting him in a situation of facing the loss of his career
and retirement benefits, with an unfavorable discharge characterization.
At the board, we acknowledged that our client did in fact leave his watch
without proper relief. We presented significant evidence of good military
character and aggressively challenged the testimony of the Division officer
as to issues that existed in the command. Upon conclusion of the case,
the board returned the finding that our client DID NOT COMMIT MISCONDUCT
and was NOT SUBSTANDARD IN THE PERFORMANCE OF HIS DUTIES. Our client will
now be able to continue with his career, and retire from the Navy.
OFFICER CONVICTED OF POSSESSION OF CHILD PORNOGRAPHY RETAINED – WILL RETIRE
Air Force officer was convicted of possession of child pornography. After
presentation of evidence on sentencing to an officer jury, we were able
to secure a sentence of only thirty (30) days of confinement and some
forfeitures – our client was NOT DISCHARGED. Although our client
had approximately 19 years of service, the Air Force initiated administrative
Show Cause Board of Inquiry proceedings in an effort to secure an administrative
separation of our client, which would deny his receipt of retirement benefits.
Upon appearance before the separation board, we were able to secure a
RETENTION recommendation, which will result in our client being able to
retire from the Air Force.
NAVY OIC RETAINED AFTER BEING DETACHED FOR CAUSE
Navy 0-4 with 15 years of service was assigned as an OIC of an overseas
detachment was detached for cause. After the DFC was approved, Navy Bureau
of Personnel directed that the officer be required to appear before an
administrative Show Cause Board of Inquiry proceedings in an effort to
secure an administrative separation of our client for substandard performance
of duty. After presentation of our evidence and argument before the Board,
our client was RETAINED and will be able to continue his Naval career.
NAVY CHIEF ADMITS DRUG USE – ADMINISTRATIVE SEPARATION BOARD RECOMMENDS
SUSPENDED SEPARATION AND HONORABLE DISCHARGE
Navy Master at Arms Chief Petty Officer (E-7) with over 19 years of service
came up positive on a urinalysis for marijuana. During the course of the
investigation our client made a statement to NCIS admitting to the wrongful
use of marijuana. At a Special Court-Martial, although we prevailed on
a Motion to Suppress that statement to NCIS, the case was still proceeding
to trial. With the chance of securing an acquittal being very remote due
to other evidence we were facing, we were finally able to secure the command’s
agreement to take the case to a Summary Court-Martial where our client
plead Guilty to the wrongful use of marijuana, at which time he was sentenced
to be reduced to pay grade E-6, forfeitures of pay and 45 days of restriction.
Upon submission of a clemency request, we were able to get the command
to suspend the 45 days of restriction. Seven months prior to our client
reaching the 20 year mark for retirement, the command initiated administrative
separation proceedings – at the separation board, our client again
admitted the wrongful use of marijuana – the board recommended that
his separation be suspended for 6 months, and that upon discharge, that
our client receive an HONORABLE DISCHARGE certificate.
Command Master Chief – No Basis for Administrative Separation
Navy E-9 with 23 years of outstanding service was the Command Master Chief
onboard a Naval ship while an investigation was conducted related to assorted
misconduct by enlisted personnel. Although there was no finding of “misconduct”
entered against our client, she was Relieved and Detached for Cause. Naval
Personnel Command directed that our client be processed for administrative
separation by reason of unsatisfactory performance. At the administrative
separation board, we first successfully challenged one of the board members
– once a new member was appointed, upon presentation of the documentation
in support of our client’s case, we argued that the administrative
separation processing was improper, in that our client had not been “counseled”
prior to her DFC as required by the applicable regulations. After we raised
that issue, the Government counsel advised that PERS had been contacted
during the break in the proceedings, and directed that the administrative
separation proceedings continue. Upon reopening of the proceedings, we
presented additional argument on the issue, resulting in another delay
in the proceedings while the Government again evaluated the argument we
presented to the board. When the board was again brought into session,
the Government counsel advised the board to the effect that our position
was in fact correct, and that there was not a basis for administrative
separation. Based upon that concession of the Government, the board found
that there was not a basis to process our client for administrative separation.
Retained After Second Positive Urinalysis
Coast Guard E -5 retained our firm after he came up positive on a urinalysis
for marijuana. Our client had a prior positive for marijuana several years
earlier in his career. We advised our client to refuse Mast (NJP) and
demand trial by court-martial. Upon doing so, the command elected to take
our client to an administrative separation board instead of court-martial.
At the beginning of the separation board hearing, Mr. McCormack successfully
challenged two board members, requiring the board to be rescheduled. At
the second hearing, we presented evidence of unknowing ingestion of marijuana
– despite extensive argument by the Government counsel that the
respondent had previously tested positive for marijuana, and had disclosed
pre-service use of marijuana, the board voted in our client’s favor
and he was RETAINED in the Coast Guard.
Navy Corpsman with NJP for Steroid Use and Forgery Retained
Navy E-6 Corpsman was charged with multiple drug related offenses pertaining
to wrongful possession of narcotics he had been issued pursuant to his
Corpsman duties, as well as the wrongful use of steroids, larceny of narcotics
and ammunition, forgery, fraud and adultery. After an Art. 32 investigation,
we were able to secure a withdrawal of all charges, conditioned upon our
client accepting NJP for wrongful use of steroids and forgery. At NJP,
our client received minimal punishment (he was not reduced in rank), however
he had to appear before an administrative separation board due to the
Navy’s “Zero Tolerance” program on drug offenses, in
addition to an allegation of rehab failure for non-compliance with family
advocacy counseling requirements for domestic abuse, and the forgery allegation.
At the administrative separation board, we secured a finding of no rehab
failure, as well as the recommendation that our client be retained in the Navy.
Navy O-3E NJP Dereliction of Duty - CAREER RETAINED
Navy 0-3E with 23+ years of service was taken to NJP and given a letter
of reprimand for dereliction of duty. NAVPERS directed that our client
appear before a Show Cause Board of Inquiry in an effort to separate the
officer for misconduct. Upon our representation before the BOI, our client
was RETAINED and will be able to continue his career until he retires
when he decides to do so.
Air Force Lt. Colonel - RESULTS OF BOARD OF INQUIRY SET ASIDE - OFFICER RETAINED
Air Force Academy Graduate in the rank of Lt Col (0-5), with over 18 years
of active duty service, was taken to an Article 15 (NJP) for a DUI. Our
client had an extensive adverse history of alcohol related incidents,
to include 3 previous Article 15’s for various alcohol related offenses,
drunk on duty, failure to go to appointed place of duty and a previous
DUI. Our office was retained for representation at his Show Cause Board
of Inquiry. Prior to being retained, the Air Force had sent our client
to inpatient treatment for his alcoholism and he had completed it successfully.
At the time of the BOI, our client had been abstinent for over 8 months.
At the BOI, the board determined that our client should not be retained
in the U.S. Air Force due to misconduct related to multiple Article 15’s
on his record, and that he should be separated with a General characterization
of service. Despite the discharge recommendation, we continued with our
efforts to salvage our client’s career and retirement. We submitted
additional documentation and argument to the Secretary of the Air Force,
to include the fact that our client had now been abstinent for over 17
months, as well as additional recommendations for retention. Approximately
a year after the board recommended separation, the Secretary of the Air
Force granted our request that our client be retained - the findings of
the Board of Inquiry were SET ASIDE, and our client is now able to continue
his service and eventually retire from the Air Force.
Army E-6 - ADMINISTRATIVE SEPARATION BOARD FINDS NO REHABILITATION FAILURE,
Army E-6 faced administrative separation for rehabilitation failure. Client
had become addicted to pain medication prescribed to him by the military.
After doing a self-referral, asking for help with the addiction, our client
was placed into a rehabilitation program (inpatient), however several
days after starting, he had an incident that caused him to leave the program,
and then subsequently abused the same medication (after he had been ordered
to surrender all meds to his command); The command put him through another
inpatient rehab program which he completed, however several days later
he missed formation due to problems with his prescribed sleep medication.
The command declared him a rehabilitation failure at that point and processed
him for separation. At the board, the government took a firm position
that our client had in fact failed rehab on 3 occasions and should be
discharged. After our argument that this was a rehab success, not a triple
rehab failure, the board found that there had been no failure of rehabilitation
and our client has been retained in the Army to continue his otherwise
Navy E-6 Cleared of NJP Charges
Navy E-6 with 12+ years of service retained our office after he was found
guilty at NJP of 2 specifications of sexual harassment, assault and bribery.
In addition to the subject NJP, he had 3 other NJP’s on his record.
At his administrative separation board, we secured a finding of
NO MISCONDUCT as to all offenses.
Navy E-6 Favorably Discharged
Exceptionally successful Navy E-6 administratively separated for Personality
Disorder. Upon presentation of case at Personal Appearance before Discharge
Review Board, we were able to demonstrate that improper medical diagnosis
was made negating factual basis, as well as failure by command to comply
with procedural requirements for that reason for administrative separation.
Result was unanimous vote by Board, based upon both propriety and equity,
with approved decision to change narrative reason for separation to non-adverse
basis of "Secretarial Authority."
Military Physician Retains Service Status
O-6 Active Duty Physician recommended for Administrative Separation through
"Board of Inquiry/Show Cause" procedures for poly-substance
abuse (alcohol and prescription drugs); alcohol rehabilitation failure;
Misconduct - Violation of UCMJ Art. 86: Unauthorized Absence for 3 days
and Unauthorized Absence for 7 days; Art. 133: Conduct Unbecoming an Officer;
and, Art. 134: Drunkenness; as well as Substandard Performance of Duty
and Failure to comport with expected standards for an officer of that
grade and experience. Case determined by panel composed of three Flag/General
Officers with final recommendation for
RETENTION in the Military.
Army Captain Avoids Military Discharge
An Army Captain was taken to a Show Cause Board for failure to keep pace
with his contemporaries. He was represented by military counsel at that
Board and the Board resulted in a recommendation that he be discharged.
Client retained us after discharge orders were executed. We were able
to stop the discharge,
SET ASIDE THE RESULTS OF THE BOARD, and get a new a Board convened. At the new Board, we disqualified the
first panel for bias. The second panel returned a recommendation of
Navy SEAL Avoids OTH Administrative Separation
Navy SEAL had accepted Non-Judicial Punishment for violations of Art 92
– 3 specifications of violating a lawful general regulation by wrongfully
possessing and storing classified material, Art 107 – 3 specifications
of false office statements; Art 121 – 6 specifications of wrongful
appropriation of government property, and Art 134 – violate Title
18, U.S. code by removing classified materials to an unauthorized location.
We were retained after our client received notification for administrative
separation proceedings. At the administrative separation board, the Government
counsel requested separation for misconduct with an OTH. The board ruled
in our favor and found that the evidence did not warrant administrative
separation of our client.
Navy O-3 Retains Naval Career
Navy 0-3, a Naval Academy graduate, was taken to Mast (NJP) on a Naval
ship for charges related to failure to comply with Liberty-Buddy regulation,
as well as fraternization, false official statement and conduct unbecoming
an officer for abandoning his liberty buddy. Our office was retained to
represent him at his Show Cause Board of Inquiry. At the BOI, we were
able to secure a
NO MISCONDUCT finding on the charges of false office statement and fraternization. Although
the Board did find misconduct on the 2 remaining accusations, as well
as substandard performance of duty, the Board found by a vote of 3-0 that
our client would be
RETAINED in the Naval service.
Naval Physician Receives Denied Pay and Bonuses
Naval physician was denied Special Professional Pays and Bonus, as well
as promotion, due to noncompliance with PRT (body fat) standards. We filed
a legal action with the U.S. Court of Claims. While the claim was pending,
the officer came within standards and was given his Special Pays. We thereafter secured
RETROACTIVE PROMOTION in a negotiated resolution of the claim.
Navy Female Secures Successful Resignation
Navy O-3 on active duty was transferred to the West Coast, leaving her
civilian husband and young daughter at home on the East Coast. While stationed
on the West Coast, client gave birth to a second child and was functioning
as a single parent with full responsibility for her young son. Upon our
submission of our client's resignation, our office was successful
in securing her resignation for the good of the service.
Successful Mental Health Separation
PV1, ARNG/USAR, with diagnosed mental health disqualifications, sought
separation on his own without success. Through our representation, PV1
received uncharacterized/entry level discharge from the ARNG/USAR.
Honorable Discharge For Air Force Physician
We were able to secure an
HONORABLE DISCHARGE for an Air Force physician who experienced separation anxiety and initially
resisted returning to her duties after the birth of her child.
Honorable Discharge Release For Military Physician
Air Force physician retained us to assist in securing release from active
duty. Though extensive efforts, we were able to secure an
HONORABLE DISCHARGE for the doctor.
Honorable Discharge Release For Military Physician
Naval physician desired to be discharged after birth of a child. We secured
HONORABLE DISCHARGE with no obligation to reimburse the Navy for her medical education paid
for by the Navy.
USMC E-4 Change of Discharge Record
USMC E-4 was Court Martialed and separated with a Bad Conduct Discharge.
The Criminal Court of Appeals overturned his punitive discharge and he
was released from the USMC at the end of his enlistment with a General
characterization of service. However his narrative reason for separation
was still listed as "as a result of Court Martial." Greg McCormack's
office researched his records and all applicable instructions and petitioned
the Discharge Review Board to correct the narrative reason for separation
to properly reflect the manner in which he was separated. The Discharge
Review Board voted 5-0 to change his narrative reason for separation from
"as a result of court marital" to "End of obligated Service"
thus removing any indication of any court martial proceeding or misconduct
from his DD214.
USMCR LCPL Receives Honorable Discharge
LCPL, USMCR, with physical disqualifications, was subject to involuntary
activation and administrative discharge proceedings, which could have
resulted in characterization of service as Other Than Honorable (OTH).
Through our representation, LCPL received an honorable discharge from
MSO Changed Due to Family Affairs
Army PVT, completed active duty enlistment and transferred to the IRR as
required to complete his Military Service Obligation (MSO). Received orders
activating him and directing him to report for an 18 month deployment.
Assisted client in submitting a delay and exemption package based on wife's
mental health. Exemption from orders approved and client released from
the remainder of his MSO.
Air Force O-5 Retains Military Grade For Retirement
Reserve Air Force O-5 was subject to involuntary separation proceedings
due to misconduct - successfully negotiated retirement in lieu of separation.
The officer then faced a Retired Grade Determination, and was allowed
to retire as an O-5.
Army O-5 Retains Military Grade For Retirement
Active Duty Army O-5 issued Letter of Reprimand that was placed in Official
Military Personnel File and detached for cause, with Referred OER, as
result of allegations of multiple incidents occurring over an extended
period of time and after consuming alcohol, to include inappropriate touching,
obscene comments and vulgar suggestions to a number of officer and civilian
personnel. Allegations and government response resulted in determination
by the Officer Retirement Grade Determination Board. After consideration
of response package prepared by our firm, officer was permitted to retire
as an O-5.
Army Officer Secures Voluntary Retirement Retaining Rank
Army COL Detached For Cause, Administratively Reprimanded, issued referred
Officer Evaluation Report and processed for "Elimination" after
being identified to show cause for retention based upon personal misconduct
by engaging in an inappropriate relationship and conduct unbecoming. We
were able to obtain a voluntary retirement in lieu of elimination, with
retirement Grade Determination Review Board recommending, and the Secretary
of the Army approving, retirement as a Colonel.
Army Medical Officer Secures Grade and Career
Army medical services officer was given a General Officer Memorandum of
Reprimand, relief for cause and adverse OER as a result of an AR 15-6
investigation after a complaint of sexual harassment of a subordinate
officer and a civilian employee, as well as falsification of patient records.
Upon receiving notification that he would have to appear before a show
cause board of inquiry, he retained our firm to represent him in an effort
to save his retirement.
On the day of the BOI, we asked for a delay as a result of late notification
of witnesses to be called by the Government, as well as late notification
of the intention to present evidence as to alleged misconduct at his last
2 prior commands - that request was granted. Immediately after the continuance
was granted, the Government served our client with notice that the additional
alleged misconduct at his prior commands would also be considered by the
BOI Several days prior to the scheduled hearing, the Government disclosed
that another 15-6 investigation had been conducted, and although the report
was not finalized, they intended to use the findings and statements obtained
in that 15-6 against our client.
The night before the hearing, the Government counsel provided numerous
documents to us for the first time, advising of the intention to use those
documents at the hearing. On the morning of the hearing, we argued that
the Government again failed to provide sufficient notice to our client
of the additional 15-6 investigation, as well as its intention to use
the documents in question against our client. The president of the BOI,
agreeing that the notice was not sufficient, indicated that he would bifurcate
the proceedings, with the intention to proceed on that date with the original
evidence, but to also continue the hearing to a later date for presentation
of the new evidence by the Government.
After our extensive argument against that procedure, the president of the
BOI finally accepted our position and directed that the BOI would proceed
to completion that date, and that the “new” evidence obtained
from the second 15-6 investigation could not be used by the Government.
The Government called nine witnesses against our client, including a one
star General, in an effort to separate our client from the Army, despite
the fact that he had 19 years, 3 months of active duty, and more than
30 years of cumulative service with reserve time. The BOI returned findings
that the evidence did not support the majority of the accusations, and
recommended that our client be
RETAINED in the Army with a rehabilitative transfer. Our client will now be able
to complete his 20 years of active duty and retire in his current pay
grade of 0-4.
Don't Ask - Don't Tell Honorable Discharge
Navy reservist was notified of mobilization. We secured an administrative
discharge based upon homosexuality, with an
HONORABLE DISCHARGE CERTIFICATE.
Air Force O-3 Retains Honorable Discharge
Active Duty Air Force O-3 was subject to show cause for retention action
due to homosexuality, with an Other Than Honorable characterization of
service. Through our efforts, the officer was ultimately allowed to resign
in lieu of show cause proceedings, with an Honorable discharge.
Honorable Discharge From Homosexuality in the Military Case
A military member may be processed for administrative separation by reason
of either being a homosexual (i.e., a "status" case) or by engaging
in homosexual acts (i.e., an "acts" case). If a person is either
homosexual or has engaged in homosexual acts, that person will be separated
from the military unless all specified "retention criteria"
are met. Prior to contacting our firm, an Army O-3 self-referred and requested
administrative separation based upon "being homosexual" (i.e.
a "status" case). At that time the officer was represented by
an attorney and, because that attorney provided very limited information
to the administrative separation Board of Inquiry, the end result was
that the officer was retained in the service. This result occurred because,
by limiting the information presented, the Board found that all of the
"retention criteria" were met, which permits a homosexual member
to be retained in the service. Sometime after that administrative separation
process was concluded, we were retained to assist the officer and we were
able to obtain an Honorable Discharge on the basis of engaging in homosexual
acts (i.e., an "acts" case). Because there had been a previous
processing of the case, there were substantial concerns with the possibility
of false official statement allegations or other possible adverse consequences
that would not normally be present in handling a separation on the basis
of homosexuality or homosexual acts. By our handling of the case, we were
able to achieve the client's desired result of separation, with an
Honorable Discharge and no adverse consequences.
Navy ROTC Cadet Educational Expense Recoupment
Navy ROTC cadet upon completion of her 4 year degree was found unfit for
commissioning in the restricted or unrestricted line and disenrollment
procedures were initiated. 9 months later it was determined that her condition
could now be waived and she was offered a commission in the restricted
line. Client refused to accept a commission in the restricted line and
was notified by DFAS that they were recouping all of the educational expenses.
Greg McCormack's office became involved and uncovered information
that showed the client had never been notified of any waiver process and
that her condition was considered fully waiverable with no recoupment.
Final decision was made by the SECNAV's office that client's full
educational recoupment be waived and that her condition be listed as not
waiverable in any respects.
Successful Release Due To Medical Reasons
Army ROTC student was ordered to active duty after being disenrolled from
the ROTC program. Our client had attempted to secure her release for medical
reasons, but her request was denied. We were able to accumulate the requisite
records and to secure our client’s
RELEASE FROM HER ACTIVE DUTY OBLIGATION.
ROTC Student Released From Active Duty
Army ROTC student was terminated from the ROTC program and upon graduation
from college, was ordered to serve on active duty in an enlisted status.
We secured a
RELEASE FROM THE ACTIVE DUTY OBLIGATION.
USMC SFC Receives Honorable Discharge
SFC, USMC, seeking an officer commission, was subject to disenrollment
from NROTC Program due to physical disqualifications, and sought voluntary
separation. SFC was returned to enlisted status and ordered back to active
duty. Through the Law Firm of McCormack and McCormack and his staff's
representation, SFC received an honorable discharge from the USMC.