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GREG MCCORMACK HAS BEEN REPRESENTING CLIENTS IN MILITARY
COURT-MARTIALS, ADMINISTRATIVE SEPARATION ACTIONS AND OTHER
CRIMINAL CHARGES, AS WELL AS IN CIVILIAN COURTS, SINCE HE LEFT
ACTIVE DUTY AS AN ARMY LAWYER IN 1982. A REPRESENTATIVE
SAMPLING OF SOME OF THE RESULTS OF OUR CASES IS PROVIDED FOR
YOUR REVIEW.
***** DISCLAIMER ***** THE FOLLOWING LIST OF SPECIFIC OR CUMULATIVE
CASE RESULTS IS PROVIDED FOR YOUR REVIEW. YOU NEED TO BE AWARE THAT
ACTUAL CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE
TO EACH CASE. THE CASE RESULTS PROVIDED DO NOT GUARANTEE OR PREDICT
A SIMILAR RESULT IN ANY CASE UNDERTAKEN BY THIS LAW FIRM.
• Army E-1 was apprehended after being absent from his command for in excess of 27 months. He had previously been awol for 6 mths. After charges were referred to a Special Court-Martial for the two periods of awol, we were able to get the command to approve an administrative discharge in lieu of court-martial (Chapt. 10), to secure our client’s separation from the Army with an OTH – no conviction, no punitive discharge and no confinement other than 6 days by civilians when he was first arrested. The prosecutor had previously advised us that the command would not accept a Chapt. 10 on this case, and that our client would face a federal conviction, some jail time and a bad conduct discharge.
• A Marine Corps E-9 was charged with Unauthorized Absence for in excess of 4 months, Violating the direct order of an O-9, two specifications of Dereliction of duty and two specifications of False official statements. We were unable to resolve the case in a non-judicial forum upon the government's insistence that the case proceed to a court-martial. After a fully contested trial, we were able to secure an acquittal on all but one specification of dereliction of duty, with a sentence of only a reprimand and a small forfeiture. The sentence imposed by the judge was less than what could have been awarded at an Art. 15. The member will be able to retire as an E-9, and receive more that $20,000 in back pay.
• Army E- 3 went AWOL after serving in Iraq where he was
wounded in combat. Upon being retained, we secured a psyhcological
evaluation which resulted in a diagnosis that our client suffered
from PTSD (post trauma stress disorder). Despite the stated intention
of the Army that our client would be taken to a court-martial for
his 14 month period of awol, we were able to secure his administrative
separation from the Army without a federal conviction and NO confinement.
• Navy E-1 went UA from ship and remained absent for 6 years
when he was pulled over for speeding by civilian authorities. He
was apprehended by the civilian police on a warrant for his arrest
for desertion from the military. We were able to secure his release
from the civilian jail and within 6 days of retaining our firm,
he was separated by the Navy without any conviction on his record
- he never had to return to military control.
• Navy E-1 went UA from ship and remained absent for over
1 year when he was apprehended at the Mexican border. After he was
returned to military control, he was placed in pretrial confinement.
We were able to secure his release from the brig and administrative
discharge from the Navy within two weeks, without any conviction
on his record.
• Army E-2 went AWOL after transferring from his unit not
reporting to his new command. After of year on the run, he was apprehended
by civilian police for desertion. We were able to secure his administrative
discharge from the Army, without any conviction on his record, within
one week after we coordinated his surrender to the military authorities.
• Army E-1 went AWOL after returning home for the holiday
leave period. After confirming that he had been dropped from the
rolls, we coordinated his return to military control and were able
to secure his discharge from the Army, without any conviction on
his record, within one week after we coordinated his surrender to
the military authorities.
• Army recruit retained our services after he was declared
a deserter. We were able to secure his administrative discharge
from the Army, without any convictions on his record, within one
week after we coordinated his surrender to the military authorities.
• Marine who could not handle the rigors of advanced training
failed to return after a period of leave. Although we had arranged
for him to surrender himself, he was arrested by civilian authorities
before he did so. We secured his administrative separation without
a conviction on his record.
• Navy Petty Officer was arrested by civilian police for
desertion in excess of seven months and turned over to the military
authorities. We were able to secure his administrative discharge,
without any criminal record, within two weeks of his return to the
military.
• Army recruit in basic training was experiencing significant
emotional problems. Although she failed her physical training, the
command refused to discharge her, instead recycled her for additional
physical training. We were able to secure her separation with an
ELS.
• Navy Petty Officer was in an unauthorized absentee status
for in excess of two years when he was arrested on a state criminal
charge. After he was placed in confinement on a desertion charge,
we were able to secure his release from the brig within seven days
of his surrender to military authorities and his administrative
discharge from the Navy, without any convictions on his record.
• Army Warrant Officer was charged with AWOL, as well as
use of drugs. We submitted a request for discharge in lieu of Courts-Martial,
however the command refused to accept that and referred the charges
to a General Courts-Martial. On the first day of trial we were able
to secure a delay due to some procedural problems with the charges,
at which time we then resubmitted the request for discharge in lieu
of trial and were able to get it approved.
• Navy junior enlisted was administratively discharged with
no conviction or confinement after being in a deserter status for
several years.
• Army E-4 National Guard recalled to active Army. Went AWOL
from training command and remained absent for over 65 days. We coordinated
his surrender to military control on a Wednesday - following Tuesday
he was heading home to his family without any confinement or conviction
on his record.
• Navy E-1 went UA from Boot Camp and remained absent for
181 days. We coordinated his surrender with Transient Personnel
Unit who had records waiting when he returned to their control.
Discharged from Navy 3 weeks later without any confinement or conviction
on his record.
• A sailor who had been absent from his command for almost
3 years retained our firm. We were able to secure the discharge
of our client from the Navy without him having to return to military
control – he never left home.
• A female sailor, after having experienced discrimination
at her command with no resolution, absented herself without authority.
After nine months of absence, she received a phone call at her house
that a sheriff's deputy was on the way to apprehend her. We were
able to coordinate her return to a Naval base, where after one month,
she was discharged from the Navy.
• Army E-4 went AWOL after transferring from unit stationed
in Korea and did not report to new command for 5 months. Our office
coordinated his surrender to military control and negotiated discharge
from the military without any confinement or conviction on his record.
• Marine E-3 in School of Infantry quickly learned that he
could not adapt to the military lifestyle and rigors of the Marine
Corps. He departed his command without authority and his family
retained our office to assist in securing his release from the Marine
Corps. After securing a civilian psychological evaluation, we were
able to coordinate our client's return to the Marines and secured
his discharge without any confinement or conviction on his record.
*****DISCLAIMER*****
THE FOLLOWING LIST OF SPECIFIC OR CUMULATIVE
CASE RESULTS IS PROVIDED FOR YOUR REVIEW. YOU NEED TO BE AWARE THAT
ACTUAL CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE
TO EACH CASE. THE CASE RESULTS PROVIDED DO NOT GUARANTEE OR PREDICT
A SIMILAR RESULT IN ANY CASE UNDERTAKEN BY THIS LAW FIRM..
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