DISCHARGE FROM THE MILITARY CASES

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 LtCol (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, NCO RETAINED

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 outstanding career.

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 RETENTION.

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 the USMCR.

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.