| 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 listing of specific case results is provided
for your review. You need to be aware that case results depend upon
a variety of factors unique to each case. The listing of the case
results noted below do not, in any respect, guarantee or predict
a similar result in any future case which may be undertaken by this
law firm.
• Navy enlistee separated for fraudulent enlistment based
upon alleged failure to disclose pre-service mental health counseling
for depression. After presentation of case to Board for Correction
of Naval Records we were able to obtain change in basis for discharge
to erroneous enlistment, which is a non-adverse basis for separation;
and not a "misconduct" basis for separation. As such,
the former service member will not face the stigma that would come
with a misconduct based discharge as it affects future employment
prospects and character of service.
• PO1, U.S. Navy with over 12 years of honorable service
separated at end of enlistment with discharge code "KBK" - indicating
that discharge was voluntary. We were able to show that discharge
was involuntary, resulting in change to DD-214 and payment of over
$30,000 in separation pay.
• Army Reserve SGT mobilized in support of combat operations
in Iraq. Within six months of active duty mobilization, while in
Iraq, he is diagnosed with Myasthenia Gravis that has resulted in
significant cognitive deficits and chronic fatigue. Physical Evaluation
Board (PEB) finds member unfit for continued service, determines
the medical condition to be Existing Prior To Service (EPTS ) and
that the condition was not aggravated by military service. This
results in "no" disability rating and a finding that the
disabling conditions have no connection with military service. SGT
scheduled to be separated with no benefits from the Army and unlikely
to be able to obtain benefits from the VA given the Army's "not
ratable" determination. Given medical condition, client is
"unemployable." After being retained we are able to obtain
verification from civilian and military health care providers, and
prove to the PEB, that the condition was not EPTS. Result: 40% disability
rating from the Army and clear eligibility for VA benefits as well.
• Navy enlistee separated with an Other than Honorable characterization of service, for misconduct - commission of a serious offense based upon an arrest warrant issued by civilian authorities for an offense that occurred prior to the enlistment. After presentation of case to Navy Discharge Review Board we were able to obtain a change in basis for discharge to erroneous enlistment, which is a non-adverse basis for separation; and not a "misconduct" basis for separation. Additionally the characterization of service was changed from Other than Honorable to Honorable based upon the service member's record. As such, the former service member will not face the stigma that would come with a misconduct based discharge as it affects future employment prospects and will now be eligible for educational benefits.
• Navy E-4 facing processing for administrative separation
due to Misconduct - Pattern of Misconduct. We were retained and
identified numerous procedural and substantive deficiencies and
discrepancies in the Convening Authority's case, which we reported
to the Separation Authority. By continuing to press the issue we
were eventually able to get the client involuntarily separated for
a medical condition, not otherwise unfitting. End result is that
rather than receiving an Other Than Honorable characterization of
service, client received Honorable Discharge, separation pay, had
enough time before separation to submit and then receive a 30% disability
rating from the VA and entitlement to TRICARE due to basis for separation.
• Army Staff Sergeant received Adverse Noncommissioned Officer
Evaluation Report (NCOER) as result of positive urinalysis test.
We challenged basis of NCOER, showing multiple errors in urinalysis
processing to include incomplete "unit sweep" testing
premise, improper pre-test briefing, inclusion of observers and
coordinators samples in same batch, and multiple documentation errors,
resulting in removal of adverse NCOER and all related documentation
from Staff Sergeant's record.
• PO2 U.S. Navy processed for administrative separation
using notification procedures; for Convenience of the Government,
Personality Disorder. Because basis and characterization as General,
Under Honorable conditions was considered to be acceptable to service
member, he waived all his rights. On day of discharge he was notified
that he was being separated for Misconduct as well as Convenience
of the Government. Upon being retained, we investigated the case
and were able to demonstrate improper alteration of notification
and election/waiver of rights form by command, resulting in BCNR
disapproving discharge based upon misconduct. Additionally, we were
able to show that based upon his overall character of service he
should have received an Honorable vice General Discharge; resulting
in change of basis for discharge and upgrade to characterization
of service.
• Air Force E-7 required assistance in obtaining reinstatement
of promotion to E-8 following self-reporting of fraternization relationship
with Air Force Officer. The Master Sergeant self-reported the brief,
inappropriate relationship. Thereafter, immunity from prosecution
was granted and there were repeated assurances from the chain of
command that no adverse action would be taken against him given
his full cooperation in the investigation of the incident. Nonetheless,
two years later, upon notification of selection for promotion to
the higher pay grade, the command took action to withdraw his name
from the promotion list. We prepared a petition to the Board for
Correction of Air Force Records, which denied the requested relief,
however, the Office of the Assistant Secretary of the Air Force
agreed with our petition and granted the promotion to Senior Master
Sergeant, retroactive to his regularly scheduled promotion date
and the award of full back-pay.
• O-3 erroneously advised of failure to select for promotion
to O-4 and released from active duty. Thereafter, while working
overseas the service identifies error, however, officer is never
advised of correction regarding selection for promotion to O-4.
Consequently, officer has no record of service for those years while
living overseas. Several years later officer returns from overseas
and re-affiliates with service. After only a couple of years officer
is up for promotion and fails to select for O-5, based on absence
of service as an O-4, and is again released from service. Our petition
before the Special Selection Board resulted in our client’s
SUCCESSFUL SELECTION FOR PROMOTION TO O-5.
• Air Force E-8 with over 22 years of service retained us
to represent him in an effort to secure his retirement from the
US Air Force. Prior to our retention, he had appeared with military
counsel before an Administrative Separation Board for misconduct
revolving around a federal conviction for which he was sentenced
to 22 months in prison. The separation board found that he committed
misconduct and he was thereafter separated from the AF with an OTH
resulting in a loss of all retirement benefits. Although the client
was successful in getting his sentence in federal court vacated,
the conviction remained on his record. We were able to secure an
Order from the Federal Court of Appeals in Georgia to set aside
the conviction and thereafter we were able to SECURE REVERSAL OF
THE DISCHARGE PROCEEDINGS, RESULTING IN OUR CLIENT BEING RETIRED
FROM THE AIR FORCE WITH THREE YEARS OF BACK PAY AND BENEFITS.
• After the death of her husband who had retired from the
Air Force, a dependent wife was informed that she was not entitled
to any survivor’s retirement benefits based upon her husband’s
service on the grounds that she had allegedly previously waived
her entitlement to those benefits, when in fact she had not done
so. After our client was denied relief through the Board of Corrections
on two occasions, we were retained in an effort to secure her benefits.
After we filed a formal complaint in the Federal Court of Claims,
the AF conceded the case and our client will receive her survivor’s
retirement benefits.
• Navy E-4 reduced in rate to E-2 at back-to-back NJP’s,
and then processed for administrative separation, Misconduct (Pattern
of Misconduct) and Misconduct (Commission of a Serious Offense)
with command seeking an Other Than Honorable discharge. We challenged
numerous irregularities in the disciplinary and administrative separation
process to include conducting 2 separate NJP’s for related
offenses, all of which were known by the Navy at the time of the
first NJP, providing member with an administrative counseling retention
warning and then, without additional misconduct, conducting a separation
board. We achieved initial success in obtaining recommendation at
separation Board for a General Discharge, and our continued post-admin
board actions resulted in RESTORATION OF ONE PAY GRADE REDUCTION
AND CORRECTION OF HIS DD214 to reflect reason of separation as END
OF ACTIVE OBLIGATED SERVICE WITH AN HONORABLE DISCHARGE.
• Navy E-5 reported positive on a urinalysis. Despite numerous
irregularities as to the collection process which were disclosed
at the administrative separation board, the board ruled against
our client and recommended discharge. After our client was discharged,
we filed a petition before the Board for Correction of Military
Records which ruled in favor of our client, SETTING ASIDE HIS DISCHARGE
FOR MISCONDUCT, CHANGING HIS REENLISTMENT CODE TO RE-1, GIVING HIM
AN HONORABLE DISCHARGE CERTIFICATE AND AWARDING HIM TWO YEARS BACK
PAY AS AN E-5.
• Navy LT (LDO) punished at shipboard NJP for multiple charges
of sexual harassment, followed by Board of Inquiry, resulting in
Administrative Separation just a few months shy of reaching 20 years
of service and retirement eligibility. Major issues identified in
NJP and BOI processing of case, resulting in successful petition
to Board for Correction of Naval Records with Retirement Grade Determination,
AWARD OF BACK PAY FOR THOSE MONTHS OF ACTIVE DUTY NECESSARY TO ACHIEVE
RETIREMENT ELIGIBILITY, ALL BENEFITS AND RETIRED PAY FROM RETIREMENT
ELIGIBILITY DATE FORWARD.
• Army Specialist diagnosed with congenital heart condition
that has deteriorated to the point of requiring aortic valve replacement.
Physical Evaluation Board (PEB) finds member unfit for continued
service, determines the medical condition to be Existing Prior To
Service (EPTS ) and that the condition was not aggravated by military
service. This results in "no" disability rating and a
finding that the disabling condition has no connection with military
service. After being retained we are able to obtain verification
(from same health care providers that previously found no service
aggravation) that while condition is EPTS, it was definitely aggravated
by military service. Result: 60% disability rating, which was awarded
without necessity of formal PEB, significantly reducing legal expenses.
• A senior Naval physician had allegations of medical negligence
brought against him. His credentials were suspended and he was taken
to a credentialing hearing, which was resolved in our favor. Several
months after his credentials were restored, two additional allegations
of negligence were made, and again the Doctor's credentials were
suspended. We went through a second credentialing hearing in Jacksonville,
FL. Once again we obtained a favorable result and the Doctor was
able to retire with his CREDENTIALS INTACT.
• Navy Petty Officer was charged with rape of a shipmate.
After the Art. 32, in order to avoid the risks associated with proceeding
on the rape charge, we were able to secure an administrative discharge
for our client in lieu of court-martial, based upon his agreement
that he engaged in sexual contact in a room with an unlocked door
when another person was present in the house. Although the discharge
was under other than honorable conditions, we told our client we
felt we could possibly get his discharge upgraded after he was out
of the Navy. Once he was discharged, we filed a petition for upgrade
of the discharge on the grounds that the act he admitted to was
not a criminal offense worthy of an adverse discharge - the Board
for Correction agreed and UPGRADED HIS DISCHARGE TO AN HONORABLE
BASED UPON EXPIRATION OF TERM OF SERVICE.
• A Navy SEAL first class petty officer was charged with
a positive urinalysis. When we appeared before a separation board,
the board recommended separation, although the discharge characterization
was a General under Honorable conditions. After the board, we filed
a petition for review before the Board for Correction of Military
Records. After nearly 2 1/2 years of ongoing legal maneuvering,
the Board of Corrections found in our favor and REVERSED the finding
of misconduct. The Navy thereafter gave the sailor credit for pay
purposes for all time since he had been discharged and RETIRED HIM
WITH FULL RETIREMENT PAY AND BENEFITS, as well as clearing his record
of any reference to the alleged drug usage.
• A Navy E-5 with in excess of 18 years of service came to
us to assist in her efforts to correct her Naval records. Our client
had been to non-judicial punishment on seven occasions over her
career and had been denied reenlistment due to her record. Through
a petition to the Board for Correction of Naval Records, we secured
a REVERSAL OF HER SEPARATION, RESULTING IN HER BEING RETIRED FROM
THE NAVY, WITH AN AWARD OF BACK PAY.
• Marine Corps O-4 with 12½ years of outstanding service
was charged with a violation of the UCMJ, adultery. Subsequently,
he was required to show cause for retention before a Board of Inquiry.
Prior to the board, and under advice of another civilian attorney,
he regrettably waived his right to appear before the board and was
thereafter discharged from the Marine Corps with an Other Than Honorable
discharge. Through the BCNR, our representation sought to reverse
the discharge, and request reinstatement to service. Argument was
presented that the offense regarding the proceedings was more than
5 years before the notification of proposed separation, that the
Petitioner was subject to blackmail, and that his exemplary military
service did not warrant characterization as Other Than Honorable.
The BCNR awarded partial relief by changing his character of service
to General (under honorable conditions).
***** DISCLAIMER *****
The following listing of specific
case results is provided for your review. You need to be aware
that case results depend upon a variety of factors unique to each
case. The listing of the case results noted below do not, in any
respect, guarantee or predict a similar result in any future case
which may be undertaken by this law firm.
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