Senior officer (O-5) subject of flag officer attempt to file an adverse Matter of Interest (MOI) in personnel record for handling of complicated unit member sexual misconduct cases while in command. Thorough examination of facts, review of relevant law and directives, and careful drafting of client objection to MOI resulted in Bureau of Navy Personnel / Navy Military Personnel Command denial of flag officer request to include adverse MOI in personnel record.

Fort Story, also known as Joint Expeditionary Base East, is an installation connected to the United States Navy and Little Creek Amphibious Base. Fort Story is also the Army’s only facility that trains troops with amphibious equipment. The location of Fort Story in Virginia Beach, Virginia provides a variety of different terrains to train military units, including dunes, sandy trails, surf, deep-water anchorage, tidal changes, and cypress swamps as well as open land. In 1941 before World War II, the Harbor Defense Headquarters was moved to Fort Story, which greatly expanded the base and in 1944 the coast was heavily fortified. The base was declared a permanent installment in 1961. With offices conveniently located in Norfolk and nearby Virginia Beach, our military defense lawyers have defended countless military members in courts-martial, discharge boards, and other military justice matters at Fort Story. If you or a loved one face military disciplinary action at Fort Story, we encourage you to contact our Fort Story military attorneys for a free consultation.

Army E-7 tested positive on a unit sweep urinalysis test for marijuana and his chain of command referred his case to a court-martial. Complicating matters, our client also tested positive on a urinalysis test for marijuana fifteen years earlier, which the government sought to introduce as evidence of a pattern of drug involvement. Our client also had been counseled on numerous occasions for integrity issues. As a result, if our client testified, the panel would have learned that he had a history of making false statements and had a previous positive test result for marijuana. Since we were significantly limited in what type of case we could present due to these prior incidents, our attorneys instead attacked the collection program at the command, highlighting numerous instances of non-compliance with AR 600-85. Result: Even without testifying, our client was found NOT GUILTY of wrongful marijuana use.

MIDDLE ATLANTIC: Client defense contractor was issued a Statement of Reasons (SOR) under Adjudicative Guideline F – Financial Considerations, alleging three mortgage loan accounts, totaling approximately $935,000.00 in default/arrears, with all three being foreclosed upon and the Applicant being still liable for approximately $225,000.00 in outstanding debt. After working with client to resolve the outstanding financial liability, and presenting a strong case for responsible actions in incurring the debt, despite the substantial losses when the economy suffered a catastrophic downturn, the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

Reserve O-5 issued Letter of Intent (LOI) to revoke clearance after having recently favorably appealed a previous revocation of security clearance and granting of clearance with caution. Initial denial was based upon allegations of child emotional and physical abuse, arrests for assault, assault and battery, domestic assault, assault and battery on a family member and obstruction of justice on five different occasions. Within two weeks of the previous granting of the clearance with caution, the officer was charged with felony hit and run as well as reports being received of the officer engaging in an inappropriate personal relationship outside of marriage and the unauthorized disclosure of classified information to that person. Coincidental with these issues arising in the military context, client was in the process of obtaining adjudication for a clearance as a civilian employee of a different Federal Agency. After presentation of a response package, in answer to the LOI, to the Military Service's Central Adjudication Facility the CLEARANCE was REINSTATED, again with caution, and without the necessity of a personal appearance before an Administrative Judge. The client was then able to submit the response to the military LOI to the other Federal Agency and obtain a clearance.

Active duty E-6 received Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines for Personal Conduct and Financial Considerations concerning eight accounts in arrears/collection/bad debts totaling approximately $25,000 as well as the omission of relevant and material facts on the SF86 and admissions during OPM background investigation to spending more money than was being earned. After submission of detailed response to SOR, Central Adjudication Facility (CAF) found FOR THE APPLICANT and granted the clearance without the necessity of a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA).

Air Force E-7 tested positive on a random urinalysis for marijuana. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Result: The officer members found our client NOT GUILTY of the charge against him.

Navy E-7 was charged with Aggravated Sexual Assault following a night of partying with his female Division Officer and other junior Sailors. His Division Officer alleged that he sexually assaulted her while she was substantially incapacitated due to intoxication. At trial, our cross-examination of the alleged victim highlighted the various inconsistencies in her story, as well as a significant motive to fabricate her allegations against our client. Result: The Officer and Enlisted Member Panel found our client NOT GUILTY of Aggravated Sexual Assault.

Client Defense Contractor employee retained our assistance for a "Reapplication after Denial," with the previous clearance being denied under Adjudicative Guideline G – Alcohol Consumption as a result of excessive consumption for many years, five DUIs, diagnosis as alcohol dependent, and then continuing to consume alcohol notwithstanding such diagnosis. After ceasing consumption of alcohol and providing documented proof of such cessation, along with changes in behavior indicative of sobriety, we were able to assist client in being approved for a new clearance.

Army E-4 was charged with possession of child pornography and was facing the possibility of 10 years confinement, a dishonorable discharge, and a sex offender registration. At his Article 32 hearing, our knowledgeable cross-examination of the government’s forensic computer expert highlighted the government’s inability to prove that our client ever viewed the files of child pornography that were found on his computer. As a result, the government WITHDREW AND DISMISSED the charge against our client.

Client defense contractor was issued a Statement of Reasons (SOR) under Adjudicative Guideline H – Drug Involvement and E – Personal Conduct for use of illegal drugs and misuse of prescription drugs, testing positive for illegal drug use, and drug use while possessing a security clearance, as well as failing to disclose drug use in a security clearance background investigation and adjudication. After presenting the case before an Administrative Judge from the Defense Office of Hearings and Appeals, the clearance was granted with the Judge finding FOR THE APPLICANT.

Air Force E-3 was charged with raping and engaging in indecent acts with a 15-year old girl. At his General Court-Martial, our aggressive cross-examination of the alleged victim established countless inconsistencies in her version of what occurred. Further, we presented evidence of our client’s innocent state of mind following the night that the misconduct allegedly occurred. Result: Without even having to testify, our client was ACQUITTED of all charges against him.

Navy E-9 with over 28 years of service tested positive for cocaine on a random urinalysis. At his subsequent Court-Martial, we presented extensive evidence of our client's exceptional military character and the possibility of an unknowing ingestion of cocaine due to his low nanogram level. Result: The member panel found him NOT GUILTY of the charge and our client's outstanding military career continued unblemished.

Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him.

Client defense contractor issued Statement of Reasons (SOR) under Adjudicative Guideline for Financial Considerations based upon a dozen accounts in collections, arrears, and/or Judgments, totaling approximately $22,000. After presentation of case at a Hearing, the Administrative Judge found FOR THE APPLICANT and granted the clearance.

Air Force E-7 tested positive on a random urinalysis for marijuana. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Result: The officer members found our client NOT GUILTY of the charge against him.