USN E-5 tested positive on a command-sweep urinalysis for cocaine. His command began preparations for Captain's Mast and an Administrative Discharge Board. Immediately after being retained, the attorneys of JAG Defense began a thorough investigation into the allegations of drug abuse. In doing so, we identified a suspicious tea consumed by our client in the days leading up to the urinalysis collection. We arranged to have the tea tested by a private laboratory, which confirmed the presence of coca leaf in the tea. Armed with this scientific evidence, our attorneys prepared a comprehensive and compelling package detailing the findings of our investigation and provided it to the chain of command, to include the laboratory results, sworn affidavits of witnesses, and scientific articles about urinalysis testing following the ingestion of "coca tea." Result: Without even having to go to a discharge board hearing, the charges against our client with WITHDRAWN and DISMISSED.

Prior to JAG Defense involvement, Air Force E-5 was administratively reduced in paygrade to E-4 for substandard performance of duty, and immediately recommended for administrative discharge. Over the course of his 18 year career, our client had received numerous negative performance reports, been downgraded in his skill level assessment, been previously separated due to Reduction in Force, had failed to progress in multiple career fields, and had received numerous Letters of Counseling/Admonition/Reprimand. Client hired JAG Defense to represent him at his administrative separation board for substandard duty performance. At his board, we convinced the member panel to vote 3-0 for Probation and Rehabilitation for our Client. Despite that recommendation from the Board, Client’s chain of command opted to deny Client the opportunity for Probation and Rehabilitation, and continued to pursue discharge. JAG Defense continued to work with Client to fight the discharge, to include having him assessed for ADHD (where he was prescribed much-needed medication), and transferred to a new unit for a fresh appraisal of his duty performance. We solicited duty performance endorsements from his new chain of command, obtained evaluations from medical providers for his ADHD, and fought the discharge all the way to the Office of the Secretary of the Air Force. RESULT: Despite strong recommendations for discharge from the Wing, NAF, and MAJCOM levels, our client was RETAINED by the Office of the Secretary of the Air Force and will RETIRE from the USAF.

Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a "Civilian Conviction" under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy.

A Navy E-5 was charged with disrespect to a Master Chief. Upon retaining our services, our client took our advice, refused Captain’s Mast and demanded a court-martial. Instead, his command initiated administrative discharge processing. At his subsequent administrative discharge board, we presented an overwhelming case in mitigation of our client’s actions. Result: Our client was RETAINED in the U.S. Navy.

A retirement-eligible Navy Chief allegedly made a racist comment to a subordinate Sailor. As a result, her command attempted to discharge her, which would have likely resulted in the loss of her retirement. At her discharge board, we presented evidence that the alleged "victim" of the racist comment had a history of filing baseless EO complaints throughout her career. Further, we demonstrated that the command failed to exhaust lesser administrative remedies for the situation. Result: The board voted 3-0 that our client committed NO MISCONDUCT and she was RETAINED in the Navy.

Air Force E-6 with over 18 years of service was admitted to a civilian hospital. During her hospital stay, she allegedly tested positive for marijuana. Her command issued her a Letter of Reprimand (LOR), established an Unfavorable Information File (UIF), and initiated a separation action against her. Without even needing a board hearing, we were able to convince her command that the positive urinalysis was unreliable, that the LOR and UIF should be rescinded, and that separation action processing should cease immediately. Result: Our client was RETAINED without having to go through the stress and uncertainty of an administrative discharge board.

Navy E-5 was discovered in possession of 2 different types of steroids on board a deployed ship, and subsequently admitted to his drug possession. Pursuant to the Navy’s “Zero Tolerance” policy, his command sent his case to an administrative separation board, where he faced the possibility of being discharged with a characterization of Other Than Honorable (OTH). Client contacted our firm after speaking with another civilian lawyer, who declined to accept his case, stating that there was nothing he could do to help. After speaking with the client, we agreed to take his case. At his subsequent administrative separation board, we convinced the member panel to vote 3-0 in favor of retention. Because it was a “mandatory processing” drug case, the case needed approval from BUPERS for retention, which we sought and obtained. RESULT: After being advised by another civilian attorney that his case was hopeless, our client was RETAINED in the U.S. Navy.

Army O-4 was investigated for disrespect, insubordination, and false imprisonment of a senior officer. The allegations stemmed from an extremely heated argument with his superior officer. The command was initially considering an Article 15 or court-martial, a referral OER, and had cancelled our client's upcoming PCS and XO assignment. Upon retention, we assisted our client through all investigative steps and administrative responses. In doing so, we were able to successfully diffuse a very volatile situation, resolving the case with an administrative counseling. That administrative counseling was filed locally, and immediately shredded when we re-secured our client's XO assignment and immediate PCS. Further, the senior officer who alleged the disrespect, insubordination, and false imprisonment became the subject of a separate investigation in light of our responses and presentation of evidence.