Army, SSG, E-6, Soldier involved in serious car accident. Prosecutors claim NCO was the under influence. Government considers court-martial charges, but offense ultimately resolved by Article 15, UCMJ. Defense drafts Article 15 rebuttal. Command reduces NCO one stripe, but agrees to forego any administrative separation. Client retained in service; and she continues onward with MEB and full medical retirement.
Army, SSG, E-6, faced several sexual assault charges. Defense vigorously defends NCO at Article 32, UCMJ hearing. Prosecutors withdraw sex assault charges. Defense drafts Article 15 rebuttal. Command reduces NCO to E-5, but decides against involuntary separation. Client retained in service.
Army, 1LT, 0-3, probationary officer faced elimination based upon two GOMORs which claimed she committed adultery and unlawfully accessed private information. Defense drafts rebuttal to GOMORs and Elimination Action. Commanding General meets with client for 90-minutes and decides to tear-up one GOMOR; and recommends the other GOMOR be taken out of her OMPF. Commanding General dismisses Officer Elimination Action. Officer issued PCS orders.
Army, LTC, 0-5, charged with rape, aggravated sexual assault, indecent acts and making a threat. Defense demonstrated alleged victim destroyed evidence prior to meeting with CID. Panel acquits officer of all charges except a single offense of breast kissing. Officer faced a maximum sentence of 20-years confinement and dismissal. Prosecutors demand dismissal and "jail time." Panel sentences officer to reprimand, forfeitures and 60 days restriction. Panel awards no jail time and no dismissal. Field Grade Officer issued PCS orders.
Army, Sergeant, E-5, charged with rape and sexual assault. Client enters plea of "not guilty" and case set for trial before military jury. Defense team mounts vigorous attack on the military prosecutor's evidence, demonstrating numerous inconsistencies with the alleged victim's testimony. Panel "fully acquits" client of all rape and sexual assault charges. Client convicted of adultery, but retained in the service, no sex registration required, and no incarceration.
Army Specialist, E-4, faced involuntary separation for unsatisfactory performance related to his inability to maintain his military occupational specialty (MOS). Client had his medic license revoked on account of several court-martial convictions. Defense focused on good military character and opportunities for redemption. Administrative Separation Board finds only two instances of "unsatisfactory performance" and retains client in the service.
Army Chief Warrant Officer, CW2, CID investigates client on rape claim. Case thereafter resolved by OMPF filed GOMOR. . Board of Inquiry convenes to address underlying allegations. Board of Inquiry finds "no misconduct" and retains client. Board President writes letter to Commanding General recommending the underlying GOMOR be taken out of client's OMPF.
Army Major, O-4, sentenced to serve 24-months in confinement after being found guilty by court-martial panel of using cocaine. Thereafter Carpenter Law Firm was specifically hired to draft clemency (RCM 1105) matters to the Commanding General requesting a new trial and a reduction in the sentence. Commmanding General reduces sentence of confinement by 18-months, and client is released the same day.
Army 2LT, 0-1, probationary officer misbehaved after taking a large dose of a prescription medicine (paxil) with alcohol. Civilian police arrest client. Subsequent toxicologist screening indicates use of cocaine. Defense impeaches drug test result, and then drafts rebuttal addressing the underlying conduct. Commanding General dismisses officer elimination action.
Army Sergeant, E-5, pled guilty to wrongful sexual abuse of a child at a Special Court Martial. Soldier faced over 10-years in confinement, and bad conduct discharge. Military judge sentences client to only serve 7-months in confinement, and does not award a punitive discharge. Client's entire chain of command testifies on his behalf at the court-martial. Soldier reduced to PV2.
Army Staff Sergeant, E-6, accused of hazing and maltreating subordinates while in Afghanistan. Army investigators uncover the use of a "blood rank" ceremony. Command initiates investigation and client read for Article 15. Carpenter drafts rebuttal to Article 15. Case dismissed without further adverse action. NCO's flag lifted and PCS's to next duty station.
Army Staff Sergeant, E-5, charged with rape, sexual assault, making threats and fraternization. Soldier faced a maximum sentence of life in prison, dishonorable discharge and sex offender registration requirements. Article 32 investigating officer recommends the case be dismissed, but prosecutors still recommend Commanding General refer the case to General Court-martial. Case set for trial. Carpenter Law Firm (CLF) engages in aggressive pre-trial discovery.Army Commanding General dismisses all court-martial charges.
AGR Master Sergeant, E-8, investigated for alleged acts of fraternization and adultery. Command initiates process to terminate his AGR status. Carpenter Law Firm (CLF) drafts lengthy rebuttal to adverse action. TAG imposes Article 15 punishment of reduction in rank to E-7, and "locally filed" LOR. MSGT retained in AGR status and provided rehabillative transfer.
Army Captain, O-3, officer faced GOMOR OMPF filing, and likely show cause board, related to alleged acts of dereliction associated with high level security and computer protocols. CLF submits rebuttal and command withdraws GOMOR.
Army First Sergeant, E-8, charged with sexual harassment and adultery. Negotiated with the Commanding General. Court-martial charges were withdrawn and misconduct was disposed of during Article 15 (nonjudicial punishment hearing). NCO with 23-years of service admitted to some of the underlying acts. Two months forfeitures. No other punishment.Retired with Honorable Discharge and full military benefits. No federal conviction.
Army Staff Sergeant, E-6, pled guilty to several war crimes associated with the high-profile Stryker Brigade case at Ft. Lewis, WA. Government withdraws conspiracy and aggravated assault charges associated with alleged co-conspirator Staff Sergeant Gibbs. Client pleads guilty to assault by offer, false official statements, and other misconduct associated with his faking a Taliban engagement by throwing a grenade. Defense focused on this Soldier's outstanding military character. As part of the pre-trial agreement, Soldier testified against several other service members charged with murder. Soldier retained in service by military judge. Soldier not administratively separated, and remains eligible for future Honorable Discharge and full GI Bill benefits. He was promoted following court-martial.
Army Ranger, E-4, took pain medication without a prescription. Command initiated Article 15 and had Ranger begin outprocessing from the Army. Ranger turned-down Article 15 and demanded trial by court-martial, but commander still involuntarily separated Soldier. CLF filed reconsideration memoranda with the commander, who changed his mind. Soldier retained in service. Remains eligible for Honorable Discharge and full GI Bill educational benefits. No punishment. Transfers from Ranger Regiment.
Commander, O-5, NOAA, investigated for alleged misconduct related to authorizing unlawful financial entitlements for his officers. NOAA initiated a Board of Inquiry (BOI). Negotiated with his command to withdraw the BOI under confidential terms. Officer remains eligible for promotion to O-6 in the future, and his retirement remains fully intact. Letter of reprimand imposed for a confidential duration.
National Guard Sergeant, E-5, tested positive for smoking marijuana. Sergeant's chain of command initiated an adverse board action to involuntary separate him from National Guard. Based on legal technicality, NG Soldier was allowed to medically retire with Honorable Discharge and full benefits. Adverse separation board action rescinded by government.
Soldier, E-4, faced Article 15 for lying to his chain of command and thereafter involuntary separation. Soldier was hospitalized at Landstuhl Army Hospital for issues related to mental illness. Negotiated with chain of command in Germany to allow Soldier and his local national wife and family to be transferred to another unit in USAREUR. No adverse punishment was taken against Soldier. Soldier is now being medically boarded with all of his benefits.
Soldier, E-4, the German wife of this USAREUR Soldier was alleged to have engaged in acts of misconduct involving neighbors while family stationed in Germany. She faced a loss of Command Sponsorship. Negotiated the PCS transfer of Soldier and his family back to CONUS. Based on his expediated transfer the final action was never taken on the initiated revocation of Command Sponsorship, thus this family remains eligible to return to Europe in the future with full DoD entitlements and benefits.
Army Reserve Captain, O-3, misused his Government credit card in violation of the Joint Ethics Regulation. Negotiated a Letter of Reprimand that prevented his court-martial and ensured that he was able to retire with an Honorable Discharge and full benefits.
Army Private Second-class, E-2, investigated by CID concerning as accusation of Sexual Misconduct while deployed Afghanistan. Soldier faces General Court-martial. During an aggressive pre-trial investigation defense demonstrated government case was baseless. Court-martial charges were withdrawn. Soldier faced Article 15 but receives "no punishment." Retained in service.
Army Sergeant, NCO, E-5, faced General Court-martial for attempted use of Methamphetamine. Negotiated the Government action to send the case to a lower level Special Court-martial. NCO pleads guilty. Retained in Army. Reduced to E-3. Defense was able to get jail sentence cut by two months for pretrial punishment. Serves three months in confinement.
Army Staff Sergeant, NCO, E-6, military panel fully acquitts NCO of all criminal charges. NCO was involved in tragic death of a German national. Military Panel heard evidence that the NCO had driven into another lane and killed the oncoming driver.Defense was able to demonstrate that the accident reconstruction expert failed to conduct a thorough examination of the NCO’s vehicle.
Army Staff Sergeant, NCO, E-6, military panel fully acquitts Soldier of all criminal charges associated with his permitting another Soldier drive his car while severly drunk. The defense team persuades military jury that the NCO could not have reasonably known the driver was intoxicated.
Army Specialist, E-4, military panel fully acquitts Soldier of all criminal charges. She had turned-down Article 15. Defense focused on destroyed urine sample, a negative hair sample test and the Soldier's outstanding military character.
Army Sergeant, NCO, E-5, receives “no punishment” Special Court-martial sentence from military panel after conviction for Child Abuse related to punishing her stepson with a belt.
Army Private Second-class, E-2, AWOL for over 5 years avoids federal conviction anddoes not serve a single day in confinement. Receives General under Honorable Conditions Discharge.
Army NCO, E-7, investigated for conspiring to defraud U.S. Government of over $100,000. Receives "locally filed" letter of reprimand. Retires with full benefits.
Army Captain, Officer, O-3, faced General Officer Letter of Reprimand for permitting Soldiers to abuse detainees in Iraq. Major General shreds reprimand.
Army Staff Sergeant, E-6, pleads guilty and military judge retains him despite having Sexual Relations with two subordinates at the same time. Defense demonstrates NCO paints NCO as a stellar duty performer. NCO sentenced to serve 60 days extra duty and to be reduced to PV2. Retained in service. Rape charge was dropped.
Soldier, E-3, faced charges of rape and indecent acts. Pleads guilty to some minor charges. Military judge retains Soldier in the service. Rape charge is dismissed. Soldier still proudly serving our country.
Army Captain, Officer, 0-3, is court-martialed for lying and commandering two Kentucky Air National Guard C-130 flights for civilian parachutists. Reprimanded by military jury and required to pay $3000. Retained in military service by jury.
Soldier, E-3, without authority brings several loaded weapons onto post. He confronts a police officer with a knife. Case is referred to Summary Court-martial. He then goes AWOL for three weeks, but returns on his own accord. Managed to get his chain of command to again set the case for a Summary Court-martial (no federal conviction). Soldier confined for 20 days and subsequently retained in military service, and has since received a Honorable Discharge.
Disclaimer:Each case is different, thus prior results and successes should not create an expectation about results in any individual case. The above list is provided for illustration purposes only, and represents only some of the cases previously handled by said attorney.