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  • SECNAV Announces New Admin SEP Policy for PTSD and TBI

    Jun 8, 2016
    The Secretary of the Navy has announced a new administrative separation policy for Sailors and Marines with PTSD and TBI. In the past, misconduct often took precedence over mental health conditions. Previously a service member’s misconduct took precedence over diagnosed mental health conditions when considering separation, which impacted the veteran’s ability to receive benefits. Now, if...
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  • Victim Non-Prosecution Letters

    Jun 8, 2016
    It’s been a while since I provided an update. Part of the reason is because I’ve just finished up a lengthy road trip with a number of cases. We continue to have tremendous results in sexual assault and assault related cases. There’s a number of reasons for the great results. A favorable outcome can result...
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  • ABCMR and ADRB Insights in PTSD Discharge Upgrade Cases

    Mar 14, 2016
    In every Army discharge review board and Board for Correction of Military Records case, the board writes a decisional document. We recently received a decision in a PTSD case. I won’t divulge many facts, but it was a case where the board upgraded an Other than Honorable discharge to a General discharge. We went back...
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  • The Naval Discharge Review Board

    Mar 8, 2016
    I had the pleasure of representing a fine young Marine before the Naval Discharge Review Board today. We got some good intel on the current board members. We were brought in for the personal appearance only. For many service members with adverse discharges, they simply are not economically able to afford civilian counsel. Over the last...
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  • My Lai to Haditha | 1971 – 2007

    Mar 4, 2016
    I first came to the firm in 2005. I was prior enlisted in the Marine Corps – having made it to the rank of Staff Sergeant. By the summer of 2006, a number of Marines from 3/1 were under investigation related to 24 deaths in the city of Haditha, Iraq.Mr. Myers had started his Army...
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  • Knowking When to Revoke Consent to a Search – Court of Appeals for the Armed Forces Overturns Conviction in Hoffman

    Feb 19, 2016
    Yesterday, the Court of Appeals for the Armed Forces overturned a conviction in a case that a friend of the firm – and talented trial attorney – litigated at trial. The case was US v. Hoffman. You can read the opinion here. It is refreshing to see CAAF reverse a conviction because of an illegal search and...
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  • Judicial Proceedings Panel on Article 120, UCMJ Released

    Feb 17, 2016
    The annual rite of proposing ways to change military sexual assault law was released recently in the form of the Judicial Proceedings Panel on Article 120. Judicial Proceedings Panel Report To be perfectly clear, this is an issue that does not concern me as much as it has in the past. Congress keeps changing the law and...
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  • The Legality of Command Urinalysis Tests

    Feb 12, 2016
    In the last week, we’ve received multiple phone calls from service members with questions about the legality of a urinalysis. This post will shed some light on those kinds of questions. First of all, in the military, a urinalysis is constitutional if it is based upon probable cause. Military Rule of Evidence 312 (d) and 315. Rarely...
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  • Personal Appearances Before the Air Force Discharge Review Board

    Feb 11, 2016
    Most people going through the discharge review have a lot of questions. The Air Force Discharge Review Board process can be difficult. The process is slow. Personnel on the board can be difficult to contact. Andrews AFB can be challenging with their base security. The whole process can have uncertainty when you’re not represented by...
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  • What is Titling?

    Feb 10, 2016
    Titling. What is it? We receive phone calls with regularity from Soldiers who have been titled as the subjects in investigations.​This blog entry will shed some light on what it means to be titled. The short definition is that titling is the decision to place the name of a person in the subject block of...
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