Despite these facts, the Soldier remained titled and later learned that she was disqualified from working in the healthcare field due to the titling action. The Soldier was never taken to court-martial or nonjudicial punishment and was later honorably discharged. A Private First Class (E-3) in the United States Army was titled and indexed by the Army Criminal Investigation Division (CID) for assault consummated by battery after a domestic incident with her spouse. (June 2023)ĪBCMR Directs Expungement of Titling and Indexing DeterminationĪrmy Board for Correction of Military Records. After hearing all the evidence, the Court determined that the continual discovery violations prejudiced the defense and that dismissal “with prejudice” was the only just remedy under the circumstances. MJA later learned that this was not the only discovery violation that had occurred, and that other evidence helpful to the defense had also not been provided. During trial, MJA discovered that the Government had failed to provide important evidence helpful to the client’s case and moved to dismiss the case with prejudice. After refusing to take a “deal” offered by the Government, the Soldier retained MJA to defend him during a general court-martial where he faced a possible dishonorable discharge, confinement, and sex offender registration if found guilty. An Army Private First Class (E-3) was charged with an alleged sexual assault in violation of Article 120, UCMJ. (July 2023)Īrticle 120 Charges Dismissed “With Prejudice” at General Court-Martialįort Campbell, Kentucky. Consequently, the NDRB upgraded the Marine’s characterization of service to fully “Honorable”, changed the narrative reason for separation, and changed the separation code and reentry code to reflect his Honorable service. The NDRB determined that the Marine had not committed domestic violence and that his discharge was based on hardship and convenience of the government, rather than misconduct. MJA presented evidence on appeal showing that the Marine’s spouse was the aggressor and that he only acted in self-defense. MJA petitioned the NDRB for a discharge upgrade. A Lance Corporal (E-3) in the United States Marine Corps was administratively separated for misconduct (serious offense) for an alleged violation of Article 128b, UCMJ (domestic assault) and given a General (Under Honorable Conditions) discharge. NDRB Grants Discharge Upgrade, Awards Honorable Characterization of Service On appeal, the DASEB agreed that the GOMOR was untrue or unjust and removed the reprimand from the Soldier’s AMHRR. After reviewing the rebuttal matters, the imposing authority agreed that sexual harrassment did not occur and recommended that the reprimand be removed. MJA appealed the investigative findings and provided evidence to the command that the Captain did not commit sexual harrassment. A Captain (O-3) in the United States Army recevied a General Officer Memorandum of Reprimand (GOMOR) for sexually harrassing a subordinate following an administrative investigation. Sexual Harassment Unsubstantiated, GOMOR RemovedĪrmed Forces Europe. After hearing all the evidence, the jury granted the Marine a “full acquittal” and returned a verdict of NOT GUILTY. At trial, MJA and detailed counsel exposed deficiencies in the government’s evidence and the investigative bias of multiple government actors. Working closely with detailed defense counsel, MJA successfully litigated multiple pretrial motions critical to the defense case and obtained DNA testing to corroborate the Marine’s story. The Marine retained MJA to fight the false allegations. A Marine Corporal (E-4) was charged at general court-martial with violating Article 120, UCMJ (sexual assault without consent) after allegedly assaulting a dependent spouse. Pentland, 42, faced harsh backlash after a video posted online showed the barefoot drill sergeant on April 12 attacking a young black man who was walking around the street of his home in Columbia, South Carolina, and groused: "You came to the wrong neighborhood motherf**ker.Camp Pendleton, California. If found guilty, Pentland could serve 30 days in jail and pay a $500 fine, according to the Greenville News. “I do not want to take any actions now that could interfere with the fair resolution of civilian criminal charges.” “While I have the authority to take action under the Uniform Code of Military Justice or take other administrative actions, I have the utmost confidence in our civilian criminal system and trust that it will reach a fair and just resolution of this case,” Beagle said in a statement, first reported by Army Times. 5 The April 12 incident where barefooted Army Drill Sergeant Jonathan Pentland tried to get physical with a mentally ill young man, known as Deandre, to leave his home street Credit: Facebook
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