Case Results

ARMY OFFICER WINS NEW TRIAL ON APPEAL

It is never too late to fight for your rights.  An Army officer won his appeal after an oral argument at CAAF by the JAGDEFENDERS team.  The military appeals process is frankly arcane and difficult to understand.  If you were not given a fair trial or were unjustly convicted you need the most experienced representation during your appeal.  The attorneys at JAGDEFENDERS have unmatched appeals experience including experience as a senior trial judge AND a SENIOR APPELLATE COURT JUDGE.  We have the experience to find the mistakes the government made that others miss.  Call JAGDEFENDERS for a free consultation.

NAVY 0-4 DOCTOR FULL RESTORATION OF PRIVLEGES AND NPDB RECORD CLEARED

A Navy 0-4 physician was exonerated after a peer review hearing of all misconduct and his privileges were restored.   Despite this DHA and BUMED still made a derogatory entry in his National Practitioner Data Bank (NPDB). As result, his credentialing authority convened an investigation into his license.  JAGDEFENDERS Attorney Ed O’Brien successfully restored the doctor’s military medical record, corrected his NPDB record, and successfully ended the pending investigation with no action taken.  Ed O’Brien is nearly uniquely qualified in the military law community to handle medical-legal issues involving military physicians. Ed served as the primary legal advisor for numerous hospitals, clinics, and medical commands for over 4 years.  Handling hundreds of these cases.   He has unmatched experience with privileging, Quality Assurance Investigations (QAI), credentialing, and standard of care issues.   If you are facing a QAI, privileging, or credentialing hearing or investigation contact Ed at JAG DEFENDERS for a free consultation.

NAVY 0-4 No Basis Found for Drug Use at BOI

After a very hard-fought 3-day Board of Inquiry, our client was exonerated of all drug charges! If you facing a BOI for any reason the attorneys at JAGDEFENDERS have an unmatched record of success and over  75 years of combined experience in defending servicemembers at separation boards.  Contact us today for a free consultation.

 

Marine SSGT Wins Backpay and Allowances

A Marine SSGT was convicted and then his conviction was overturned on appeal.  Even though his conviction was overturned, the government refused to pay him E-6 pay and allowances while he was pending retrial.  For 10 months, the client was only paid E-1 pay and allowances.  We filed suit in the Court of Federal Claims, which remanded the case to BCNR.  The Board held that the SSGT was entitled to his E-6 pay while pending retrial.  This victory took years to achieve, but the client has finally received his pay.

Marine SSGT Exonerated by Adsep Board

An adsep board determined a Marine SSGT did not commit drug abuse when he used his lawfully prescribed pain medication.  The SSGT’s command NJP’d him after he tested positive on a command urinalysis for this pain medication.  The command’s doctor had determined the SSGT had no “lawful” prescription for the medication, when in fact, it was proven at the board he did.  Despite presenting the evidence to the command with the prescription label before the adsep board, the command refused to cancel the board.  At the board, the members determined there was no drug abuse, and recommended the NJP be set aside.  Ultimately, the NJP was overturned and the SSGT received all his backpay and allowances.  A great win for the SSGT who had been suffered the stigma of “drug abuser” for a year.

Navy SEAL Vindicated at BCNR

A SEAL Senior Chief Petty Officer, forced to retire after losing his SEAL NEC, was vindicated by BCNR.  He was awarded all backpay and allowances, constructive active duty credit (2 ½ years), and his NEC and all special pays were returned to him.  Additionally, his SRB debt was waived.   Senior Chief had tested positive during a command urinalysis, but he was exonerated by an adsep board.  However, after his adsep board his commanding officer refuse to return the Senior Chief’s NEC.  As a result of losing the NEC, he was not allowed to convert to another rating and Navy Personnel Command ordered him to be retired.   This BCNR decision will return hundreds of thousands of lost pay and allowances to our client!

CWO2 Retained by BOI

CWO2 Retained by BOI

A USMC CWO2 with over 16 years of active duty service was processed for misconduct and substandard performance of duty after allegations of impropriety were made by a subordinate.  After botched investigations, his case was referred to a BOI.  Over two days, we presented numerous witnesses who testified as to the bad character of the complaining witness and the outstanding character of our client.  The BOI only found one basis (substandard performance), but recommended retention!  A huge win for the CWO2, who had the courtroom gallery filled with his supporters.

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