Navy Sailor Retained after Positive Urinalysis for Prescribed Medication
A Navy Sailor with 8-years of service tested positive for oxycodone after being prescribed and taking hydrocodone after surgery. He went before the Mast, was reduced one rank, and placed on restriction and extra duty for 45-days. Due to “Big Navy” policy to process all positive urinalysis for administrative separation, and given his time in service, the Sailor appeared before an administrative separation board. MNB Meridian attorneys were able to successfully discredit the Government’s urinalysis expert and admit the lab destroyed the sample before it could be independently tested. Our attorneys were able to put on an overwhelming case showing the Sailor performed superbly despite being demoted, not being paid for two months, and waiting nearly 24 months for his separation board. Convinced by medical expert testimony, a negative polygraph, and overwhelming support from his current and former enlisted chain of command, the Board of Officers unanimously retained the Sailor on active duty.
Army Reserve Major (P) and Army Civilian Security Clearance Revocation
The Officer became addicted to opioids after three successive serious injuries over the course of two years. A Second Lieutenant in the Major’s Army civilian office suspected he was “snorting cocaine” at his desk during lunch. Army CID investigated and determined that the Major was taking unprescribed opioids (prescribed but in dosages different than dispensed by the pharmacy). During questioning (without an attorney), the Major admitted to buying two pills in an illegal street sale. Due to the admission, in his military capacity, the Officer was issued a GOMOR, and his clearance was suspended (the officer later retired). In his Army Civilian capacity, he was given a reprimand, a two-week suspension without pay. The Major recognized his addiction and weened himself from the opioids and attended faith-based counseling. Four years later (in 2019) DoD CAF issued its Statement of Reasons and after the Major’s initial response, revoked his clearance. In an appeal to the DoD Office of Hearing Appeals, MNB Meridian Law attorneys successfully argued the Major committed one illegal act, recognized his addiction, sought assistance, and remained sober since the investigation – 4 years prior. The Army Personnel Security Advisory Board (“PSAB”) agreed with the DOHA ALJ, and granted the Major’s appeal and reissuing his clearance.
Navy Sailor’s General Discharge and Reenlistment Code Upgraded
A former Navy Sailor was discharged after an administrative separation board that recommended the Sailor be discharged with a General discharge after testing positive on a urinalysis after accidentally ingesting his wife’s ADHD medication. The ADSEP board found that his service up to the positive urinalysis was honorable and had no incidences of misconduct. The Navy DRB determined the Board was incorrect in its findings and specifically noted the Board’s own determination the Sailor had otherwise honorable service. The DRB upgraded the Sailor’s discharge to Honorable, change the reenlistment code to RE-1, and the narrative reason for the discharge from “serious misconduct” to “Secretarial Authority.” The DRB’s decision restores the Sailor’s Post 9-11 GI Bill benefits and allows, should he decide to do so, return to the Navy.
Army Reserve Colonel Avoids Reprimand and Grade Determination Review Board
An Army AGR Colonel was investigated for allegations of unfair treatment of subordinates and that his actions contributed to a toxic work environment during the command’s transition back from full-time telework. Complainants alleged the Colonel was unfair in his assessment of their requests to remain on full-time telework or their medical requests to remain remote were ignored, and that he was too “strict” in his level of acceptable work product. MNB Meridian attorneys successfully argued that Complainants were comfortable during their 24-month-plus “work from home” status – so much so that several moved outside the commuting distance, one as far away as another continent. The Reviewing Official determined the Colonel committed no misconduct and closed the matter without action.
Navy Sailor’s Other Than Honorable Discharge Upgraded
A former Army Soldier was discharged in 1986 with an other than honorable characterization after attacking a foreign civilian during a psychotic event. Despite 6-months of inpatient treatment for schizophrenia after the incident, the Army preferred charges for the attack. On the advice of and through counsel and despite of his debilitated mental state, the Soldier requested and was approved for a Chapter 10 discharge and other than honorable characterization. The Soldier appealed his case to the Army Discharge Review Board in 1996 and 2004 and was denied relief each time. MNB Meridian attorneys were able to successfully argue that the 2014 Secretary of Defense and 2017 Under Secretary of Defense (Personnel and Readiness) memorandums regarding the consideration of mental health matters in adverse discharges were applicable to this Soldier’s case. The Army Board for the Correction of Military Records agreed and upgraded the Soldier’s General discharge characterization to under honorable conditions. The Soldier is now eligible for Veterans benefits for which he has been denied for nearly 35-years.
Army Soldier Referred to IDES after 15-years
A former Army Soldier was discharged in 2006 for a “personality disorder” after suffering panic attacks while in theater and after being forcibly sodomized three times. MNB Meridian Law attorneys successfully that the Soldier files be referred to the Army Integrated Disability Evaluation System to determine whether he should have received a disability separation or medical retirement. The ABCMR’s review of the Soldier’s military service record, military medical treatment records, and VA medical records determined that a medical condition existed during the Soldier’s service that warranted referred to IDES and directed that if the Soldier warranted a disability separation or medical retirement that he be given full back pay, benefits, and entitlements from the date of his separation in 2006.
Navy Sailor General Discharge Upgraded to HONORABLE
A former Navy corpsman was discharged in 2014 after an “attention getting” incident related to the significant mental health issues the Sailor was facing. Despite three years of 4.0 evaluations, and no counseling, reprimands or non-judicial punishment, the Navy discharged the Sailor with a general discharge with an honorable characterization purportedly due the “attention seeking” conduct. MNB Meridian attorneys successfully argued that the Sailor suffered from mental health issues and his supervisors failed to properly recognize, address, treat, or use as mitigating circumstances in his discharge. The Navy Discharge Review Board agreed upgrading his discharge to Honorable noting the well documented mental health issues and the Sailor’s leadership’s failure to respond to his “calls for help.” The upgrade restored the Sailor’s Post 9-11 G.I. Bill benefits among others and allows the Sailor to pursue his bachelor’s degree.
Army Soldier Facing Article 15 for Posting Publicly Available Information
An Army Specialist posted a newspaper article on social media, without commenting, about a fellow Soldier arrested for soliciting sex with a minor. The Specialist’s First Sergeant threatened him with non-judicial punishment (Article 15), loss of liberty, extra duty and denied repeated requests for leave due to the Specialist “bullying” the arrested Soldier. At the hastily conducted Article 15, the Commander found the Soldier guilty and issued a suspended punishment of 15 day’s extra duty and restriction and was directed to provide instructions to the entire command on AR 600-20 and why bullying was wrong. MNB Law Attorneys were able to have the Article 15 removed and the Soldier’s record cleared.
Army Soldier Facing a AR 635-200 Chapter 14-12 Elimination
The Soldier, a former US Marine and current Army Specialist, was facing administrative elimination, for a pattern of misconduct that included falling asleep during a platoon sergeant’s meeting, punching a hole in the wall of his barrack’s room, wearing athletic socks with a logo, being absent (for 30 minutes) from his appointed place of duty, and receiving an Article 15 for being disrespectful to a commissioned officer. After engaging the command, MNB Law Attorneys were able to get the Solider retained.
Army Officer Receives $120,000+ in Back Retired Pay
An Army National Guard officer retired from active duty at a lower paygrade than the grade he was wearing due to the then-existing statutory authority. After nearly 15-years applying to the Army Board for Correction of Military Records, MNB Law Attorneys successfully argued the correct statutory interpretation and the officer received more than $120,000 in back pay and a nearly $2,000 increase in his monthly retired pay.
Army Warrant Officer Receives Unanimous Decision from the ABCMR
Army Warrant Officer was accused of a sexual assault in a restaurant restroom. Army Criminal Investigation Division conducted a clumsy and partial investigation that substantiated the allegations against the Warrant Officer. As a result, the Warrant Officer was issued a Memorandum of Reprimand and had his security clearance suspended, which resulted in an adverse evaluation and resultant board of inquiry and removal from the Chief Warrant Officer Two promotion board. Despite overwhelming evidence that the sexual assault did not occur, the Army retired the Warrant Officer at his prior enlisted rank. MNB Law Attorneys successfully argued at the Army Board for Correction of Military Records and received a unanimous decision overturning all of the bad paper and authorizing his return to the Army at his promoted rank.
Army Paralegal (27D) Proposed Withdrawal of AR 27-1 Certification
The Soldier, an Army paralegal, received a General Officer Memorandum of Reprimand. Pursuant to Army Regulation 27-1, the paralegal was de-certified. MNB Law Attorneys successfully argued the misconduct was unrelated to his status as a paralegal and did not involve conduct of moral turpitude or violence. The Judge Advocate General (TJAG) agreed and the Soldier’s certification was reinstated and the matter expunged.
U.S Public Health Service Officer Faces Board of Inquiry
A USPHS commissioned officer was notified of an administrative separation hearing after eight months of investigation. The Physician was the first in recent memory to be subject to a Board of Inquiry. MNB Law Attorneys were able to successfully argue the officer did not knowingly falsify government records and negotiated the officer’s exit from the Public Health service without an adverse discharge characterization or code.
Former Air Force Airman Punished because of Relationship
An Air Force Security Forces Airman received a General (under honorable conditions) discharge after being implicated through the “rumor mill” as having been a “friend with benefits” to the Airman arrested for leading a drug trafficking ring from within the base’s Security Forces office. MNB Attorneys successfully argued to the Air Force Discharge Review Board that the Airman was a victim of an law enforcement commander embarrassed by a drug ring operating for more than a year under his nose. MNB Law Attorneys were successful in upgrading the Airman’s discharge to Honorable and had the reenlistment code changed to RE-1, thereby permitting the Airman’s immediate reenlistment.
Former US Marine Sergeant
A Reserve Marine Sergeant voluntarily mobilized for a one-year rotation to Afghanistan and was partially implicated in a “red striping” hazing incident, the investigation of which was badly completed. The Marine initially received non-judicial punishment and was reduced in rank to Corporal for leadership failures because of the hazing, but not the actual hazing itself. When the Marine was returned to CONUS, his local commander initiated non-judicial punishment for the hazing, too. The Marine was forced by circumstances to choose an Other than Honorable discharge at the subsequent administrative separation. MNB Law Attorneys successfully argued that the Marine commander acted dishonorably and treated this Marine disparately from the other Marines. The Marine’s discharge was upgraded to General (under honorable conditions), and his rank restored to Sergeant.
Former Air Force Staff Sergeant Affected by Competing Processes
An Air Force Staff Sergeant was in the initial stages of a Medical Evaluation Board (MEB) to determine if he was medically fit for further military service, when he was identified for removal from the Air Force on a Quality Force Review Board (QFRB). The Staff Sergeant was discharged with an Honorable discharge under the QFRB process and the MEB was stopped. After an initial denial by the Air Force Board for Correction of Military Records stating that the Airman was complicit in his inability to continue the MEB process, MNB Law Attorneys successfully argued that the Staff Sergeant was the victim of the competing processes, and the Staff Sergeant was granted a medical retirement.
Former Army Staff Sergeant and a Poor Line of Duty Investigation
An Army Staff Sergeant was involved in a catastrophic motorcycle accident and was left in a significant reduced cognitive state requiring 24-hour in-home nursing care for the remainder of the Soldier’s life. After a poor line of duty investigation, the Soldier’s command determined the Soldier’s accident was Not in the Line of Duty (NLOD) – due to own misconduct. After repeated denials up the chain of command to have the NLOD overturned, MNB Law Attorneys successfully argued to the Army Board for Correction of Military Records (ABCMR) that the investigation was disgracefully done. The ABCMR reversed the NLOD determination, and restored the Staff Sergeant’s full Army and Veterans Affairs benefits.
Former Army Private with Traumatic Brain Injury
An Army Specialist had a significant history of non-combat-related traumatic brain injuries (TBI). A non-commissioned officer on the floor smelled marijuana and then attempted to prevent the Soldier from driving away from the barracks. After a 30 m.p.h. “high speed chase” pursued by 11 military and 1 civilian police vehicles, the Soldier was pulled over and arrested. The Soldier was found guilty of related charges, and sentenced to six months confinement, and a Bad Conduct Discharge (but inexplicably received an OTH). MNB Law Attorneys successfully argued that the three instances of TBI were contributing factors to the Soldier’s conduct, and the Army Discharge Review Board upgraded the Soldier’s discharge to General (under honorable conditions) restoring his disability and health care benefits.
Former Army Reserve Major Pending Medical Evaluation Board
In 1985, the Major was exposed to radiation from a leaking microwave transmitter. The Officer developed endocrinological disorders and gained more than 100 pounds. He was treated by Army and civilian medical providers over the course of his active and reserve duty statuses, but later discharged due to his weight gain and other factors while pending a Medical Evaluation Board (MEB). MNB Law Attorneys were able to successfully argue to the Army Board for Correction of Military Records the Officer should have been referred to the MEB process for review.
Former Army Specialist and Medical Evaluation Board
An Army Specialist had a significant history of mental illness including short-term hospitalizations for schizophrenia. The command initiated a Medical Evaluation Board. After the Soldier was found smoking “spice” in the barracks stairwell, Army Criminal Investigation Division and command investigators determined, despite the mental health history, that the Soldier voluntarily chose to smoke spice and administratively separated the Soldier for misconduct. MNB Law Attorneys were able to convince the command to reinitate the Integrated Disability Evaluation System to reconsider whether the Soldier should have received a disability discharge.
Army Reserve Captain with a Referred Officer Evaluation Report
A Captain was mobilized for 179-days to support an Army command as an intelligence officer. However, the Captain and his GS-12 supervisor did not see eye-to-eye. As a result, the civilian GS-12 supervisor accused the Captain: of being an “infiltrator” (due to confusion about a recent name change); removing classified material (textbooks) from a Sensitive Compartmented Information Facility; and, being disrespectful to the GS12 civilian supervisor. The civilian rater and senior rater attempted to file a referred Officer Evaluation Report (OER) with forged wet signatures on the OER. MNB Law Attorneys successfully proved to the Department of the Army Suitability Evaluation Board the OER was forged and it was removed from the Officer’s record.
Former Army Specialist with PTSD and “Limited Use”
In March 2003, an Army Specialist suffered from Post Traumatic Stress Disorder (PTSD) after participating in the first and only post-9/11 combat parachute jump, into Iraq. Shortly after his return he started to self-medicate with marijuana. He self-reported his PTSD and after pre-treatment urinalysis, the command improperly used the limited-use information separating him with a General (under honorable conditions) discharge. MNB Law Attorneys successfully argued to the Army Discharge Review Board (DRB) the improper use of “limited use” information and the Under Secretary of Defense for Personnel and Readiness memorandums warranted liberal consideration of the circumstances surrounding this Soldier’s discharge. The DRB agreed and upgraded the Soldiers discharge to Honorable.
Navy Petty Officer Third Class Discharge Upgraded
A former Navy Petty Officer was propositioned by a young woman who, as was later discovered, was mentally incompetent. However, the subsequent investigation revealed that the young woman’s treating medical providers and parents were unable to determine the extent of her mental incapacity. The Navy prosecutors declined to prosecute and local Adult Protective Services unsubstantiated the allegations. Regardless, the command chose to administratively separate him with an Other than Honorable discharge. MNB Law Attorneys successfully argued there was enough doubt in the government’s mind that it was unfair to administratively separate him on the same weak information. The Navy upgraded the Petty Officer’s discharge to General (under Honorable conditions).
Army (Reserve) First Lieutenant Misconduct Filed in the Restricted File
In 2014, an Army First Lieutenant (1LT), married to another Army 1LT (assigned to an OCONUS duty station), engaged in an inappropriate (non-sexual but socially intimate) relationship with the wife of a fellow Army Officer. The 1LT-wife reported her husband and the 1LT-husband was issued a Memorandum of Reprimand (GOMOR) and was honorably discharged. MNB Meridian Attorneys were able to have the GOMOR moved to the restricted portion of the 1LT’s Official Military Personnel File (OMPF) arguing that the GOMOR had served its purpose based on the 1LT-husband’s post-GOMOR performance in both the military and civilian government employment.
Army (AGR) Lieutenant Colonel Completely Exonerated
In 2014, an Army Lieutenant Colonel (LTC) ran afoul of his immediate commander resulting in multiple allegations that he had been disrespectful to the commander and another military service senior officer and failed to manage his command appropriately. The allegations resulted in a Memorandum of Reprimand, relief from command, removal from a promotion board, and an administrative separation board. MNB Meridian attorneys successfully argued at the separation board that the LTC did not commit the conduct the commander alleged and received a specific factual finding that the events did not occur, and the officer was retained. Subsequently, the Secretary of the Army promoted the officer to Colonel.
Former Navy Seaman from Korean War with PTSD
In 1953, while aboard ship, a former Navy Seaman with Traumatic Brain Injury (TBI) from a motor vehicle accident was repeatedly raped by his first line supervisor. The Sailor admitted to heroin use to deal with the stress of the rapes and developed what we now know to be Post Traumatic Stress Disorder (PTSD). He was administratively separated and discharged as “undesirable” (the equivalent of an Other than Honorable discharge). For the next 60 years, the Sailor sought and paid for counseling for the trauma from the rape and his PTSD because he was ineligible for Veterans Affairs (VA) health benefits. He applied repeatedly to the Board for Correction of Naval Records (BCNR) to upgrade his discharge, which were all denied. MNB Law Attorneys were able to successfully petition the BCNR and his discharge was upgraded to General (under Honorable conditions) and the Sailor was finally able to get the treatment he needed for his PTSD at the VA.
Successful Titling Removal
An officer was accused of committing travel fraud after he provided what he thought was an official weigh station weight ticket. At the weigh station, an unauthorized person provided a blank weigh ticket and told the officer to complete the weigh ticket on their own. The officer reported this irregularity to the travel office processing the travel voucher; however, an unknown individual reported the officer to a military criminal investigative organization (MCIO) who titled the officer with travel fraud. After a 6-month investigation and a review of every other travel voucher the officer previously submitted, the command judge advocate determined there was no probable cause. The MCIO denied the request to remove the titling because they “believed the officer committed travel fraud.” MNB Meridian Law attorneys appealed to the BCMR and the board granted relief, directing removal of the titling from all DoD and DoJ databases.
Prior results do not guarantee a similar outcome.