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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).
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