COURTS-MARTIAL RESULTS

Attorney Crisp exonerated a Two-Star General Officer falsely accused of domestic violence and related charges. After a report was made to certain high-level commanders, the report was directed to the officer’s command who referred it CID for investigation. CID conducted what can only be termed a spurious witch hunt that clearly ignored exculpatory facts. CID ultimately opined probable cause existed and referred it to the SJA for further processing. At this point Crisp and Associates were retained who conducted their own, more exhaustive investigation, to include the re-interviewing of certain witnesses to ensure their prior statements were not misconstrued. At the Article 32 preliminary hearing, Jonathan Crisp presented compelling evidence and a thorough and devastating cross-examination of the government witnesses that resulted in the Article 32 officer, a sitting military judge, recommending dismissal of the charges. Indeed the recommendation was so complete that no administrative action has been taken against the general officer as well.

All charges were dismissed against E-6 accused of molesting a twelve-year-old girl at FT Belvoir, Virginia.  Attorney Crisp proved to the Article 32 Investigating Officer that the girl had fabricated the allegations to get attention.  He was able to uncover similar false allegations the girl had made against others at other military installations despite the attempts of the government to prevent their introduction at the hearing.  As a result, the Investigating Officer recommended, and the Convening Authority agreed, to dismiss the charges against him.


Full Acquittal in Drill Sergeant Sexual Assault case at FT Jackson, Columbia, South Carolina.  Attorney Crisp successfully defended a Drill Sergeant falsely accused of engaging in sexual intercourse with a Soldier In Training.  Attorney Crisp aggressively cross-examined the alleged victim and was able to highlight certain inconsistencies in her testimony.  The panel deliberated for less than hour in fully acquitting Attorney Crisp’s E-7 client.


Acquittal of 1SG accused of Rape at FT Bragg, Fayetteville, North Carolina.  Attorney Crisp performed a detailed and thorough cross-examination of the accuser and called numerous fact witnesses to attack her credibility.  At the conclusion of the case, the credibility of the accuser was seriously in doubt due to her multiple contradictory prior statements highlighted through cross and the defense witnesses.


United States Army, O-5, Board for Correction of Military Records. Attorney Gordon successfully helped argue that his client should be retroactively awarded the Army Bronze Star Medal with “V” for meritorious service in a combat zone in 1968.


United States Army, E-1, Army Discharge Review Board. Attorney Gordon successfully argued that his client’s military discharge should be upgraded from a General under honorable conditions characterization to an Honorable characterization. The Discharge Review Board found that the client was the victim of a substantial error of fact by his chain of command. Attorney Gordon was able to convince the Discharge Review Board that his client’s discharge was too harsh based on his overall quality of service and was therefore inequitable.

 

DISCHARGE UPGRADE

Attorney Gordon successfully argued that a Soldier should have his characterization of service corrected from General Under Honorable Conditions to Honorable.  Attorney Gordon was able to demonstrate that the veteran’s discharge was unjust because the Soldier was suffering from depression and anxiety during his military service, which the chain of command failed to consider.  With this correction, this Soldier will be eligible for important education benefits such as the GI Bill and can proudly present his new DD Form 214.


Attorney Grabill successfully achieved a discharge upgrade from Other Than Honorable Conditions to General characterization of service four years after a U.S. Navy Seabee was discharged from the Navy. The Sailor had failed a drug test for THC and the NDRB voted to upgrade his discharge status based on a legal brief written by Attorney Grabill. Attorney Grabill was able to convince the board based on the legal standards of propriety and equity that the Sailor should have his discharge upgraded.


Attorney Gordon successfully argued that a Sailor should have his characterization of service corrected from a Bad Conduct Discharge to a General Under Honorable Conditions discharge and his reason for separation corrected from “Court Martial Conviction” to “Secretarial Authority.”  Attorney Gordon was able to demonstrate that the Sailor’s court-martial conviction for being AWOL on multiple occasions was mitigated by his chronic PTSD and that the BCD was unjust.  Thanks to this records correction, this veteran will now have access to benefits such as medical care, VA disability benefits, the VA Home Loan, and military recognition at his funeral proceedings.


Attorney Grabill successfully achieved a discharge upgrade from Other Than Honorable Conditions to General characterization of service three years after an Airman was discharged from the Air Force. The Airman had been accused of sexual assault, despite not being prosecuted by civilian authorities, and the AFDRB voted to upgrade his discharge status based on in-person representation by Attorney Grabill at a board hearing. Attorney Grabill was able to convince the board based on the standards of propriety and equity that the Airman should have his discharge upgraded.


Attorney Gordon successfully upgraded a Soldier’s unjust discharge from a General Under Honorable Conditions characterization of service to an Honorable characterization of service and changed the reason for separation from “Pattern of Misconduct” to “Secretarial Authority.”  Attorney Gordon was able to convince the Army Discharge Review Board that the Soldier’s discharge was too harsh compared to her overall quality of service and that the Soldier’s misconduct was mitigated by her being a victim of trauma from sexual assault while in the Army.  With this victory, the veteran is now eligible to receive all of the Department of Veteran Affairs benefits that she earned during her Army career.


Attorney Grabill successfully defended a Soldier in Korea at Nonjudicial Punishment for violations of Article 92, UCMJ, failure to obey orders or regulations, and violations of Article 87a, UCMJ, resistance, flight or evasion of arrest and escape. Attorney Grabill was able to convince the command that the NCO was not guilty of breaching any COVID regulations, nor was he guilty of resisting MPs. The NCO was retained in the Army and was able to continue his career.


Attorney Gordon convinced the Naval Discharge Review Board that a Marine that received a Bad Conduct Discharge due to drug use should receive an upgrade to a General under honorable conditions discharge. The DRB agreed that the veteran’s drug use was the result of his self-medication for his untreated PTSD and TBI that was caused by an IED explosion. The Marine served honorably and with distinction prior to his PTSD and TBI, as made evident by his Purple Heart Medal and Combat Action Ribbon. In addition to having his honor restored by the DRB, the veteran will now have access to the majority of Department of Veteran Affairs benefits, including access to medical benefits.


Attorney Freiburger successfully obtained a discharge upgrade to an honorable discharge for a Soldier who was administratively separated with a general characterization of service for self-medicating with marijuana following sexual harassment endured at work. The Army Discharge Review Board agreed with Attorney Freiburger’s arguments and granted full relief including an honorable discharge and correction of the reenlistment code and narrative reason for separation.


Attorney Gordon successfully argued during an in-person Discharge Review Board hearing that an Army veteran’s other than honorable discharge was inequitable. Attorney Gordon convinced the DRB that the other than honorable discharge was unjust when proper consideration was given to the veteran’s length and quality of service, post-service accomplishments, and the mitigating circumstances that led to his discharge. The veteran had his other than honorable characterization of service upgraded to a general under honorable conditions discharge, which now qualifies him for the majority of Department of Veteran Affairs benefits

NON-JUDICIAL PUNISHMENT

Attorney Leydig successfully prevented adverse action for a Sailor accused of Driving While Intoxicated and Disorderly Conduct. After reviewing the evidence, Attorney Leydig convinced the Sailor’s Commanding Officer to dismiss the disorderly conduct charge and suspend the Sailor’s punishment so he was not reduced in rank nor financially penalized.


Army E4 retained after a positive urinalysis result. Due to Attorney Freiburger’s knowledge of the urinalysis program and drug testing procedures, she was able to identify procedural errors in the urinalysis process and chain of custody documentation. Attorney Freiburger also successfully argued that because the client did not knowingly or willingly ingest a controlled substance, he could not be found to have violated Article 112a, UCMJ.


At Captain’s Mast Navy E-3 was found not guilty of unlawful drug use.  Attorney Gordon’s discovery of exculpatory evidence and knowledge of the urinalysis program and drug testing procedures enabled him to demonstrate the client’s innocence.


Army 1LT acquitted at Article 15 proceeding at Camp Shelby Mississippi.  During demobilization, a 1LT was accused of hazing and abuse of subordinates while in theater.  Attorney Crisp presented multiple witnesses to contradict the allegations of the AR 15-6 officer and successfully demonstrate the good military character and excellent leadership skills of this Platoon Leader.

 

QMP

Attorney Gordon successfully argued that a Sergeant First Class with seventeen years of service should not be denied continued service under the Army Qualitative Management Program (QMP).  Attorney Gordon was able to convince the QMP Board that the Soldier’s referred NCOER was the result of a fabricated complaint by a vindictive officer.  This Soldier will be able to continue serving in the Army and eventually earn his military retirement.

 

SECURITY CLEARANCE

Air Force E9 was able to retain his security clearance after receiving a notice of intent to revoke access to classified information. Because of Attorney Freiburger’s knowledge of security clearance cases, she was able to provide sufficient mitigation of security concerns based on financial considerations and the Client’s security clearance was renewed.

 

ADVERSE ADMINISTRATIVE ACTION

Successfully prevented a letter of reprimand from being filed in the Unfavorable Information File of an Airman (E4). Attorney Freiburger was able to explain the client’s ignorance of the policy against taking formerly prescribed medications beyond its intended period of use, thereby establishing her actions as an innocent mistake rather than an intentional wrongful use of a controlled substance.


Attorney Leydig successfully defended a Navy E5 servicemember accused of a 112(a) offense. Through interviewing pertinent witnesses and reviewing records, Attorney Leydig successfully showed the servicemember accidentally ingested a controlled substance, which led to the dismissal of all charges.


At a hearing, Attorney Freiburger convinced an administrative separation board to retain an Army National Guard 2LT with a positive urinalysis for THC. Attorney Freiburger successfully argued the client’s accidental ingestion and presented sufficient evidence to demonstrate the officer’s future potential and value to the National Guard.

 

FLIGHT EVALUATION BOARD

Attorney Crisp successfully defended an Airman facing a Flight Evaluation Board for lack of proficiency. The Board found the Airman was proficient in certain key areas and in those areas in which they found she was not proficient, Mr. Crisp was able to show the squadron training program was at fault for inconsistencies in training protocols and for failing to clearly outline training goals. The Board recommended the Airman be returned to training and retain her wings.

 

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