Please note that all cases are unique. Success in one case does not guarantee success in another. We do not guarantee outcomes. Any such guarantee would violate the Rules of Professional Responsibility. Case results are determined by a variety of factors, including facts and evidence presented, whether the client follows counsel recommendations, and the stage in the proceedings at which our services are retained. Generally, the earlier counsel is retained in a case, the more likely a favorable result will be obtained.
Please call us if you have any questions or would like more details about a particular case. We have over 40 years of results, this page lists results since July 2015 when the website was redesigned. Not all results are posted. (800) 355-1095 WORLDWIDE 24h, (202) 857-8465 DC 24h, (210) 390-3931 TX 24h
Please call us if you have any questions or would like more details about a particular case. We have over 40 years of results, this page lists results since July 2015 when the website was redesigned. Not all results are posted. (800) 355-1095 WORLDWIDE 24h, (202) 857-8465 DC 24h, (210) 390-3931 TX 24h
2017
|
Administrative Separation | Case Type: Conduct Unbecoming - Plagiarism - Retained
-28 March 2017: Mr. Pristera represented a Soldier in Texas accused of plagiarism. He faced a Board of Inquiry. Mr. Pristera was able to obtain the officer's retention. Administrative Separation | Case Type: Drug Abuse - Cocaine (Separation - Honorable) Retained on Appeal -28 March 2017: Mr. Conway represented a Soldier in Texas who tested positive with over 1,300 ng/ml of cocaine metabolite in his system. He had a good combat record and some other medical concerns. We fought for retention. The board recommended separation with an honorable characterization of service. We appealed to the Separation Authority. On appeal, the Separation Authority determined that the Soldier will be retained and allowed to medically retire. Administrative Separation | Case Type: Coast Guard Allegations of Misconduct and Substandard Performance (No Basis / Retention) -3 February 2017: Mr. Myers represented a 16-year Coast Guard veteran before an administrative separation board. Because the USCG is a small branch, we will not post the details. He was accused of misconduct and substandard performance of duty. The separation board found no basis for separation and he was retained. Administrative Separation | Case Type: Drug Abuse - Cocaine (Separation - Honorable) -11 January 2017: Mr. Conway represented a Soldier in Texas who tested positive with over 1,300 ng/ml of cocaine metabolite in his system. He had a good combat record and some other medical concerns. We fought for retention. The board recommended separation with an honorable characterization of service. Investigation | Case Type: Indecent Language, Abusive Sexual Contact (Retirement) -3 January 2017: A service member was accused of indecent language and abusive sexual contact by the minor teenage friend of his daughter. The young lady had significant personal issues. We refused nonjudicial punishment. The service member was permitted to retire. We avoided a separation board or court-martial. 2016
Administrative Separation | Case Type: Officer Board of Inquiry (No Administrative Separation. Retention)
-20 December 2016: Mr. Myers represented a Naval Officer in Florida accused of theft, fraud, and substandard performance of duty. The Board of Inquiry voted to retain the officer. Administrative Separation | Case Type: Cheating, Conspiracy (No Administrative Separation. Honorable Discharge upon Expiration of Service) -13 December 2016: In a fairly high profile case that caught the attention of the Navy Times, a Sailor was facing administrative separation basically for conspiring to cheat on a test. Mr. Conway became involved to appeal the Sailor's nonjudicial punishment. We also sought to intervene with the government to avoid an administrative separation. The Sailor was ultimately separated honorably upon the expiration of service. Administrative Separation | Case Type: Drugs / Marijuana (General Discharge) -5 December 2016: Mr. Conway represented a petty officer in Guam that tested positive twice for marijuana. We presented an innocent ingestion defense and called a women who admitted to making marijuana cookies. In a 2-1 vote the board voted to separate with a general discharge. Unfortunately, there was a chief on the board that simply appeared uninterested and hostile to the defense. The president of the board did not seem to demonstrate much understanding of the science. The composition of the board posed challenges in this case. Administrative Separation | Case Type: Failure to Follow an Order (Suspended Honorable Discharge) -9 November 2016: A Coast Guard recruiter sent inappropriate sexual text messages to an officer applicant. At an administrative separation board we fought the text messages. On this day, we received notice that the board found misconduct, but recommended a suspended honorable discharge. Administrative Separation | Case Type: Solicitation (NJP Turn Down - 6105) -8 November 2016: A Marine was accused of a solicitation offense. On our advice, the Marine turned down NJP. It was a bold decision, but resulted in a favorable outcome. The command gave the Marine only a 6105. Administrative Separation | Case Type: Drug Abuse (No Misconduct) -6 November 2016: Mr. Pristera successfully defended a reserve officer accused of drug abuse. The board found no misconduct. Criminal Investigation | Case Type: Fraternization / Inappropriate Relationship (No Disciplinary Action) -1 November 2016: A junior female Navy Sailor overseas was the subject of unwanted inappropriate advances by a petty officer. She did not report it. When another Sailor reported the suspected inappropriate relationship, the male petty officer accused the junior sailor of making unwanted advances at him. Mr. Conway was able to intervene with the command to prevent questioning of the Solider by NCIS, XOI, or the Chief's Mess. Using text messages and other evidence, we resolved the case with no adverse action for the junior Sailor. Criminal Investigation | Case Type: Drug Distribution (No Charges, Flag Lifted) -24 October 2016: A Soldier's wife was accused of distributing drugs in Germany out of their on-base house. CID raided his house and took his cell-phone. Mr. Conway was able to intervene with law enforcement to prevent questioning of the Solider. After months of discussion with the military prosecutors, the flag was lifted on the Soldier, he was promoted, and he received a letter of concern. Administrative Separation | Case Type: Drug Abuse (General Discharge) -11 October 2016: A Marine tested positive for 45 ng/ml of marijuana. He admitted to smoking the marijuana to two of his NCOs. Mr. Conway was retained to help the Marine avoid an Other than Honorable Discharge. We were able to obtain a General Under Honorable Conditions characterization of service. Administrative Separation | Case Type: Drug Abuse (No Misconduct) -28 September 2016: A Navy First Class Petty Officer in Norfolk - selected for chief - tested positive for marijuana and percoset. Mr. Conway and Mr. Pristera presented a defense of innocent ingestion and good military character. The board found by a vote of 3-0 that there was no misconduct. Administrative Separation | Case Type: Pattern of Misconduct (General Discharge) -19 September 2016: A Marine sergeant at Twentynine Palms receieved two NJPs and multiple 6105s. He was reduced to Lance Corporal over time. He was being separated for a pattern of misconduct. Military lawyers were convinced he would receieve an Other than Honorable Discharge. Mr. Conway obtained a general discharge for the Marine. A favorable result under the circumstances. Court-Martial | Case Type: Performance Enhancing Drugs - Steroids (Reduced to Administrative Separation Board - suspended general discharge) -5 August 2016: A Marine corporal in California tested positive for 4 banned substances under the Anabolic Steroid Control Act of 2014. He was offered nonjudicial punishment and a board waiver with an OTH. We turned down the offer. The case was referred to a Special Court-martial. As trial approached, the government dismissed charges and sent the case to an administrative separation board with no NJP. The board recommended a suspended General discharge. Navy Personnel Command | Case Type: High Year Tenure Waiver Request (Granted) -20 July 2016: Mr. Pristera successfully represented a Sailor facing separation for High Year Tenure. In this highly unique case, the command attempted to separate a Sailor with over 18 years of service for High Year Tenure. After getting his High Year Tenure temporarily extended, Mr. Pristera was able to successfully argue to Navy Personnel Command that despite being found guilty at a Captain’s Mast prior to hitting 18 years of service, the Sailor could not be administratively separated prior to reaching 20 years and retiring. Command Investigation: (Unfounded) -19 June 2016: Mr. Pristera successfully defended an Army Major facing three separate AR 15-6 investigations. The allegations included creation of a hostile work environment, withholding leave forms, bias against subordinates, unprofessional conduct, as well as other allegations. The investigating officer on the second investigation founded the allegations - specifically finding support for 14 separate accusations. Mr. Pristera appealed to the immediate commander and the findings and recommendations were disapproved. The administrative flag was removed and the major has returned to normal duty. Officer Board of Inquiry | Case Type: Assault, Drunk and Disorderly (Misconduct on the Drunk and Disordely, Honorable Discharge) -10 May 2016: A Marine Corps officer was accused of having an altercation with an enlisted Marine. The Marine was accused of assault and drunk and disorderly conduct. At the BOI the assault charge was not substantiated. The drunk and disordely conduct was substantiated. The officer was recommended for an Honorable characterization of service. Administrative Separation Board | Case Type: False Official Statement, Disobeying Orders, Dereliction of Duty (No misconduct) -5 May 2016: In an Army enlisted administrative separation board, Mr. Conway achieved retention for a sergeant at Fort Benning, Georgia. She was accused of false official statement, 3 specifications of disobeying orders, and one specification of dereliction of duty. She was pending a medical evaluation board. Because of the board findings, her medical board will be forwarded to the Physical Evaluation Board. Administrative Separation Board | Case Type: Drugs (No misconduct) -18 March 2016: In an Army enlisted administrative separation board, Mr. Myers achieved a finding of no misconduct in a wrongful use of diazepam (valium) case. Soldier was retained. Administrative Separation | Case Type: Inappropriate Relationship and Assault (No misconduct) -5 February 2016: An Army staff sergeant recruiter with 14 years of service at Fort Sam Houston, San Antonio, Texas was facing administrative separation for an alleged improper relationship with a prospective recruit and false official statement. Mr. Conway achieved a successful result and the staff sergeant was retained. Administrative Separation | Case Type: Drugs (No misconduct) -27 January 2016: A Marine staff sergeant was facing administrative separation and an Other than Honorable discharge for testing positive for cocaine - 121ng/ml. Mr. Conway presented an innocent ingestion defense and the Marine was retained. The board found no basis for separation. -6 November 2015: Suspended separation recommended in a Navy enlisted separation board involving two DUIs. Assisted in having a medical evaluation board initiated.
-30 October 2015: Obtained retention for an Army E-7 facing separation through a QMP (Qualitative Management Program) action. -29 October 2015: Officer board of inquiry at Fort Stewart, Georgia. Captain with 16 years of service retained. The allegations generally involved maltreatment of subordinate Soldiers. -26 October 2015: General discharge and disability obtained for a Guard member facing separation for steroid use, maltreatment of Soldiers, and many other charges. -15 July 2015: Launch of redesigned website. |
Initial consultations are confidential, but do not constitute the creation of an attorney-client relationship.
|
