Unlawful possession and sale of government equipment | Case Result

January 2020

Location:

Camp Forster, Okinawa, Japan

Rank:

  • Marine

  • O-3

Charges:

  • Unlawful possession and sale of government equipment.

Result:

Board of Inquiry Letter of Deficiency Denied.

Our office was retained after a Marine Captain already went through a Board of Inquiry where he was represented by the free military lawyer.  The BOI did not go well, as the members found a basis for separation and recommended an Other Than Honorable Discharge characterization.  After being retained, a BOI Letter of Deficiency was drafted laying out the significant legal issues which occurred at the BOI and asking for a new board.  Ultimately, the Letter of Deficiency was denied.   This case served as an example of why civilian defense counsel should be retained at the earliest opportunity – prior to a trial or Board of Inquiry – as opposed to after a conviction or separation.  While appeals are worth pursuing, the service member can often obtain a significantly better result by retaining counsel early on in the process.

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