Officer Separation Case Results

Our Case Results

Below are summaries of cases that Attorneys Barry, Willard, and Gittleman have worked on. Results cannot be guaranteed and each case’s results depend on its specific facts and circumstances. Contact us today for a free case consultation on your specific case!

Officer Separation Case Results

October 2024: The accused's Command initiated Elimination for abusive sexual contact, assault, and allegations of counterproductive leadership and creating a hostile work environment

Result: All Allegations Unsubstantiated; Retained

The accused's Command initiated elimination against the accused, a Senior Army O6/COL, for allegations of abusive sexual contact, assault, and allegations of counterproductive leadership and creating a hostile work environment.  Attorney Barry represented the accused at his Board of Inquiry, presenting additional witnesses and evidence, demonstrating the non-specific nature of the actual allegations, dramatic conclusions of the investigating officer, and lack of any actual hard proof. Attorney Barry also successfully argued to the Board that what was actually proved did not amount to a violation of any Army standards. Despite two prosecutors being put on the case, despite a two-star general testifying and saying that the accused's behavior was the worst he had ever seen in his 34-year career, and despite there already being an AMHRR filed GOMOR, all of the allegations were unsubstantiated and the accused was retained in the Army.

October 2024: The accused's Command initiated Elimination for Driving While Intoxicated

Result: Retained by Secretary of the Army

The accused's Command initiated elimination after the accused, an Army 1LT, was arrested for driving while intoxicated. Attorney Barry drafted the accused's rebuttal, which included additional evidence and information that was not previously known. Despite the Commanding General recommending that he be eliminated, the Secretary of the Army retained the accused for further service as an Officer.

October 2024: The accused's Command initiated Elimination for Driving while intoxicated on two separate occasions

Result: Honorable Discharge

The accused's Command initiated elimination after the accused, an Army 1LT, was arrested for driving while intoxicated on two separate occasions.  Attorney Barry drafted a conditional waiver for the accused, demonstrating that her alcohol abuse was directly related to a serious mental health condition.  Ultimately, the accused's Command and the Secretary of the Army agreed, and she was allowed to separate with an Honorable Discharge.

September 2024: HRC initiated elimination against the accused due to allegations of sexual harassment and unprofessional conduct towards two female Commissioned Officers, as well as a GOMOR the accused received related to those allegations

Result: Allegations Unsubstantiated; Retained

Attorney Willard successfully prepared for the board by interviewing multiple witnesses in advance of the board proceeding, as well as assisting the accused with collecting additional favorable evidence and witness statements. Then, during the board proceeding, Attorney Willard effectively cross-examined the alleged victims and successfully advocated before the board members to highlight the significant discrepancies in the testimony and accusations brought against the accused. In the end, and despite the Government’s attempt to eliminate the accused with a general discharge to take away the accused’s chances for retirement, the board members unanimously voted to unsubstantiate all allegations and retain the accused in the service. The accused continues to honorably serve on active duty.

August 2024: The Command initiated elimination for two positive drug tests for three separate substances

Result: Two Allegations Unsubstantiated; Retained

The accused, an Army CPT and PA, faced elimination for two positive drug tests for three separate substances.  At the Board of Inquiry, Attorney Barry presented evidence that the accused had valid prescriptions for two of the three substances.  Attorney Barry also presented evidence of the stress the accused was going through at the time (he was a healthcare worker during the pandemic) which led to his use of the third substance (THC Delta 9).  Ultimately, the Board of Inquiry retained the accused; he continues to serve with no adverse information in his AMHRR.

August 2024: HRC initiated elimination for alleged prohibited activities with Cadets

Result: Allegation Unsubstantiated; Retained

The accused, an Army LTC with over 20 years of service, faced elimination due to previously substantiated allegations of prohibited activities with Cadets. Attorney Barry prepared the accused's Defense at his Board of Inquiry, collecting new evidence and witness testimonials about what did and did not happen on the day in question.  Due to the new evidence collected, the allegation was unsubstantiated and the accused was retained for further service, despite the allegations being previously substantiated and despite the accused receiving a permanently filed GOMOR.

August 2024: HRC initiated elimination for sexual harassment and for conduct unbecoming of an Officer

Result: Retained

The accused, an Army MAJ with over 17 years of service, faced elimination due to previously substantiated allegations of sexual harassment and for conduct unbecoming an Officer. Attorney Barry represented the accused at his Board of Inquiry, presenting additional evidence and witnesses that demonstrated that the two alleged victims laughed at jokes told by the accused and never informed him to stop.  Additionally, Attorney Barry presented evidence of the accused's stellar performance as a field grade Officer. Despite the sexual harassment being substantiated, the Board retained the accused for further service in the Army.

July 2024: The accused’s CG initiated elimination proceedings based on alleged falsification of documents

Result: Retained

The accused, an Army 1LT, faced elimination because of an allegation that she falsified two ACFT cards.  The accused was not board eligible, so she could only write a written rebuttal. Attorney Barry collected additional evidence and statements and drafted her written rebuttal. The rebuttal was so persuasive that the same Commanding General that initiated the elimination process retained the accused without referring it to higher headquarters.

July 2024: The accused’s CG initiated elimination proceedings based on a DUI arrest

Result: Medically Retired

The accused, an Army 1LT, faced elimination after a DUI arrest when he was heading to a staff duty shift.  The accused retained Attorney Barry, who collected additional information and drafted the accused's response for the Secretary of the Army. Attorney Barry corroborated a traumatic event that happened to the accused which resulted in him abusing alcohol.  Ultimately, the Secretary of the Army agreed with Attorney Barry and the accused was medically retired instead of being eliminated.

June 2024: The accused’s CG initiated elimination proceedings based on assault and sexual harassment

Result: Sexual Harassment Allegations Unsubstantiated; Retained

The accused, an Army Major, faced elimination based on an alleged assault and sexual harassment. Attorney Barry investigated the case and presented the Board with new evidence and witnesses.  Attorney Barry also represented the accused at his Board of Inquiry and advocated to the Board of Inquiry.  Ultimately, the Board unsubstantiated the sexual harassment allegations and retained the accused the Army.

June 2024: The accused’s CG initiated elimination proceedings based on sexual harassment

Result: Retained

The accused, an Army CW3 with over 20 years of Service, was under investigation for alleged sexual harassment of two victims.  Attorney Barry represented the accused at his Board of Inquiry.  Despite numerous witnesses testifying against the accused, Attorney Barry successfully defended him, demonstrating that any sexual harassment that did occur was minor in nature without ill-intent. The Board of Inquiry retained the accused after a quick deliberation.

June 2024: The accused’s Command Issued a Detachment for Cause

Result: No Elimination Initiated by PERS

The accused, a Naval Officer, was issued a detachment for cause after being found Guilty at an Article 15 of violating Articles 82, 92, and 133, UCMJ. Attorney Barry drafted matters for the accused, highlighting the mitigating and extenuating circumstances to the accused's lapse in judgment.  Despite receiving an Article 15 and Detachment for Cause, PERS did not initiate elimination after reading the accused's matters.

June 2024: The accused’s CG initiated elimination proceedings due to a DUI arrest

Result: Retained by the Secretary of the Army

The accused, an Army CPT, faced elimination for a DUI arrest with a BAC of .086%. Attorney Barry collected additional evidence, including credit card receipts and statements from individuals who were with the accused that night, as well as an individual who was in the car with him.  Even though the local Command, including the Commanding General, recommended separation, the Secretary of the Army agreed with Attorney Barry and the accused was retained in the Army.

March 2024: The accused’s CG initiated elimination proceedings due to an allegation of fraternization, as well as a GOMOR the accused received for the accusation

Result: Retained

The accused, a CPT with over 9 years of active duty service, faced potential elimination based on an allegation of fraternization with two NCOs from his unit the year prior in March 2023, a permanently filed GOMOR for that allegation, as well as an allegation of conduct unbecoming an officer – all stemming from the same one accusation. Attorney Willard thoroughly prepared for the board by assisting the accused in collecting favorable evidence and witness statements in advance of the board proceeding, as well as preparing the accused and his witnesses for their testimony for the hearing. During the board proceeding, Attorney Willard effectively advocated before the board and highlighted the single allegation at issue as well as the accused’s stellar military record and support from his current chain of command. The board ultimately voted to retain the accused, and the accused continues to serve honorably with this unit.

May 2024: The Accused faced elimination for allegations of sexual harassment

Result: Allegations unsubstantiated

The Accused, an Army First Lieutenant, was alleged to have sexually harassed two female officers. Attorney Gittleman provided evidence not part of the original investigation which brought the truthfulness of the complainants into question. After presenting this evidence, the board completely unsubstantiated the allegations, despite the investigation having substantiated the harassment. No further action was taken against the Accused.

February 2024: The accused’s Commanding General initiated separation based on an allegation that she sold military property without proper authority.

Result: Retained

Attorney Willard thoroughly reviewed the evidence in the accused’s case and worked with her for several months to properly prepare for the board hearing. Attorney Willard interviewed numerous witnesses involved in the investigation in the accused’s case, and he helped the accused collect supporting documentation and testimony from the accused’s current chain of command who supported her retention. During the board proceeding, Attorney Willard effectively advocated the accused’s case before the board members, and despite numerous claims by an overzealous government counsel that the accused had lied under oath during her testimony at the proceeding, the board members voted to retain the accused after less than ten minutes of deliberations. The accused continues to serve as a commander with her unit.

February 2024: The accused faced possible elimination based on allegations of sexual assault

Result: Medical Retirement

The accused, an Army Warrant Officer, faced possible elimination and loss of retirement based on a sexual assault allegation. Attorney Barry collected additional evidence in the form of eye-witness sworn statements, confirming that the accused was innocent. While the accused did have a GOMOR filed in his AMHRR, the GOMOR Rebuttal drafted by Attorney Barry convinced the chain of command to allow him to medically retire instead of facing a Board of Inquiry.

February 2024: The accused faced possible elimination based on allegations of filing a false police report

Result: Honorable Discharge

The accused, an Army CPT, faced elimination because of filing a false police report. The accused admittedly filed a false report in an attempt to cover-up a gambling debt. Attorney Barry drafted a statement for the accused and a conditional resignation in lieu of elimination. Despite being informed that an Honorable Discharge would not be entertained, the Secretary of the Army ultimately allowed the accused to resign with an Honorable Discharge.

January 2024: The accused faced possible elimination based on allegations of fraud and a false personal procurement move.

Result: Medical Retirement

The accused, a commissioned officer, faced allegations of defrauding the government and receiving a permanently filed GOMOR, as well as an allegation of conduct unbecoming an officer all surrounding the same alleged misconduct. Attorney Willard thoroughly reviewed the accused’s case and assisted him with collecting favorable evidence and drafting a very detailed response to each of the allegations, as well as highlighting the mitigating and extenuating circumstances related to the accused and his case. Ultimately, the accused’s medical evaluation board was approved in lieu of the elimination, and the accused was permitted to medically retire from the service.

October 2023: The Command Initiated Elimination against the Accused for forging his Battalion Commander's Signature

Result: Retained

The accused, an Army CPT and Company Commander, faced elimination after forging his Battalion Commander's signature on a letter of lateness.  Attorney Barry represented the accused at his Board of Inquiry, demonstrating mitigating factors to the admitted misconduct that were not previously known as well as the accused's performance and potential. Despite receiving a relief for cause OER and GOMOR, Attorney Barry successfully convinced the accused's Board of Inquiry to retain him for future service.

November 2023: The Command Initiated Elimination against the Accused for Drug Use

Result: Conduct Unbecoming Allegation Unsubstantiated; Honorable Discharge

The accused, an Army CPT, faced elimination for alleged drug use. Attorney Barry represented the accused at his Board of Inquiry, demonstrating that the accused's use of drugs was unknowing. The Board ultimately agreed but unsubstantiating the conduct as Conduct Unbecoming and Officer. The accused was separated with full benefits due to the GOMOR being in his OMPF.

October 2023: The Command Initiated Elimination against the Accused for assault, drunk and disorderly conduct and for yelling obscenities, slurs and threats

Result: Retained Post Board

The accused, an Army CPT, faced elimination for assault, drunk and disorderly conduct, and for yelling obscenities, slurs and threats. The allegations stemmed from one day while deployed to Africa.  Attorney Barry represented the accused as his Board of Inquiry, highlighting his prior combat deployment and well documented PTSD.  Unfortunately, the Board of Inquiry voted to eliminate the accused with an OTH discharge. Attorney Barry appealed the Board's findings and recommendations, highlighting the clear link between the misconduct at hand and the accused's combat deployment and PTSD.  Attorney Barry also collected a letter from a Board member who supported the accused being medically retired. The Convening authority agreed with Attorney Barry, and the accused was retained so he could medically process out of the Army.

August 2023: HRC initiated separation against the accused for an inappropriate relationship

Result: Retained

The accused, an Army CPT and Veterinarian, faced elimination because of a GOMOR that she previously received for an inappropriate relationship with an NCO. Attorney Barry collected additional evidence and drafted the accused's rebuttal.  After reading the rebuttal, the accused's immediate chain of command supported her retention; however, the Commanding General recommended separation.   HRC ultimately agreed with Attorney Barry, and the accused was retained.

August 2023: The Command initiated separation against the accused for sexual harassment

Result: Honorable Discharge

The accused, an Army CPT and ROTC Cadre, faced elimination for allegedly sexually harassing a Cadet under his charge. Attorney Barry assisted the accused with multiple rebuttals, highlighting that while the accused attempted to have a sexual relationship with a Cadet, it was not sexual harassment. Ultimately the Command agreed, and a deal was reached where the accused would resign with an Honorable Discharge.

July 2023: The accused faced separation from the Coast Guard for multiple alcohol related incidents

Result: Allowed to Resign with an Honorable Discharge

The accused, a Coast Guard LT, faced the possibility of appearing before a show cause board before being allowed to resign from the Coast Guard. Attorney Barry drafted matters for OPM to consider before initiating the elimination process, highlighting the mitigating details of the incidents in question. Ultimately, the accused was allowed to honorably resign from the Coast Guard, which was his goal.

June 2023: Army HRC initiated elimination against the accused in February 2023 because of a December 2019 GOMOR that the accused received for alleged misconduct

Result: Retained

Attorney Willard successfully prepared for the board by assisting the accused in collecting favorable evidence and witness statements in advance of the board proceeding, as well as preparing the accused and witnesses for their testimony for the hearing. During the board proceeding, Attorney Willard effectively advocated before the board members and highlighted the allegations at issue as well as the accused’s stellar military record that spanned over two decades, as well as the accused’s support from his current, former and incoming chain of command. Ultimately, the board voted to retain the accused, and the accused continues to serve honorably with this unit.

June 2023: The USASOC CG initiated elimination because of an allegation of illegal drug use, as well as a GOMOR the accused received related to that allegation

Result: Retained

Attorney Willard thoroughly prepared for the board by assisting the accused in collecting favorable evidence, as well as various witness statements and testimony in advance of the board. During the board proceeding, Attorney Willard effectively advocated before the board and highlighted the allegation at issue, as well as the accused’s military career and evidence in extenuation and mitigation related to the case. While the board recommended to eliminate the accused with a general discharge, Attorney Willard worked with the accused and helped him successfully appeal the board’s decision, which ultimately resulted in the accused’s retention and allowed him to retire honorably from the service.

June 2023: The Command Initiated Elimination for alleged health care fraud

Result: Unsubstantiated and retained

The accused, an Army MAJ and board certified doctor, faced elimination for alleged health care fraud. Attorney Barry built a Defense for the accused and represented him at his Board of Inquiry.  Despite there being a pending federal prosecution, and despite a GOMOR already being filed in the accused's AMHRR, the allegations were unsubstantiated and the accused was retained.

May 2023: The Command Initiated Elimination for alleged disparaging comments

Result: Retained

The accused, an Army LTC with over 17.5 years of service, faced elimination for allegedly making disparaging and inappropriate comments during his time as a PMS.  Attorney Barry presented his Board of Inquiry with numerous fact and character witnesses, demonstrating that many of the comments were not made, that his Cadre support him, and that he is a stellar Officer deserving of continued service. Ultimately, the Board of Inquiry agreed with Attorney Barry and the accused was retained.

April 2023: The Command Initiated Elimination after a Fatal Helicopter Crash

Result: Retained and allowed to Retire

The accused, a CW3 Pilot in the Army, faced elimination after the helicopter he was piloting crashed during a training exercise, resulting in two fatalities and serious injuries to three others. Attorney Barry represented the accused from the initiation of the investigation through the Board of Inquiry. Initially, the Command considered a Court-Martial; however, Attorney Barry presented a strong investigation rebuttal, resulting in only administrative action being taken.  Ultimately, Attorney Barry represented the accused at his Board of Inquiry. Although the Board of Inquiry voted to separate the accused, Attorney Barry appealed and convinced the Secretary of the Army to retain the him.  The accused will be allowed to retire Honorably.

April 2023: The Command Initiated Elimination after a DUI Arrest

Result: Honorable Discharge

The accused, an Army 1LT, faced elimination after a DUI arrest. Attorney Barry drafted the accused's response, highlighting the mitigating factors of the incident in question and his stellar performance as an Officer. Despite the Commanding General recommending a General Discharge, the Secretary of the Army agreed with Attorney Barry and ordered an Honorable Discharge.

February 2023: HRC initiated elimination for a GOMOR previously filed in the accused's AMHRR

Result: Retired in Current Rank and Pay Grade

After having his retirement date already set, HRC initiated elimination against the accused, an Army LTC, for a GOMOR that was previously filed in his AMHRR. Attorney Barry advised the accused throughout the process, ultimately resulting in the accused being allowed to retire in his current rank and pay grade.

February 2023: The accused was facing elimination for his refusal to get the COVID-19 Vaccine

Result: LOC, LOR, and Elimination Action Terminated

The accused, an Air Force LtCol, was pending separation for his refusal to get the COVID-19 Vaccine after receiving a LOC and an LOR.  Attorney Barry assisted the accused for over a year, providing advice during an uncertain time in the Air Force. Ultimately, all adverse actions were terminated and the accused was allowed to leave the Air Force favorably, which was his goal.

February 2023: The Command initiated separation for misconduct

Result: Honorable Discharge

The Command initiated separation against the accused, an Army 2LT, for allegedly making racist comments, being relieved as a platoon leader, and for serious allegations relating to his sexual impulses.  Attorney Barry drafted the accused's rebuttal matters, highlighting the minor nature of the comments he made and that he actually committed no other crimes.  The Secretary of the Army ultimately agreed, allowing the accused to leave the Army with an Honorable Discharge.

January 2023: The Fort Campbell CG initiated elimination because of an allegation of domestic violence, as well as a GOMOR that the accused received stemming from that same allegation

Result: Allegation unsubstantiated; retained

The accused, a CW2 with over 18.5 years of service, faced potential elimination based on an allegation of domestic violence, a permanently filed GOMOR from that allegation, as well as an allegation of conduct unbecoming an officer all for the same domestic violence allegation. Attorney Willard successfully prepared for the board by assisting the accused in collecting favorable evidence and witness statements in advance of the board proceeding. Then, during the board proceeding, Attorney Willard effectively advocated before the board members and highlighted the allegations at issue as well as the accused’s stellar military record and support from his chain of command.  Ultimately, despite the Government’s attempt to eliminate the accused with an other than honorable discharge, Attorney Willard was able to get the board members to unsubstantiate the allegations, and the accused was retained in the service.

January 2023: The Command initiated separation for substandard performance of duty

Result: Allegation unsubstantiated; retained

The Command initiated separation against the accused, an Army Special Forces Captain, for allegedly allowing a Warrant Officer under his Command to turn in fake vaccination cards.  Attorney Barry collected additional evidence and presented it effectively to the Board of Inquiry. Despite a GOMOR being in the accused's AMHRR, the allegation was unsubstantiated and the accused was retained in the Army.

January 2023: The Command initiated separation for violation of a lawful order

Result: Honorable Discharge

The Command initiated separation against the accused, an Army CPT who was relieved from Command, for violation of a lawful order. Specifically, the CPT was accused of authorizing an MWR trip while deployed and allowing Soldiers to drink alcohol on said trip, in violation of policies in place.  Attorney Barry drafted an additional statement for the accused to go along with a conditional resignation in lieu of elimination, which highlighted that the accused was unaware of the policies regarding the MWR trip and was unaware that Soldiers drank alcohol.  The accused's conditional resignation in lieu of elimination was approved and he was honorably discharged.

December 2022: The Command initiated separation for making false official statements and having an inappropriate relationship

Result: Officer Elimination Action Terminated; the Accused Medically Retired

The Command initiated separation against the accused, a retirement eligible Army MAJ, for false official statements and having an inappropriate relationship. Before Attorney Barry was retained, the accused attempted to retire twice and the Command refused to process her retirement packet.  The accused had a medical emergency the day of her Board of Inquiry, and the Command decided to conduct the Board of Inquiry while she was in the hospital. The Board ultimately recommended that she be separated.  Attorney Barry was retained to appeal the results of the Board of Inquiry.  Attorney Barry collected additional evidence and drafted an appeal to the Secretary of the Army, demonstrating the legal errors that were committed. Ultimately, the Secretary of the Army agreed with Attorney Barry, and the elimination action was terminated. The accused was allowed to medically retire.

November 2022: The Command initiated separation for sexual harassment of two junior Officers

Result: One of two allegations unsubstantiated; retained

The Command initiated separation against the accused, an Army CPT, for sexual harassment of two junior Officers that he previously received a GOMOR for.  Prior to the Board, Attorney Barry collected additional evidence demonstrating the inconsistency in one allegation and the untruthful character of one of the accusers. At the Board of Inquiry, the accused sucessfully advocated for the accused, resulting in one of the allegations being unsubstantiated and the accused being retained in the Army.

November 2022: The Command initiated separation for drug use

Result: Officer Elimination Action Terminated; the Accused submitted a REFRAD

The Command initiated separation against the accused, an Army CPT, for drug use. Attorney Barry effectively negotiated an agreement with the Command were the accused would submit a REFRAD packet if the elimination action was terminated. The Commanding General ultimately agreed.

November 2022: The Command initiated separation for assault, conduct unbecoming, false official statement, and AWOL

Result: All but one allegation unsubstantiated; Retained

The Command initiated separation against the accused, an Army CPT, for assault, conduct unbecoming, false official statement, and AWOL.  Attorney Barry uncovered additional evidence and witnesses, demonstrating the accused's innocence, the Command's bias against him, and identifying mental health conditions that were contributing factors to everything that occurred.  Attorney Barry also represented the accused at his Board of Inquiry, which ended up being 15 hours long.  Despite being previously found Guilty on all allegations at an Article 15, the Board of Inquiry unsubstantiated all but the conduct unbecoming allegation and retained the accused in the Army.

September 2022: The Command initiated separation for the appearance of an inappropriate relationship

Result: Retained without a Board of Inquiry

The Command initiated separation against the accused, an Army 1LT, for the appearance of an inappropriate relationship.  An investigation determined that she was in a personal, and possibly romantic, relationship with an NCO. The accused received a permanently filed GOMOR for this conduct.  Attorney Barry was subsequently retained and assisted the accused with her elimination rebuttal, collecting several additional statements and other evidence. The new information/evidence resulted in the chain of command changing their opinion about what happened. The chain of command and the Commanding General all supported retention.

September 2022: The Command initiated separation for allegedly not reporting a sexual assault and for sexual harassment

Result: Allegations Unsubstantiated; Retained

The Command initiated separation against the accused, an Army CPT, for allegedly not reporting a sexual assault and for sexual harassment allegations from over 8 years prior.  Attorney Barry effectively defended the allegations at the Board of Inquiry, presenting clear evidence that the accused did not fail to report a sexual assault allegation and that he became the scape goat for the unit's failure.  After 15-hour Board of Inquiry, the allegations were unsubstantiated after less than 30 minutes of deliberation.

September 2022: The Command initiated separation for saying a homophobic term to a gate guard

Result: Retained

The Command initiated separation against the accused, an Army CPT, for saying a homophobic term to a gate guard.  The accused retained Attorney Barry after already receiving a permanently filed GOMOR.  Attorney Barry assisted the accused with his rebuttal to the Officer Elimination Action, highlighting his combat experience and pending medical evaluation board for PTSD. Furthermore, Attorney Barry demonstrated how the accused's PTSD directly related to his admitted mistake.  The accused's Command ultimately dropped the Officer Elimination Action, allowing the accused to Medically Retire without waiting months for the Secretary of the Army to take action.

September 2022: The Command initiated separation because of a positive drug test

Result: Retained without a Board of Inquiry

The Command initiated separation against the accused, an Army CW5, after a positive drug test.  After Attorney Barry assisted the accused with her GOMOR Rebuttal, the GOMOR itself was rescinded. Attorney Barry also drafted a response to the initiation of elimination, explaining how the Commanding General could close-out the elimination action without a Board of Inquiry because he was the one that initiated it. The chain of command agreed with Attorney Barry, ultimately resulting in a retention without referral to a Board of Inquiry.

September 2022: The Command initiated separation for a pattern of misconduct, lying, and receiving a GOMOR

Result: Honorable Discharge

The Command initiated separation against the accused, an Army Captain, for a pattern of misconduct, lying, and receiving a GOMOR.  Attorney Barry drafted a conditional resignation in lieu of elimination for the accused, effectively arguing that the misconduct was incredibly minor.  The accused was happy to leave the Army, but would only do so if he received an Honorable Discharge.  Attorney Barry's memo persuaded the chain of command and resulted in an Honorable Discharge for the accused.

August 2022: HRC initiated elimination for conduct unbecoming an officer

Result: Retained

HRC initiated elimination against the accused, an Army CPT and Veterinarian, for conduct unbecoming and a for relief for cause OER relating to counterproductive leadership.  Attorney Barry gathered additional evidence and witnesses for the accused, demonstrating that the accused incorporated the lessons learned from being relieved as an OIC and had value added to the Army in the future.  Despite a subsequent GOMOR that the accused received, the Board agreed with Attorney Barry and she was retained and allowed to continue to serve.

August 2022: The accused's Command initiated separation for adultering a urine sample, failing to provide a timely urine sample, and multiple failures to report

Result: 1/3 Allegations Unsubstantiated; Honorable Discharge

The accused's Command initiated separation against the accused for allegedly adultering a urine sample, failing to provide a timely urine sample, and multiple failures to report.  The Command advocated for the accused to be separated with an other than honorable discharge. Attorney Barry advocated for the accused, collecting numerous letters of support and medical records, ultimately leading to one allegation being unsubstantiated and the accused receiving an Honorable Discharge, which was his goal.

August 2022: The Command initiated elimination against the accused for possessing and viewing child pornography

Result: Accused allowed to Retire 

The Command initiated elimination against the accused, an Army CPT, for possessing and viewing child pornography.  TDS tried to convince the accused to simply resign; however, Attorney Barry knew that the accused's retirement was federally protected and advised the accused to submit a retirement in lieu of elimination. Ultimately, his retirement was approved at the rank of 1LT and he was allowed to retire with full benefits, despite an on-going federal trial.

June 2022: HRC initiated elimination for conduct unbecoming an officer

Result: Elimination Action Terminated without a Board of Inquiry

HRC initiated elimination against the accused, an Army LTC with almost 20 years of service. Attorney Barry advocated to the Commanding General and HRC, ultimately convincing them to terminate the Officer Elimination Action without referral to Board of Inquiry.

May 2022: The accused's Command initiated Separation for Alleged Theft

Result: Allegations Unsubstantiated; Retained

In a case that gathered media attention from the Army Times, the Command initiated separation against the accused, an Army doctor and COL, for alleged theft.  Attorney Barry effectively gathered additional evidence and advocated to a board of three General Officers on behalf of the accused. Ultimately, the allegations were unsubstantiated and the accused was retained.

May 2022: The accused's Command initiated separation for sexual harassment and for having an inappropriate relationship with an NCO

Result: Honorable Discharge

The Command initiated separation against the accused, a 1LT, for sexual harassment and for having an inappropriate relationship with an NCO.  Attorney Barry effectively advocated on behalf of the accused, convincing HRC to disagree with the Commanding General and issue an Honorable Discharge.

February 2022: The accused's Command initiated separation for alleged abusive sexual contact and conduct unbecoming

Result: Medically Retired with full VA Benefits

The Command initiated separation against an accused for his alleged behavior while intoxicated at a West Point alumni event.  Attorney Barry assisted the accused with numerous written responses, ultimately convincing the Secretary of the Army to medically retire the accused instead of elimination for misconduct. The accused was formally retired as a CPT with full retirement benefits.

January 2022: The accused's Command initiated separation for engaging in extramarital sexual conduct, displaying a willingness to be dishonest to protect himself, and conduct unbecoming an officer

Result: Honorable Discharge; all VA Benefits maintained

The Command attempted to give the accused an Other than Honorable (OTH) discharge after the accused had self-reported his own alleged misconduct that formed the basis for the board of inquiry.  Attorney Willard got involved and presented an effective case on the accused's behalf where several senior leaders testified for the accused before the board of senior officers.  Ultimately, the accused receive an Honorable discharge and will leave the service with full benefits.

January 2022: The accused's Command initiated elimination because of sexual abuse of a minor, domestic violence, driving while intoxicated, providing alcohol to minors, being drunk on duty on multiple occasions, theft, and multiple failures to report

Result: Serious allegations unsubstantiated; VA Benefits maintained

The accused's Command initiated elimination because of sexual abuse of a minor, domestic violence, driving while intoxicated, providing alcohol to minors, being drunk on duty on multiple occasions, theft, and multiple failures to report.  Attorney Barry presented lengthy written-matters, over 140 pages, which demonstrated that the accused was not guilty of the most serious accusations.  Attorney Barry also effectively advocated for the accused during the Board of Inquiry, even convincing the prosecutor to change his recommendation from "other than honorable" to "general, under honorable conditions." Ultimately, the Board unsubstantiated the sexual abuse of a minor allegation, the domestic violence allegation, and the theft allegation.  The accused was able to maintain his VA benefits.

December 2021: The accused's Command initiated elimination for an alleged extramarital affair

Result: Allegations unsubstantiated; Retained

The accused, an Army 06, faced a Board of Inquiry (consisting of all General Officers) for an alleged extra-marital affair.  Despite a GOMOR already being filed in the accused's AMHRR for the same allegations, Attorney Barry discredited the Government's case and witnesses.  The Board deliberated for less than a half hour and unsubstantiated all allegations. The accused was retained and allowed to continue to serve.

December 2021: The accused’s command initiated elimination because of a GOMOR and referred OER for sexual harassment and conduct unbecoming an officer

Result: Retained

Attorney Willard successfully obtained favorable legal rulings in advance of the board and then effectively advocated before the board members, highlighting the actual alleged misconduct at issue and highlighting the accused’s stellar military record and support from Senior Commissioned and Noncommissioned Officers. The accused was retained and allowed to continue his military service.

November 2021: The accused's Command initiated elimination for engaging in extramarital sexual conduct, having an unauthorized TOPMIS account, conduct unbecoming an officer, and for receiving a GOMOR for his actions

Result: Two of Four Allegations Unsubstantiated; Honorable Discharge with Full Benefits

The command attempted to give the accused an Other Than Honorable (OTH) discharge for the alleged misconduct in his case. Attorney Willard got involved and zealously advocated the accused’s case before the board of senior officers, where two of the four allegations were unsubstantiated.  The accused received an Honorable discharge and left the service with full benefits.

September 2021: HRC Initiated Separation because of a GOMOR for Counterproductive Leadership and Religious Discrimination

Result: Two of three allegations unsubstantiated; Retained

The accused, a Major with close to 16 years of service, was forced to face elimination because of a GOMOR for counterproductive leadership and religious discrimination.  Attorney Barry effectively cross examined and impeached the Government's witnesses and case.  Ultimately, the counterproductive leadership and religious discrimination allegations were unsubstantiated, and the accused was retained.

July 2021: The Command attempted to separate a senior commander because of the results of a command climate survey

Result: Allegations unsubstantiated; retained

In an internationally known case, the Command attempted to separate a senior Army Commander. Attorney Barry effectively defended the allegations, ultimately convincing the Board of Inquiry to retain the accused.  Attorney Barry also convinced the Board to make a special finding, that the accused was not substandard in his performance of duty, essentially indicating that he should not have been removed from Command.

June 2021: The Command Initiated Separation for Allowing Soldiers to Drink Alcohol in the Field

Result: Retained

The Command initiated separation against the accused for allowing his Soldiers to drink alcohol after Gunnery.  Attorney Barry effectively advocated to the Board of Inquiry, highlighting the accused's stellar record and the support of numerous 05s and 06s.  The accused was retained to take a new Command and to continue to serve.

June 2021: The Command Initiated Separation for a General Order Number 1 Violation

Result: Retained

The Command initiated separation for a General Order Number 1 Violation while serving in Poland.  It was a high- visibility case that made world-wide news.  Attorney Barry advised the accused prior to his Board of Inquiry, responding to multiple adverse actions.  Ultimately, Attorney Barry gained the support of the accused's Brigade Commander and one of the Senior Officers involved in the General Order 1 Violation.  The accused was retained by the Board of Inquiry and allowed to continue to serve.

March 2021: The accused's Command initiated separation for having an inappropriate relationship and lying to the investigating officer

Result: Honorable Discharge with Full Benefits

The accused, a Captain, was under investigation after he got in a car accident.  The investigating officer ultimately determined that the accused was having an inappropriate relationship with an NCO and lied about the nature of it when asked.  Attorney Barry successfully advised the accused and advocated to the chain of command, resulting in the accused achieving his goals of leaving the Army with an Honorable Discharge.

February 2021: HRC Initiated Separation against the Accused for Driving while Intoxicated and not reporting his arrest to his chain of command

Result: Honorable Discharge with Full Benefits

After not being promoted to MAJ, HRC initiated elimination against the accused because of a GOMOR in his OMPF.  Attorney Barry effectively mitigated the otherwise serious misconduct (DUI), resulting in the Board of Inquiry recommending an Honorable Discharge.  The Accused kept all VA Benefits.

January 2021: The Command Initiated Separation against the Accused for AWOL and making multiple False Official Statements

Result: Honorably Discharged with Full Benefits

The Command, after issuing a GOMOR and relief for cause OER, initiated elimination against the accused for going AWOL over a three day period and falsifying an APFT and body fat test.  Attorney Barry effectively demonstrated that the accused suffered from multiple mental health conditions that contributed to his misconduct.  Attorney Barry also effectively cross-examined the accused's chain of command, demonstrating that they were completely unaware of the accused's personal struggles and had effectively abandoned him.  The Board ultimately agreed with Attorney Barry, and issued him an Honorable Discharge, despite the serious nature of the accusations.

August 2020: The Command Initiated Separation against the Accused for Child Abuse and Child Neglect

Result: Honorably Discharged with Full Benefits

The accused was reprimanded after a CID investigation for child abuse and child neglect.  Attorney Barry crafted a rebuttal to the reprimand that ultimately convinced the Commanding General to recommend an Honorable Discharge, despite the very serious nature of the accusations.

March 2020: The command initiated separation against the accused for missing movement and several failures to report

Result: Honorably discharged with full benefits

The command attempted to give the accused a General Discharge for very minor misconduct.  Attorney Barry got involved and convinced the Commanding General and Human Resources Command to issue an Honorable Discharge, against the local Command's recommendation.  The accused left the service with full benefits.

February 2020: The Command initiated elimination against the accused for driving under the influence of alcohol, reckless driving, fleeing from police, and for receiving a GOMOR for his actions

Result: Retained

The command initiated elimination against the accused for DUI, reckless driving, fleeing from police, and for receiving a permanently filed GOMOR for his actions. Attorney Willard presented a strong case on behalf of the accused to the board members, which included the testimony for the accused from numerous senior military leaders, and the board voted to retain the accused on active duty despite the serious nature of the allegations against him.

May 2019: The Command initiated elimination based on an allegation that the accused was derelict in his job performance

Result: Retained

The command initiated elimination against the accused, a pilot with 17 years of service and numerous combat deployments, after the command alleged the accused was derelict in his job performance while serving as a supervisor on the ground when a fellow pilot’s aircraft crashed and led to the deaths of two Servicemembers. Attorney Willard effectively investigated the allegation and zealously advocated on the accused’s behalf at the board.  Although the board members recommended elimination with an Honorable discharge, Attorney Willard successfully advocated to the installation commander, which resulted in the accused being retained on active duty in the United States Army.

February 2019: The Command initiated elimination based on an allegation that the accused committed adultery while separated by still legally married

Result: Retained

The command initiated elimination against the accused, a pilot with over seventeen years of service and numerous combat deployments, after an investigation revealed the accused committed adultery a year after being separated from his spouse and the accused received a GOMOR his actions. Attorney Willard successfully advocated to the board for the accused to be retained despite the allegation, and after hearing testimony from the accused and senior leaders of the command who testified on his behalf, the board retained the accused and allowed him to continue service in the United States Army.

February 2019: The command initiated separation against the accused for allegedly committing fraud while moving between states.

Result: Honorably discharged with full benefits.

The accused was given a general officer letter of reprimand and twice passed over for promotion, all occurring before Attorney Barry got involved. The Army then attempted to separated him with an unfavorable discharge prior to his mandatory separation from the Army. Attorney Barry quickly understood that the Army did not have enough time to separate the accused with anything but an honorable discharge and acted appropriately by demanding a separation board.

November 2018: The Command initiated elimination based on allegations that the accused engaged in undue familiarity with her enlisted Soldiers and had an inappropriate relationship with an enlisted Soldier

Result: Allegations unsubstantiated; Retained

The command initiated elimination against the accused after a command climate survey indicated the accused was perceived to have engaged in undue familiarity and an inappropriate relationship with enlisted Soldiers. Attorney Willard effectively investigated the case to unsubstantiate both allegations.  Although the accused did receive a GOMOR for her perceived actions, the same command team who recommended the GOMOR testified on the accused’s behalf for retention, and the board members voted to retain the accused in the Army.

September 2018: The command initiated separation against a retirement eligible accused for alleged domestic violence.

Result: Allegation unsubstantiated, retained and allowed to continue career.

The accused and his wife maintained that nothing physical happened; however, a police officer wrote in the report that the accused hit his wife. The accused was retirement eligible and separation was initiated by the chain of command. Attorney Barry arranged for the accused’s wife to testify and effectively cross examined the police officer, who ultimately admitted he was unsure if the accused ever hit his wife. Attorney Barry also got the police officer to admit that he violated TN law in disclosing the contents of a redacted police report to a non-law enforcement agency.

August 2018: The command initiated separation against the accused for allegedly showing up to formation drunk.

Result: Honorably discharged with full benefits.

Attorney Barry quickly and effectively engaged the chain of command and received support for an honorable discharge instead of a general or other than honorable discharge.

August 2018: The command initiated separation against a retirement eligible accused for alleged domestic violence.

Result: Retained, allowed to medically retire with full benefits.

The accused’s wife was actually the aggressor and an eye witness confirmed this; however, the command unjustly attempted to separate him anyway. The accused was retirement eligible and had an on-going medical board for PTSD; he was a decorated combat veteran. Attorney Barry gathered witnesses and documents demonstrating the accused’s impressive combat career and aggressively cross examined the wife during the separation proceedings.

July 2018: The Command initiated elimination based on an allegation the accused Soldier made a false official statement when submitting his weight tickets

Result: Retained

The accused, a pilot with over fifteen years of service and numerous combat deployments, was accused of submitting false weight tickets for his PCS move. After the presentation of the evidence, the client’s testimony, and with the support of numerous senior commanders, Attorney Willard successfully advocated for the board to retain the accused to allow him to continue his service in the United States Army.

August 2017: The command initiated separation against the accused for allegedly having an inappropriate relationship with her subordinate.

Result: Honorably discharged with full benefits.

The army initiated elimination against the accused and attempted to give her a General Discharge. Attorney Barry drafted a response for the accused that pointed out the legal errors in the investigation, demonstrated sexism in the investigation, and provided statements that rebutted the accusation.