Results

Attorney Barry's Case Results

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

Courts-Martial Results

October 2020: The accused was charged with maltreatment, having an inappropriate relationship, extra-martial sexual conduct, and communicating indecent language

Charges dismissed, no conviction, no jail time, no punitive discharge

The command initiated a Court-Martial against the accused, a MSG, after a hasty and incomplete investigation.  Attorney Barry effectively advocated to the Preliminary Hearing Officer and Trial Counsel that the case was not deserving of a Court-Martial.  Charges were dismissed.

October 2020: The accused was charged with domestic violence

Charges dismissed, no conviction, no jail time, no discharge, Soldier was allowed to continue his career

The accused was charged with committing domestic violence.  Attorney Barry worked with the victim and helped her express her support for the accused.  Attorney Barry effectively advocated to the chain of command, ultimately getting them to agree to drop the Court-Martial charges, proceed only with an Article 15, and allow the accused to continue to serve.

October 2020: The accused was charged with Rape and Indecent Recording

Charges dismissed, no conviction, no jail time, no discharge, Soldier was allowed to continue his career

The accused was charged with raping a fellow Soldier and for recording it with a cell phone.  Attorney Barry conducted his own investigation and discovered that CID and the prosecutors did not disclose a video that they had in their possession which conclusively proved that the sexual encounter in question was consensual.  Attorney Barry then successfully advocated for all charges to be dismissed before trial, a very rare result.  The accused was allowed to continue to serve.

September 2020: The accused was charged with dereliction of duty, making a false official statement, and several specifications of theft

not guilty of all charges and specifications, no federal conviction, no confinement, the accused was able to continue her military career

The accused, an Army supply sergeant, was unjustly accused of dereliction of duty, making a false official statement, and theft.  Attorney Barry uncovered numerous witnesses that supported the accused and worked diligently to understand the complex issues in the case.  Ultimately, Attorney Barry understood army supply procedures better than the prosecutors and he successfully advocated for the accused at trial, resulting in a full acquittal.

September 2020: The accused was charged with solicitation, distribution, and use of cocaine, ecstasy, and oxycontin

Solicitation and Distribution Charges Dismissed

The accused was charged with distribution, solicitation and use of several drugs.  Attorney Barry successfully discredited the primary complaining witness and convinced the Government to dismiss the solicitation charge before trial.  Attorney Barry also convinced the judge suppress the search of the accused's phone because of an illegal seizure of his pin code.   The Government then agreed to dismiss the distribution charge and the accused was only convicted of the use of drugs and received only 35 days in confinement.

August 2020: The accused was charged with aggravated assault and dereliction of duty

Charges dismissed, no conviction, no jail time, no punitive discharge, accused was allowed to retire with full benefits

The Command brought unjust and disproportionate charges against the accused. Attorney Barry advocated to get the charges dropped and to allow the accused to retire.  The Command administered an article 15 instead, only taking away half of one-months pay, for one month.  The accused retired from the Army with full benefits.

June 2020: The accused was charged with multiple specifications of rape, domestic violence, and child abuse

Charges dismissed, no conviction, no jail time, no punitive discharge

The accused's ex-wife made multiple accusations of rape and domestic violence spanning more than a decade.  Attorney Barry not only found multiple inconsistencies with the ex-wife's allegation, but he successfully gained her support to get the charges dropped.

June 2020: The accused was charged with failure to report, having an inappropriate relationship, and over 40 violations of a military protection order

Charges dismissed, no conviction, no jail time, no punitive discharge

The accused's unit placed him in pretrial confinement.  Attorney Barry successfully advocated for his release from jail and for the charges to be dismissed.  The accused left the military with no conviction.

March 2020: The accused was charged with aggravated assault and reckless endangerment

Exonerated on one of the two charges, mistrial granted on other charge, NO punishment, NO conviction

In a high profile case, Attorney Barry represented a decorated Special Forces Master Sergeant (E8).  Attorney Barry exposed the Commanding General's Unlawful Command Influence, convincing the judge to make a very rare ruling.  Attorney Barry also exposed the unfair pretrial punishment that the accused was subjected to, gaining 140 days of confinement credit going into trial.  At trial, Attorney Barry and his co-counsels effectively represented the accused, convincing the jury to administer no punishment.  The accused was allowed to maintain his rank and his military retirement.  After trial, Attorney Barry uncovered juror misconduct, resulting in the remaining conviction being dismissed.

February 2020: The accused was charged with three specifications of dereliction of duty

Exonerated on 2 of the 3 charges, no confinement, no punitive discharge

The accused was being unfairly prosecuted for three allegations of dereliction of duty. Attorney Barry filed a legal motion that resulted in one of the three allegations being dropped by the prosecution.  Attorney Barry mounted an effective defense for the other charges, resulting in only one conviction, no punitive discharge, and no confinement.  The accused went back to his unit on the final day of the Court-Martial.

April 2019: The accused was charged with desertion

Charges dismissed, no conviction, no confinement, no punitive discharge.

Over ten years prior the accused had left his unit to deal with compelling family issues at home. In 2019 the accused was arrested on a deserter warrant and brought to Fort Campbell to face a Court-Martial. The Command would not provide him with medical treatment, a uniform, and did not pay him. Attorney Barry advocated to the Commanding General after the accused’s Brigade Commander refused to remedy the situation. Despite personal attacks against Attorney Barry by the Staff Judge Advocate, he continued to advocate for the accused contributing to all charges being dismissed.

February 2019: The accused was charged with domestic violence and obstruction of justice.

Not Guilty of all Charges and Specifications, no federal conviction, no confinement, the accused was able to retire with full benefits.

A retirement eligible Soldier was charged with domestic violence and obstruction of justice against his wife and step-daughter. The wife had a history of making false accusations against the accused. Attorney Barry conducted a diligent and thorough investigation, undercovering multiple instances of the wife committing various crimes, lying, and physically attacking the accused. Attorney Barry effectively presented this information to the jury, resulting in a full acquittal.

December 2018: The accused was charged with rape and sexual assault of his friend while at a party while she was passed out and unable to consent to sexual activity.

Not Guilty of any sexual offense, no sex offender registration, the accused went back to his unit on the final day of the Court-Martial.

The complaining witness went to the hospital the next day and tested negative for any alcohol in her system, despite telling CID that she drank an entire 750ml bottle of vodka in 4 hours the night before. The accused was berated by a CID agent for hours and eventually made an incriminating statement. Attorney Barry successfully lobbied the court to appoint four experts as part of the Defense team for the trial. These experts demonstrated that the complaining witness was lying about how much she drank and was likely an active participant in the sexual activity. Attorney Barry also effectively cross examined the CID agent who took the accused’s incriminating statement, ultimately getting him to admit that he did not treat the accused with dignity and respect and acted inappropriately during the interrogation.

November 2018: The accused was charged with committing rape, domestic violence, making a false official statement, and communicating a threat.

Charges dismissed, no conviction, no sex offender registration, no confinement, no punitive discharge.

Attorney Barry approached the complaining witness in the case and found out that she did not want to participate in the case at all. This information was presented to the prosecutors and the chain of command by Attorney Barry leading to the dismissal of charges.

November 2018: The accused was charged with rape and sexual assault of an acquaintance after a barracks party.

Charges dismissed, no conviction, no sex offender registration, no confinement, no punitive discharge.

The complaining witness alleged that the accused held her down forcefully while he performed sexual acts on her. Soon after she went to CID and photos were taken of the bruises she had all over her body. Attorney Barry worked hard to obtain the complaining witnesses’ medical records and discovered a unique medical condition that explained some of her injuries. Attorney Barry also filed numerous motions and uncovered many favorable witnesses. This all lead to the Commanding General not wanting to pursue a Court-Martial.

October 2018: The accused was charged with violating Article 120c, having multiple inappropriate relationships with junior Soldiers, bestiality, adultery, obstruction of justice and making a false official statement.

All sexual related offenses dropped, no sex offender registration, only minimal punishment for other offenses.

CID and the command conducted a massive and over the top investigation because of political pressure from higher commands, Congress, and the media. Attorney Barry conducted an aggressive and equally massive investigation into the inappropriate unlawful command influence from higher commands and Congress. Over 10 motions were filed, requesting that multiple General Officers be subpoena’d to answer for their involvement in the charges being brought against the accused. Not wanting to respond to the motions filed by Attorney Barry, the Government agreed to drop all sexual related offenses.

September 2018: The accused was charged with multiple failures to report and being absent without leave.

No federal conviction, no confinement, accused retained in the Army.

Attorney Barry did an investigation and determined that the accused was already punished with jail time for his offense. Attorney Barry negotiated early on with his chain of command and reached an agreement that resulted in the above.

August 2018: The accused was charged with attempting to commit rape against a fellow Soldier.

No sex offender registration, no confinement, no punitive discharge, retained in the Army.

Attorney Barry and his co-counsel effectively uncovered the multiple different accounts the complaining witness told about the alleged crime and her odd behavior immediately following. Attorney Barry presented multiple witnesses who told the panel about how good of an NCO the accused was. Attorney Barry also made a compelling sentencing argument that the Military Judge said was the best he ever heard.

August 2018: The accused was charged with sexual assault, indecent exposure and committing a false official statement.

No sex offender registration, no confinement, no punitive discharge, retained in the Army.

The accused was charged with sexual assault, indecent exposure, and committing a false official statement. Attorney Barry conducted an investigation and determined that the supposed eye witness had massive credibility issues and could not be trusted. Attorney Barry brought this information to the chain of command leading to the above result.

July 2018: The accused was charged with sexual assault of his friend after a party and burglary.

Not Guilty of all charges and specifications, no federal conviction, no confinement, no punitive discharge, no sex offender registration.

The complaining witness told multiple different versions of the alleged sexual assault to different people. Attorney Barry uncovered all of these different versions and tracked down multiple eye witnesses to her behavior immediately before the alleged sexual assault. Attorney Barry also uncovered that the complaining witness had a boyfriend at the time who was at JRTC and that the alleged sexual assault happened at his house while he was away. Armed with this information, Attorney Barry effectively cross examined the complaining witness and presented a compelling case to the jury, resulting in a full acquittal.

June 2018: The accused was charged with sexual assault of his girlfriend.

Charges dismissed, no federal conviction, no confinement, no punitive discharge, no sex offender registration.

The accused was charged with sexual assault against his girlfriend. Attorney Barry uncovered multiple witnesses that were of the opinion that the complaining witness was an untruthful person. Attorney Barry also discovered a previous investigation into the complaining witness for making multiple false official statements. Attorney Barry presented this information to the prosecution which resulted in them no longer wishing to pursue charges.

April 2018: The accused was charged with introducing drugs onto a federal installation and multiple violations of Article 92, violating a lawful order.

No federal conviction, no punitive discharge.

Attorney Barry intervened early on in the process and convinced the chain of command to handle the matter on a lower level than the prosecutors originally wanted to.

April 2018: The accused was charged with committing domestic violence against his wife multiple times over the period of a year.

No federal conviction, no punitive discharge.

Attorney Barry acted quickly to negotiate with the chain of command and prosecutors and convinced all to handle the matter at a lower level.

January 2018: The accused was charged with absence without leave and multiple instances of theft and sale of Government property.

No federal conviction, no punitive discharge.

Despite his impeccable military record, the command was insistent on sending his case to a general court martial. Attorney Barry collected letters on the accused’s behalf and presented his military record to his command, which included a silver star for participating in the one of the highest profile missions ever conducted by the US military. After Attorney Barry’s efforts, the prosecution, and Command ultimately agreed to handle the matter at a lower level.

January 2018: The accused was charged with multiple failures to report, making a false official statement, and multiple instances of drug use.

No federal conviction, no punitive discharge.

Attorney Barry successfully negotiated with the accused’s chain of command and presented mitigating circumstances in his personal life resulting in the Command and prosecution agreeing to the above result.

January 2018: The accused was charged with sexual assault, rape, communicating a threat, and disrespecting his NCOs and Officers.

Charges dismissed, no federal conviction, no confinement, no punitive discharge, no sex offender registration.

CID and the command pressed charges despite eye witness testimony that exonerated the accused. Attorney Barry was successful in getting these eye witnesses to testify at the preliminary hearing and getting the charges dismissed without a trial. He also conducted an investigation and gathered statements about the mistreatment and abuse the command perpetrated against the accused.

August 2017: The accused was charged with multiple violations of Article 92, making a false official statement, video taping a sexual assault, and not intervening during a sexual assault.

Acquitted of all but one specification, no punitive discharge, only minimal punishment for remaining offense.

In a politically motivated prosecution, the Government prosecuted the accused in an attempt to establish a legal requirement to intervene during a sexual assault. Attorney Barry conducted a thorough investigation and subpoenaed a high-ranking special victim’s prosecutor who testified that there was no legal requirement to intervene during a sexual assault.

August 2017: The accused was charged with rape of a child, his neighbor.

Charges dismissed, no confinement, no federal conviction, no punitive discharge, no sex offender registration.

The accused maintained his innocence throughout, but the command did not believe him. Attorney Barry conducted an investigation and found that the complaining witness was lying about the sexual assault in an attempt to conceal a relationship with one of her brother’s friends. Once Attorney Barry compelled the Government to look into this information, they no longer wished to pursue charges against the accused.

June 2017: The accused was charged with Absence without leave.

Charges dismissed, no confinement, no federal conviction, no punitive discharge.

Attorney Barry advocated to the accused’s chain of command with the compelling reason for his absence, resulting in all parties agreeing that charges should be dismissed.

April 2019: The accused was charged with desertion

Charges dismissed, no conviction, no confinement, no punitive discharge.

Over ten years prior the accused had left his unit to deal with compelling family issues at home. In 2019 the accused was arrested on a deserter warrant and brought to Fort Campbell to face a Court-Martial. The Command would not provide him with medical treatment, a uniform, and did not pay him. Attorney Barry advocated to the Commanding General after the accused’s Brigade Commander refused to remedy the situation. Despite personal attacks against Attorney Barry by the Staff Judge Advocate, he continued to advocate for the accused contributing to all charges being dismissed.

Enlisted Separation Results

October 2020: The Command initiated separation against the accused for allegedly groping two different Soldiers

Allegation Unsubstantiated; Retained; no loss of benefits

The accused, a SFC with an impeccable record, was accused of groping his Company Commander and another Soldier on two different occasions.  Attorney Barry uncovered eight eye witnesses that CID did not, who all supported the accused. Attorney Barry effectively impeached the credibility of both complaining witnesses, resulting in the allegations being unsubstantiated at the separation board.

September 2020: The Command Initiated Separation against a Staff Sergeant because of a positive drug test for THC

Allegation Unsubstantiated; Retained; no loss of benefits

The accused, a member of the National Guard, had over 18 years in the Military and had served with distinction.  Attorney Barry successfully discredited the drug test in question due to several odd circumstances with the transport of the sample to the lab.  The accused was retained and continued his Military career.

June 2020: The Command Initiated Separation against a Staff Sergeant for sexual misconduct

Accused Allowed to Keep all VA Benefits

The accused had a long military career and developed severe medical conditions.  Despite the serious accusations, Attorney Barry successfully advocated for a characterization of discharge that allowed the accused to retain all VA benefits.

June 2020: The Command initiated separation against a GySgt for abusive sexual contact, assault, and sexual harrassment

Allegations unsubstantiated; retained in the Marine Corps

The accused was a Gunnery Sergeant attending a program at the Citadel to become an officer.  The allegations came from a fellow Marine who accused him of groping her in multiple bars during a night out.  Attorney Barry effectively presented evidence demonstrating that the complaining witness was much more intoxicated than she was admitting to and that there were eye witnesses who all supported the accused.  After an 18 hour separation board, the allegations were unsubstantiated and the accused was allowed to continue his career in the Marine Corps.

June 2019: The Command initiated separation against the accused for alleged fraud

Retained; no loss of benefits

The accused was transgender and separation was only initiated because his chain of command did not approve. Attorney Barry demonstrated how the accused actually did nothing wrong by meticulously researching the facts. When the separation board did not agree, Attorney Barry helped the accused get Congress involved. Ultimately, because of pressure from Congress and Attorney Barry’s advocacy, the Commanding General retained the accused.

April 2019: The command initiated separation against the accused for allegedly driving while intoxicated with a blood alcohol content barely over the legal limit.

Retained, no loss of benefits.

Attorney Barry gathered numerous character statements and influential witnesses, including his current and former chain of command that all recommended that the accused be allowed to continue to serve. Attorney Barry effectively presented this information to the board resulting in retention

March 2019: The command initiated separation against the accused for allegedly driving while intoxicated, and violating the terms of his probation.

Retained, no loss of benefits.

The accused was a decorated combat veteran and had saved countless lives. Attorney Barry engaged multiple senior leaders and arranged for them to testify on the accused’s behalf, resulting in retention.

March 2019: The command initiated separation against a retirement eligible accused for testing positive for cocaine use on two occasions.

Retained, no loss of benefits, allowed to medically retire with full benefits.

The command initiated separation against the accused the despite his well-documented mental health struggles. Attorney Barry found witnesses from throughout his impressive career and had them testify to the separation board. He also aggressively represented the accused at the board demonstrating the command’s mistreatment of him and lack of care for his mental health.

November 2018: The command initiated separation against the accused for testing positive for marijuana use.

Retained, no loss of benefits.

Attorney Barry advocated to the chain of command and demonstrated that the accused innocently ingested marijuana and had no idea he was doing so. Attorney Barry conducted his own research and showed it was possible for Kind Bars to cause a positive drug test.

May 2018: The command initiated separation against the accused for allegedly driving while intoxicated.

Retained, no loss of benefits.

The accused was a decorated war hero with a purple heart for a combat mission in Iraq. Attorney Barry found witnesses and gathered evidence to present to the board demonstrating the accused’s impressive career. He also effectively cross examined the responding police officer, demonstrating his bias.

April 2018: The command initiated separation against the accused for alleged reckless use of a handgun resulting in injury, after he shot two men who attempted to mug him.

Allegation unsubstantiated, retained, no loss of benefits, allowed to medically separate.

The accused had already plead guilty to said offense in state court because he was afraid of being prosecuted for a felony. Attorney Barry researched the background of the three individuals who jumped the accused and found out that they all had serious criminal histories. He effectively prepared the accused to testify at the board and explain what happened.

March 2018: The command initiated separation against a retirement eligible accused for testing positive for a sleeping medication.

Retained, allowed to retire with full benefits.

The accused had mistakenly taken his wife’s sleeping pill and was unaware that he did so. Attorney Barry gathered evidence, including pictures and prescription records, that corroborated his claim. Attorney Barry also convinced the accused’s wife to testify on his behalf, leaving no doubt in the separation board’s mind that he innocently ingested said sleeping pill.

March 2018: The command initiated separation against a retirement eligible accused for allegedly falsifying an evaluation report and making threats against the chain of command.

Retained prior to the separation board, allowed to medically retire with full benefits.

Attorney Barry uncovered that the accused was actually framed and had serious mental health concerns. This information was presented to the prosecution and command. All parties agreed that the accused should be allowed to medically retire in lieu of administrative separation.

September 2017: The command initiated separation against the accused for testing positive for marijuana that he admittedly used during a suicidal episode.

Honorably discharged with full benefits.

Attorney Barry effectively presented the accused’s case to the administrative separation board and the board president made legal errors during the board. Attorney Barry objected to these legal errors and brought it up to the commanding general after the separation hearing. The commanding general agreed with Attorney Barry and the separation was found to be legally invalid.

June 2017: The command initiated separation against the accused for failing two consecutive fitness tests.

Retained prior to the separation board.

After failing two physical fitness tests, the accused was placed on a permanent profile and could pass the modified APFT with no problems. Attorney Barry engaged the chain of command and the prosecutor and presented the accused’s impressive record and ability to continue to add value to the unit.

Officer Separation Results

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

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

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

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.

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

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.

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.

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.

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

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.

Investigation Results

August 2020: The accused was under investigation for her political activities and for violating the COVID-19 stop-move order

The accused was exonerated on all allegations except for one General Article 134 offense; elimination was not initiated and the accused continued her career

The accused was unjustly under investigation because the Command did not agree with her political views. Attorney Barry successfully advocated on her behalf, ultimately convincing the Commanding General that she could not be punished for her political views and that she did not violate the COVID-19 stop-move order.  The accused was allowed to continue her military career.

August 2020: The accused was given a bar to reenlistment for dereliction of duty, violating an order, and disrespect

Bar to reenlistment lifted; accused left the service with a RE Code 1

The accused's command unjustly placed a bar to reenlistment on her.  They did not follow the proper procedures and weren't doing the required reviews.  Attorney Barry was retained and was successful in getting the bar to reenlistment removed.  The command attempted to administer an article 15; however, the accused left the service with an Honorable Discharge and a RE Code 1, allowing re-entry into the Service.

August 2020: The accused was under investigation for failing to report a negligent discharge and other misconduct within his Command

The accused was allowed to continue to serve without a board of inquiry

The accused, a Company Commander, was under investigation for failing to report a negligent discharge and other misconduct within his Command.  Attorney Barry assisting the accused in responding to the investigation, ultimately convincing the Chain of Command and Commanding General to allow the accused to continue to serve.  The accused was allowed to PCS without being forced to face a board of inquiry.

January 2019: The accused, a combat surgeon and senior leader, was under investigation for allegedly having a toxic command climate while forward deployed to an active combat zone.

No punishment, no bad evaluation, no letter of reprimand, unflagged and allowed to continue to serve with no bad paper in her file.

Attorney Barry worked with the accused to provide multiple written responses to the investigating officer and command. He also gathered multiple witness statements demonstrating the bias of the investigation and that multiple people lied in their sworn statements because they had professional disagreements with the accused. Attorney Barry also personally advocated to the accused’s Brigade Commander.

August 2018: The accused, the unit chaplain, was under investigation for allegedly having a sexual relationship with a Soldier’s wife.

The accused was allowed to separate with an Honorable Discharge and full benefits.

Attorney Barry met with the accused multiple times and advised him throughout the duration of the investigation and subsequent separation action. Attorney Barry effectively assessed the situation, out-maneuvering the Command and finding an alternative discharge for the accused before the Command could carry out an unjust action.

June 2018: The accused, a Sergeant Major, was under investigation for alleged sexual harassment.

No punishment, the accused was unflagged and allowed to continue to serve.

Attorney Barry helped the accused respond to the investigating officer, successfully demonstrating that the complaining witness was exaggerating what happened because she was upset that the accused did not recommend her to go on a deployment.

Nonjudicial Punishment Results

October 2020: The accused faced a field grade article 15 for underaged drinking and adultery

Not Guilty of adultery; minimal punishment issued

The accused was initially under investigation for rape.  Attorney Barry advised the accused during the investigation and prepared his response for the second reading of the Article 15.  Ultimately, the accused was cleared of all charges except underaged drinking, which he admitted to from the very beginning.   The accused was allowed to continue his military career.

July 2020: the accused was facing a general officer article 15 for a prohibited relationship, a GO 1 violation, and making a false official statement

Not Guilty of making a false official statement; minimal punishment issued

The accused, an officer, previously admitted to violating GO 1 and to having an inappropriate relationship.  Attorney Barry assisted the accused in advocating for his innocence regarding the false official statement.  Ultimately, the Commanding General agreed and acquitted the accused on this charge.

April 2020: the accused was given an article 15 for alleged assault, drunk and disorderly conduct, and conduct unbecoming

Not Guilty of Assault, only received a reprimand

The accused was an officer alleged to have assaulted a female shuttle driver after a night of drinking.  Attorney Barry effectively advocated to the General imposing the article 15, convincing him that the officer in question was not guilty of assault.  The accused only received a reprimand.

March 2019: The accused was given an Article 15 for allegedly possessing marijuana as he drove onto the installation.

Not Guilty, no punishment.

Attorney Barry advocated to his Battalion Commander and then prepared his subsequent appeal to the Brigade Commander, demonstrating that the accused had no knowledge of the marijuana in his car and therefore was not guilty.

November 2018: The accused was given an Article 15 for allegedly disobeying and threatening his NCOs.

Article 15 thrown out, the accused changed units and duty stations.

Attorney Barry successfully demonstrated that the accused was being bullied by his NCOs and was actually sexually assaulted by one of them. Attorney Barry made the chain of command aware of these facts and convinced them to discard the Article 15 out of fairness to the accused.

September 2018: The accused was given an Article 15 for allegedly possessing marijuana that was found in his car as he drove onto the installation.

Not Guilty, no punishment.

Attorney Barry advocated to the accused’s Brigade Commander by going to the police station and photographing the incredibly small amount of marijuana that was found. Attorney Barry pointed out that it would be impossible for anyone to know that small amount was in the vehicle the accused was driving. He also demonstrated that another individual had admitted to smoking marijuana in the vehicle that the accused was driving.

September 2018: The accused was given an Article 15 for allegedly having an inappropriate relationship with a fellow NCO.

No charges brought, no punishment, no discharge.

Attorney Barry examined all of the evidence against the accused and determined that she was being falsely accused and framed by a disgruntled Soldier. The accused turned down the Article 15 and demanded trial by Court Martial.

August 2018: The accused was given an Article 15 for two failures to report that happened 9 months earlier.

Article 15 thrown out, no punishment.

The accused was found guilty at the original Article 15 proceeding. Attorney Barry prepared an appeal for the Battalion Commander demonstrating that punishing the accused was unjust. The Battalion Commander agreed.

June 2018: The accused was given an Article 15 for allegedly committing a sexual assault.

Not Guilty, no punishment.

Attorney Barry gathered evidence and witnesses on the accused’s behalf and advocated to his Battalion Commander. He also gathered enough evidence to demonstrate that the complaining witness was lying and that the accused and his wife were the only reliable witnesses.

April 2018: The accused was given an Article 15 for alleged mistreatment of his subordinates.

Article 15 filed in the accused’s restricted file, accused allowed to continue to serve.

Attorney Barry advised the accused throughout the 15-6 investigation and subsequent Article 15. Attorney Barry gathered evidence and prepared a response for the accused. He also met with the accused’s Battalion Commander and advocated on his behalf prior to the Article 15.

Pre-Trial Confinement Hearing Results

May 2020: The Accused was ordered into Pre-Trial Confinement by his Commander

Pre-Trial Confinement Terminated

Attorney Barry effectively gathered evidence and argued to the Military Magistrate.  The Soldier was immediately released from Pre-Trial Confinement and did not return to prison.

January 2018: The Accused was ordered into Pre-Trial Confinement by his Commander

Pre-Trial Confinement Terminated

The Accused had been in Pre-Trial Confinement for months. The Command was neglecting him, and Attorney Barry effectively advocated to the prison and Command to release him from Pre-Trial Confinement. The Accused did not return to prison.

November 2017: The Accused was ordered into Pre-Trial Confinement by his Commander

Pre-Trial Confinement Terminated

Attorney Barry effectively advocated to the Military Magistrate that Pre-Trial Confinement was not necessary and that the Accused was willing to comply with all orders given by his chain of command.  As such, his Pre-Trial confinement was terminated.

July 2017: After his conviction was overturned, the Accused's Commander ordered him back into Pre-Trial Confinement

Pre-Trial Confinement Terminated

The Accused had been serving time at Fort Leavenworth after being convicted years earlier.  His conviction was overturned; however, instead of releasing him, the Command ordered him into Pre-Trial Confinement.  Attorney Barry effectively advocated for the Accused, resulting in the Pre-Trial Confinement being terminated.

Letter of Reprimand Results

March 2016: The accused was given a general officer letter of reprimand for being a passenger in a car when the driver was arrested for driving while intoxicated.

Reprimand locally filed and the accused continued to serve with nothing in his permanent file.

Attorney Barry advocated for the accused, demonstrating that he did exactly what he was supposed to do and had no idea that his designated driver was intoxicated.

March 2016: The accused was given a general officer letter of reprimand for allegedly driving while intoxicated.

Reprimand locally filed and the accused continued to serve with nothing in his permanent file.

Attorney Barry advocated for the accused, demonstrating that PVT was intoxicated; however, he actually slept in his car that night to avoid driving while intoxicated and that he never put his keys in the ignition.

Veterans Claims

February 2020: Veteran was denied benefits for over 10 years of service, including mulitple combat deployments

Department of Veterans Affairs Reversed their Decision

Attorney Barry conducted a detailed and thorough analysis of the Veteran's prior periods of service, wrote a memo to the VA, and spoke to them multiple times.  The VA admitted that they had made a mistake and reversed their decision.  The Veteran became immediately eligible for benefits for his periods of Honorable Service.

Administrative Reduction Board Results

July 2017: The accused was given an administrative reduction board in an attempt to reduce him from an E5 to an E4.

No reduction in rank.

The command unjustly blamed the accused, a supply sergeant, for some property that turned up missing. Attorney Barry represented the accused at the admin reduction board and used his superior knowledge of the command supply discipline program to demonstrate that the accused had done nothing wrong.