Cadet Misconduct Case Results

Our Case Results

Below are summaries of cases that Attorneys Barry and Willard 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!

Cadet Misconduct Case Results

February 2024: The accused faced an ROTC Disenrollment Board for Driving while Intoxicated

Result:  Retained in ROTC

The accused, an ROTC Cadet, faced disenrollment for driving while intoxicated. Attorney Barry prepared the accused's case and created a Board plan for him.  Attorney Barry also attended the Board, assisting the accused with the numerous questions that the Board was asking about complex legal matters.  Ultimately the Board recommended that the accused be retained in ROTC.

November 2023: The accused faced a formal misconduct hearing at West Point

Result:  Allegation Unfounded; Cadet Commissioned 

The accused, a West Point Cadet, faced a formal misconduct hearing based on allegations of domestic violence.  Prior to the hearing, Attorney Barry collected and prepared text messages that demonstrated that the alleged victim was lying about being sexually assaulted and assaulted. Additionally, Attorney Barry identified and prepared two witnesses that refuted the alleged victim's claims that the accused was highly intoxicated during the alleged assault. At the hearing, Attorney Barry effectively cross examined both the CID agent and alleged victim, getting them both to admit that the text messages from the alleged victim were inconsistent with someone who was sexually and physically abused. The allegation was unsubstantiated after a very short deliberation by the Board.  The accused commissioned as a 2LT.

October 2023: The accused faced a West Point Honor Board

Result:  Allegation Unfounded

The accused, a West Point Cadet, faced an Honor Board for an alleged violation of the Honor Code (not citing assistance received during a coding assignment). Attorney Barry prepared the accused's Defense, demonstrating that the accused really didn't receive any assistance that required documentation.  Ultimately, the HIH agreed with the accused and the allegation was unsubstantiated.

October 2023: The accused faced a West Point Honor Board

Result:  Allegation Unfounded

The accused, a West Point Cadet, faced an Honor Board for an alleged violation of the Honor Code (alleged use of Chat GPT to complete an assignment).  Attorney Barry prepared the accused's Defense at the Honor Investigative Hearing (HIH), demonstrating the speculative nature of the allegation.  The HIH unsubstantiated the allegation and the accused faced no punishment.

October 2023: The accused faced a West Point Honor Board

Result:  One-Year Turn Back

The accused, a West Point Cadet, faced an Honor Board for an alleged violation of the Honor Code.  Under the advice of Attorney Barry, the accused admitted to the allegation and prepared his case for the Cadet Advisory Board.  Despite lying multiple times and convincing another Cadet to lie for him, the accused was allowed to stay at West Point with only a one-year turn back.

October 2023: The accused faced separation from West Point

Result: Separation without Recoupment

The accused, a West Point Cadet, faced separation from West Point due driving while intoxicated, possessing a fake ID, drinking underage, and obstruction of justice.  Attorney Barry represented the accused from the issuance of a GOMOR through his misconduct board.  Despite the seriousness of the offenses and the seniority of the Cadet (Firstie), the accused was allowed to serve in an enlistment status in lieu of paying back the costs of his education to the Federal Government, which is currently valued at over $300,000.

August 2023: The accused faced separation from West Point

Result:  Retained

The accused, a West Point Cadet, faced separation from West Point due to medical treatment that she received.  The accused was placed on a leave of absence and not provided enough information on how to return. Attorney Barry initially assisted her with a Congressional Complaint, which resulted in West Point finally providing her guidance. Once she returned to West Point, she was told she was facing a medical separation.  Attorney Barry drafted her rebuttal, demonstrating she was never diagnosed with any condition that would prevent her commissioning. Despite resistance from the Medical Staff at West Point, the accused's separation was disapproved and she will be allowed to commission.

June 2023: The accused faced an ROTC Disenrollment Board

Result:  Board overturned for legal error

The accused, an ROTC Scholarship Cadet, faced disenrollment based on a positive drug test for THC. Attorney Barry prepared the accused for his Board and was present during it.  Unfortunately, despite the amount of evidence collected by Attorney Barry demonstrating that the accused unknowingly ingested THC, the Board recommended that the accused by disenrolled.  Attorney Barry drafted an appeal of the Board findings, demonstrating that the improper standard was applied.  The Board was overturned for legal error.

May 2023: The accused faced a West Point Honor Board

Result:  Allegation unsubstantiated

The accused, a West Point Cadet, faced an Honor Board for an alleged violation of the Honor Code relating to a forgotten citation. Attorney Barry prepared the accused on a short timeline, collecting additional evidence and witnesses that the honor investigation failed to uncover.  Attorney Barry drafted the accused's trial plan and was on-call for him on the day of the board. Ultimately, despite the aggressive posture taken against him, the allegation was unsubstantiated by an Honor Investigative Hearing (HIH).

March 2023: The accused faced disenrollment for sexual assaullt

Result:  Allegation unsubstantiated; Retained as a Scholarship Cadet

The accused, an ROTC Cadet, faced disenrollment for an alleged sexual assault. Attorney Barry collected additional evidence, demonstrating that the alleged victim had a pattern of saying racist comments and that his report of sexual assault was likely motivated by his racial animus.  Attorney Barry also demonstrated that no party involved in the incident, except for the accused, was participating in the Disenrollment Board. Ultimately the Board agreed with the accused and unsubstantiated the allegation, despite its serious nature.

March 2023: The accused faced disenrollment for shoplifting

Result:  Retained as a Scholarship Cadet

The accused, an ROTC Cadet, faced disenrollment for a shoplifting incident that occurred at the end of advanced camp. Attorney Barry created the accused's trial plan and collected additional evidence and witnesses on his behalf.  Ultimately, due to the testimony of his three peers that were present during the incident and the accused's stellar record, he was retained as a Scholarship Cadet by an ROTC Disenrollment Board.

May 2023: The accused was under investigation for sexual assault

Result:  Allegations unsubstantiated

The accused, an ROTC Cadet, was under investigation for sexual assault. Attorney Barry got the investigating officer's questions via email and assisted the Cadet in responding and providing supporting evidence.  Based on the answers provided to the investigating officer, as well as the additional evidence provided by the accused, the allegations were unsubstantiated and the accused continued in the ROTC program.

March 2023: The accused faced disenrollment for Sexual Harassment

Result:  Disenrollment Board Recommended that the Accused not pay back $90,000 and that he continue his Army service; Board Overturned on Appeal

The accused, an ROTC Cadet, faced disenrollment for Sexual Harassment during Advanced Camp. Attorney Barry represented the accused at his ROTC Disenrollment Board. Attorney Barry prepared the accused's Defense, resulting in a Board Recommendation that the Accused not pay back $90,000 in tuition money paid and that he be allowed to continue service in the Army as a Soldier.  Attorney Barry also successfully pointed out legal errors at the proceeding to the appellate authority, resulting in the recommendation for disenrollment being overturned.

March 2023: The accused faced an Article 10 Board at West Point for Domestic Violence and Fraternization

Result:  60 Disciplinary Hours, 30 Suspended; 30 Days withdrawn privileges; No Separation

The accused, a West Point Cadet, faced a Brigade Article 10 Board for alleged Domestic Violence and Fraternization. Attorney Barry drafted the accused's matters for the second reading, highlighting the accused's repeated efforts to break off the relationship and the overwhelming proof that he was actually the victim of domestic violence. Ultimately, the accused received relatively minor punishment and was allowed to stay at the Academy.

December 2022: The accused was under investigation for online misconduct

Result:  Allegation unsubstantiated

The accused, an ROTC Cadet, was under investigation for online misconduct.  Attorney Barry advised the accused for the duration of the investigation, assisting her with her responses to the investigating officer. Ultimately, the online misconduct allegation was unsubstantiated and the accused did not face ROTC Disenrollment.

December 2022: The accused was under investigation for inappropriate conduct with a fellow Cadet

Result:  Allegation unsubstantiated

The accused, a West Point Cadet, was under investigation for inappropriate conduct with a fellow Cadet. Essentially, he was accused of harassing his ex-girlfriend. Attorney Barry advised the accused during his investigation, ultimately resulting in the allegations being unsubstantiated.

November 2022: The accused faced a West Point Honor Board

Result:  Allegations unsubstantiated

The accused, a West Point Cadet, faced an Honor Board for two alleged violations of the Honor Code. Attorney Barry investigated the case, created a trial plan, and was present during the Honor Board, advising the accused throughout.  The allegations were unsubstantiated.

September 2022: The accused faced disenrollment for two alcohol related incidents

Result:  Board and PMS Recommendation Overturned

The accused, an ROTC Cadet, was facing disenrollment for two alcohol related incidents. At the ROTC Disenrollment Board, the Investigating Officer made several legal errors.  Despite the Investigating Officer and PMS recommending that the accused be disenrolled, Attorney Barry was successful in getting the Board overturned based on legal errors.

August 2022: The accused faced disenrollment from the ROTC program for attempted bribery

Result:  Retained and Commissioned

The accused, an ROTC Cadet, was facing disenrollment for attempted bribery.  Attorney Barry prepared the accused for her proceeding by gathering additional evidence and preparing witness questions, argument, etc.  Attorney Barry was also present at the hearing to advise the accused. Ultimately, the Disenrollment Board recommended that the accused remain in the ROTC program and be commissioned. Despite this recommendation, the accused's PMS recommended that she be separated. Attorney Barry drafted the accused's appeal to the CG of Cadet Command, ultimately resulting in the accused being retained in ROTC and commissioned.

June 2022: The accused faced disenrollment from the ROTC program following an allegation of illegal drug use.

Result:  The Cadet Command Commanding General (CG) initially disenrolled the accused from the ROTC program. The accused appealed the CG’s decision, and the accused was ultimately reinstated and allowed to receive his appointment as a commissioned officer.

The accused, a cadet in the ROTC program, was disenrolled from the ROTC program by the Cadet Command CG following a positive urinalysis result for THC. Attorney Willard advised and assisted the accused throughout the appeal process, and Attorney Willard effectively gathered additional evidence and witness statements to support the accused with his appeal.  Attorney Willard also worked with the accused to submit a thorough and well-researched appeal regarding the accused’s disenrollment, and the Cadet Command CG ultimately reversed his own decision and reinstated the accused in the ROTC program.  Attorney Willard’s assistance and representation helped ensure the accused did not have to repay the cost his education, and the accused was permitted to receive his appointment as a commissioned officer in the United States Army.

June 2022: The accused faced disenrollment from his ROTC program

Result:  Separation without a Call to Active Duty

The accused, an ROTC Cadet, faced disenrollment for multiple failures to report.  Attorney Barry effectively advocated for the accused's goal, which was to not be called to active duty.

May 2022: The accused faced a Standard Misconduct Hearing for alleged adulteration of a Urine Sample

Result: Allegation Unsubstantiated

The accused, a Cadet at West Point, faced a Standard Misconduct Hearing for allegedly tampering with a urine sample.  Attorney Barry assisted the accused in gathering evidence/witnesses, created a trial plan, and prepared the accused to represent herself (required for Standard Misconduct Hearings).  Ultimately, the investigating officer unsubstantiated the allegations and recommended that the UPL in charge of the drug test in question be reprimanded.

March 2022: The accused faced an Honor Board

Result: Allegation Unsubstantiated

The accused, a Cadet at West Point, faced an honor investigation and then an honor board for leaving out a citation on a PL100 assignment.  Attorney Barry represented the accused throughout the entire process, which included preparing her to represent herself at the Honor Board.  After a contested proceeding, the allegation was unsubstantiated and the accused was allowed to continue at West Point.

February 2022: The accused faced an Honor Board

Result: Allegation Unsubstantiated

The accused, a Cadet at West Point, faced an honor investigation and then an honor board for leaving out a citation on an Engineering Assignment.  Attorney Barry represented the accused throughout the entire process, which included preparing himself to represent him at the Honor Board.  After a contested proceeding, the allegation was unsubstantiated and the accused was allowed to continue to serve and graduate.

January 2022: The accused faced ROTC disenrollment for accusations of sexual assault, abusive sexual contact, and dating violence

Result: Allegations unsubstantiated by Board; Disenrollment not Recommended

The accused's PMS initiated ROTC disenrollment for allegations of sexual assault, abusive sexual contact, and dating violence.  Attorney Barry prepared the Cadet for his hearing, gathered evidence, and attended the proceeding.  Ultimately, the allegations made by four different women were unsubstantiated by the Board. The Board recommended that the accused be commissioned.  The accused ultimately did not want to commission, due to personal desire to enlist and subsequently graduating from College. Likely due in part to the accused's wishes, he was disenrolled. Ultimately, the accused was allowed to enlist in another Service, likely due to the Board unsubstantiating the allegations.

August 2021: The accused faced an informal misconduct hearing

Result: Allegations unsubstantiated; Cadet Retained

The accused, a Cadet at West Point, was forced to face an informal misconduct hearing for sexual misconduct, sexual harassment, and an Article 92 violation.  Attorney Barry prepared the accused for his hearing, including drafting questions, talking to witnesses, gathering evidence, and preparing argument.  Three of the four allegations were unsubstantiated. The remaining allegation, an Article 92 violation, only resulted in a verbal admonishment.  The accused graduated soon after, with his class.

May 2021: The accused faced a formal misconduct hearing for alleged rape, conduct unbecoming, and underage drinking

Result: Rape allegation unsubstantiated; Board recommended Retention

The accused, a Cadet at West Point, was forced to face a misconduct board for alleged rape, conduct unbecoming, and underage drinking.  Attorney Barry spoke to witnesses that CID could/would not and gathered evidence that CID failed to, ultimately convincing the board that the alleged victim was not raped. The rape charge was unsubstantiated and the board recommended that the accused remain at West Point. Unfortunately, the Under Secretary of the Army separated the Cadet from West Point, but without forcing him to pay back any federal funds (recoupment).

May 2021: The accused was under investigation for fostering a toxic climate and making racist/sexist comments

Result: Minimal punishment issued; Graduated with Class

The accused, a Cadet at West Point, was under investigation for fostering a toxic command climate and making racist/sexist comments.  Attorney Barry assisted the accused in his response to his ultimate regimental level Article 10 Board.  He was issued minimal punishment, allowing him to graduate on time and Commission with the rest of his class.

April 2021: The accused faced an informal misconduct hearing for failing to treat women with dignity and respect

Result: Allegations unsubstantiated

The accused, a Cadet at West Point, was forced to face an informal misconduct hearing for an alleged pattern of failing to treat women with dignity and respect and for a lack of personal discipline and military bearing.  Attorney Barry assisted the accused before and during the proceeding, ultimately resulting in all allegations being unsubstantiated.

April 2021: The accused faced an Honor Accusation

Result: Allegation unsubstantiated

The accused, a Cadet at West Point, was accused of an Honor Violation.  Attorney Barry got involved early, assisting him with his response during the initial investigation.  The accused was cleared after his initial interview and he was allowed to graduate on time.

April 2021: The accused was forced to face an Informal Misconduct Hearing

Result: Cadet allowed to Graduate after a one-year turn back

The accused, a Cadet at West Point, faced an informal misconduct hearing for his performance as a Respect Officer and a pattern of poor performance.  Attorney Barry prepared the accused for his hearing and assisted him in gathering support and evidence. Ultimately, the Cadet was allowed to Graduate.