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

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:  Board Recommended Retention and Commissioning

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.

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.