Enlisted Separation 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!

Enlisted Separation Case Results

September 2022: The accused faced possible separation through the Army QMP process

Result: Retained 

The accused, a SFC, faced separation through the Army’s QMP process due to a permanently filed GOMOR. The misconduct related to an accusation of having an inappropriate relationship with a student-Soldier and for allegedly making disparaging remarks about fellow cadre members.  Attorney Willard assisted the accused with his QMP rebuttal, highlighting the mitigating circumstances involved with the accusations against the accused, as well as the accused’s otherwise honorable military career and support from his chain of command.  The accused was retained and allowed to continue his service.

September 2022: The accused faced possible separation through the Army QMP process

Result: Retained 

The accused, a SSG, faced separation through the Army’s QMP process due to a permanently filed Article 15. The misconduct related to an accusation of violating of a lawful general order for entering an establishment that primarily served alcohol during the COVID-19 pandemic.  Attorney Willard assisted the accused with his QMP response, gathered supporting documents, and highlighted the accused’s lengthy military career, as well as the extenuating and mitigating circumstances involved in the accused’s case.  Attorney Willard also worked with the accused to collect nearly two dozen letters in support of the accused’s retention, and the accused was retained.

September 2022: The accused faced possible separation through the Army QMP process

Result: Retained 

The accused, a SSG, faced separation through the Army’s QMP process due to a permanently filed GOMOR. The misconduct related to an accusation of having an inappropriate relationship with a Commissioned Officer, an allegation the accused had always denied.  Attorney Willard assisted the accused with his QMP response, gathered supporting documentation, and helped highlight the actual facts and circumstances of the allegation, as well as the accused’s lengthy military career.  Attorney Willard also worked with the accused to collect numerous letters of support from the accused’s command, including his senior leadership.  The accused was retained and allowed to continue his service.

September 2022: The accused faced possible separation through the Army QMP process

Result: Retained 

The accused, a SFC, faced separation through the Army’s QMP process due to a permanently filed Article 15 relating to alleged sexual harassment and an inappropriate relationship.  Attorney Barry assisted the accused with his rebuttal, highlighting the mitigating nature of his conduct, his pure intentions, his otherwise impressive career, and support from his chain of command. He was retained.

September 2022: The accused faced possible separation through the Army QMP process

Result: Retained 

The accused, a SFC, faced separation through the Army’s QMP process due to a permanently filed Article 15 and Referred NCOER, both relating to violations of the Army's Equal Opportunity Program.  Attorney Barry assisted the accused with his QMP response, focusing on the mitigating nature of the EO violations, his commendable conduct afterwards, and support from his current chain of command. He was retained.

September 2022: The accused faced possible separation through the Army QMP process

Result: Retained 

The accused, a SSG, faced separation through the Army’s QMP process due to a permanently filed GOMOR relating to a DUI arrest.  Attorney Barry assisted the accused in submitting her response to the QMP Board, focusing on the mitigating nature of the DUI, her efforts to seek treatment, and proof of her sobriety.  She was retained.

September 2022: The accused faced separation for driving while intoxicated

Result: Retained as long as the Accused Commits no Misconduct for 12 months

The accused's Command initiated separation against the accused after a DUI arrest.  Attorney Barry assisted the accused with his rebuttal, highlighting his sobriety and efforts in the Veteran's Treatment Court. Furthermore, Attorney Barry informed the Command that they could suspend his separation for 12 months, something they ultimately did.  As long as the accused commits no further misconduct, he will be retained.

June 2022: The accused faced separation for abusive sexual conduct, recruiter misconduct, driving while intoxicated, driving on a suspended license, and not self-reporting his misconduct

Result: All allegations except the DUI unsubstantiated; Retained

The accused, a SFC recruiter with over 19 years of service, faced separation for abusive sexual conduct, recruiter misconduct, driving while intoxicated, driving on a suspended license, and not self-reporting his misconduct.  Attorney Barry took on the accused's case and prepared for his separation board in less than a month.  Attorney Barry uncovered new evidence and effectively discredited the Government's case.  Despite the overly aggressive behavior of the prosecutor, the separation board ultimately agreed with Attorney Barry and unsubstantiated all allegations except for the DUI.  The accused was retained and allowed to retire.

 

May 2022: The accused’s command initiated separation because of an Article 15 based on allegations of abusive sexual contact

Result: Abusive Sexual Contact Allegations Unsubstantiated; Retained

The accused, a Sergeant with nearly 11 years of service, faced potential separation because of an Article 15 and allegations of abusive sexual contact. Attorney Willard successfully obtained favorable legal rulings in advance of the board and thoroughly prepared with the accused and witnesses prior to the board. During the board, Attorney Willard effectively advocated before the board members, highlighting the discrepancies in the alleged victim’s testimony and presenting strong witness testimony in support of the accused’s defense.  The abusive sexual contact allegations were unsubstantiated, and the accused was retained and allowed to continue his military service.

 

May 2022: The accused's Command initiated separation for a DUI

Result: Honorable Discharge

The accused, an Army SSG, faced separation because of a DUI.  The accused also had other alcohol related and domestic violence events pending in Civilian Court. Attorney Barry successfully kept those pending events out of the Separation Board and successfully convinced the Board to issue the accused an Honorable Discharge.

April 2022: The accused’s commander initiated separation based on allegations that the accused engaged in a prohibited relationship and prohibited activities with a recruit/applicant with the Navy

Result: Allegation unsubstantiated; Retained

Attorney Willard successfully investigated the case and thoroughly interviewed the witnesses involved in the command investigation in advance of the board. During the separation board, Attorney Willard presented compelling evidence and witness testimony to unsubstantiate the serious allegations against the accused.  Ultimately, the board members voted to retain the accused and allowed him to continue his military service.

 

March 2022: The accused faced possible separation through the Army QMP process

Result: Retained 

The accused, a SSG, faced separation through the Army’s QMP process due to a permanently filed Article 15. The misconduct related to an accusation of violating of a lawful general order for allegedly making disparaging remarks about a Soldier’s religion.  Attorney Willard assisted the accused with his QMP response, gathered supporting documents, and helped highlight the accused’s lengthy military career as well as the extenuating and mitigating circumstances in the accused’s case.  Attorney Willard also worked with the accused to collect numerous letters of support from senior leaders, including the command team who issued the Article 15 in the accused’s case.  The accused was retained and allowed to continue his service.

March 2022: The accused was being considered for separation through the Army QMP Board

Result: Retained and Medically Retired

The accused, a SSG, was being considered for separation through the Army QMP process. Attorney Barry assisted the accused with drafting her rebuttal, collecting letters, and providing mitigation/extenuation.  The accused was not only retained at the QMP Board, but also was medically retired at a higher rank.

March 2022: The accused was being considered for separation through the Army QMP Board

Result: Retained

The accused, a SSG, was being considered for separation through the Army QMP process. Attorney Barry assisted the accused with drafting his rebuttal, collecting letters, providing mitigation/extenuation, and explaining a legal error in the underlying Article 15.  The accused was retained and allowed to continue his Army career.

February 2022: The accused's command initiated separation because of allege aggravated assault and communicating a threat

Result: Retained

The accused, a Specialist with 3 years of service, faced potential separation because of allegations of aggravated assault and communicating a threat against a female.  Attorney Willard successfully obtained an extension in the accused's case in advance of the board to allow resolution of the accused's case in civilian court.  Attorney Willard then effectively advocated for the accused's retention at his separation board, highlighting the significant extenuating and mitigating circumstances surrounding the allegations against the accused, as well as the support the accused had from his first line supervisors.  Ultimately, the board members voted to retain the accused and allow him to continue his military service.

February 2022: the accused faced elimination for drug abuse

Result: Retained

The accused faced elimination because of his admitted cocaine use.  Attorney Barry advocated for the accused to have his separation be suspended, due to his conduct after his admitted drug use.  Ultimately, the separation authority agreed, putting the accused on probation for a 12-month time period.  The accused will be retained if he commits no further misconduct.

January 2022: the accused faced elimination through the Army QMP Process

Result: Retained

The accused faced elimination through the Army QMP Process because of an article 15. The misconduct in question related to accusations of extramarital sexual conduct (adultery) and violation of a lawful general order.  Attorney Willard assisted the accused with his QMP response, highlighting the accused's lengthy military career as well as the extenuating and mitigating circumstances in the accused's case.  Attorney Willard also worked with the accused to collect numerous letters of support from other senior leaders, including the command team who issued the accused the Article 15.  The accused was retained and allowed to continue his active duty service.

January 2022: the accused faced elimination through the Army QMP Process

Result: Retained

The accused faced elimination through the Army QMP Process because of a GOMOR. The misconduct in question was being drunk on duty.  Attorney Barry assisted the accused in his QMP rebuttal, highlighting the mitigating and extenuating circumstances to the misconduct itself. Attorney Barry also assisted the accused in collecting letters of support.  Ultimately, the accused was retained.

January 2022: the accused's command initiated separation for failure to follow direct orders from the chain of command

Result: Retained

The accused's command initiated separation for failure to follow direct orders from the chain of command.  Essentially, the Command was alleging that the accused would not provide information that they had requested.  Attorney Barry drafted a rebuttal to the initiation of separation, proving that the accused had, in fact, followed the lawful orders of the chain of command.  The separation action was terminated and the accused was retained.  He completed his processing through IDES.

January 2022: the accused faced elimination through the Army QMP Process

Result: Retained

The accused faced elimination through the Army QMP Process because of an Article 15 in his AMHRR for multiple violations of Article 92.  The misconduct in question was the unauthorized habitation of a barracks room and failure to obey a lawful order to leave the barracks.  Attorney Barry assisted the accused in gathering numerous letters of support and written matters for the board, explaining mitigating circumstances surrounding the misconduct in question.  Ultimately, the accused was retained.

January 2022: the accused faced elimination through the Army QMP Process

Result: Retained to complete Medical Evaluation Board

The accused faced elimination through the Army QMP Process because of a letter of reprimand in his AMHRR for sexual harassment.  Attorney Barry advocated for the accused to PCS and start the IDES process, due to the severity of his medical conditions. The accused was assigned to a warrior transition unit and will be allowed to medically retire upon the completion of the IDES process.

January 2022: The accused faced elimination through the Army QMP Process

Result: Retained

The accused faced elimination through the Army QMP process for an Article 15 in his AMHRR.  The Article 15 was for multiple violations of the Army EO Policy.  Attorney Barry assisted the accused in gathering letters of support and drafted lengthy matters discussing not only the misconduct at hand, but his career and conduct since the incidents in question.  Ultimately the accused was retained.

October 2021: The Command initiated separation against the accused for his conduct as a Police Officer

Result: Retained

The accused, a senior Reserve E7, was facing separation after being convicted in federal court for his conduct as a police officer.  Despite the conviction, Attorney Barry effectively presented a strong mitigation and extenuation case at the Board, including testimony from his current and former chain of command who supported retention.  After a contentious hearing, during which the Board President had to apologize for his inappropriate behavior directed at the accused, Attorney Barry ultimately convinced the Board to retain.

September 2021: The Command initiated separation against the accused for abusive sexual contact and for inappropriate text messages

Result: One of two allegations unsubstantiated; Retained and allowed to Retire

The accused, a Marine recruiter with almost 19 years of service, was facing separation after a Poolee accused him of touching her buttocks and sending her inappropriate text messages.  Attorney Barry presented numerous witnesses that discredited the Poolee's claims.  Attorney Barry also effectively pointed out the massive flaws in the NCIS investigation.  Ultimately, the separation board found that the accused did not touch the Poolee's buttocks and he was retained in the Marine Corps so that he could retire.

June 2021: The Command initiated separation against the accused for an alleged inappropriate relationship with a junior enlisted Soldier

Result: Allegation Unsubstantiated; Retained; no loss of retirement or benefits

The accused, a MSG who had served for over 18 years, was accused of having an inappropriate relationship with a junior enlisted Soldier.  Attorney Barry effectively attacked the Prosecution's case, demonstrating the Soldier's motives to fabricate, as well as how easy it is to spoof text messages.  Despite already having received a GOMOR for the same misconduct, the Separation Board unsubstantiated all of the allegations and the accused was retained in the Army.

April 2021: The Command initiated separation against the accused for multiple assaults and having an inappropriate relationship with a subordinate

Result: Physical allegations unsubstantiated; Honorable Discharge; Medically Retired

The accused, a 15-year SFC who had multiple combat deployments, was accused of multiple assaults and having an inappropriate relationship with a subordinate.  Attorney Barry effectively built a case with several eye witnesses and pieces of evidence, which ultimately convinced the board to unsubstantiate the physical allegations.  The board recommended an Honorable Discharge for the other, admitted, misconduct.  The accused was ultimately medically retired.

March 2021: The accused's Command attempted to take an accused's VA Benefits away for recruiter misconduct

Result: Separated with VA Benefits

The accused's Commander took an aggressive posture against him while investigating him for recruiter misconduct.  Attorney Barry advised the accused from the onset of the investigation, ultimately guiding him to separation without losing VA Benefits.

March 2021: HRC considered separating the accused through the Army QMP

Result: Retained

The accused, a senior SFC, was notified that she was being considered for separation because of a GOMOR that was filed in her OMPF.  Attorney Barry assisted her with her response, gathered statements that contradicted the GOMOR, and wrote a legal rebuttal.  Ultimately, HRC agreed with Attorney Barry, and retained her so she could continue with her otherwise stellar career.

November 2020: The Command attempted to separate the accused based on a medical diagnosis

Result: Retained

The Command attempted to separate the accused, a SSG in the National Guard with over 20 years of service, based on a medical diagnosis. Attorney Barry assisted the accused with his response to the Command, ultimately convincing them to retain him in the Army.  The accused was allowed to continue to serve.

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

Result: 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 based on allegations that the accused was dismissed from SLC and performed unsatisfactorily

Result: Unsatisfactory performance unsubstantiated; Retained

The command initiated separation against the accused for dismissal from Senior Leaders Course (SLC) for academic issues and for unsatisfactory performance. Attorney Willard investigated the allegations and advocated successfully that the allegations neither constituted misconduct nor warranted the accused’s separation.  After presenting a strong case before the board, the members unsubstantiated the unsatisfactory performance allegation and voted to retain the accused on active duty in the United States Army.

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

Result: 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

Result: 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 based on allegations that the accused missed curfew on deployment and engaged in extramarital misconduct

Result: Extramarital sexual conduct allegation unsubstantiated; Retained

The command initiated separation against the accused for allegations of missing curfew while on deployment and for engaging in extramarital misconduct with another Soldier’s spouse. Attorney Willard thoroughly investigated the allegations and advocated successfully for the board to unsubstantiate the extramarital misconduct allegation.  After numerous senior military leaders from the Special Forces community testified on the accused’s behalf, Attorney Willard argued for the accused to be retained, which the board members followed and voted for the accused to be retained in the United States Army.

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

Result: 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.

December 2019: The command initiated separation against the accused based on allegations of domestic violence and driving under the influence

Result: Retained

The command initiated separation against the accused for alleged domestic violence and driving a motor vehicle under the influence of alcohol. Attorney Willard effectively investigated the allegations against the accused, which led the board to unsubstantiated the domestic violence accusation.  While the board substantiated the DUI charge, the board still voted to retain the accused on active duty based on the strong mitigation and extenuation evidence Attorney Willard presented on the accused’s behalf at the board.

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

Result: 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.

June 2019: The command initiated separation based on allegations that the accused was drunk on duty and that he failed ASAP

Result: Retained

The command initiated separation against the accused for being drunk on duty and for failing to complete the Army’s Substance and Abuse Program. Attorney Willard zealously investigated the case and advocated successfully for the accused at the board, which resulted in the board members voting to retain the accused on active duty in the United States Army.

May 2019: The Command initiated separation based on the accused's civilian conviction for conspiracy to sell military property

Result: Retained and Retired with full Benefits

The command initiated separation against the accused, a combat veteran with 22 years’ service and the recipient of a Silver Star, based on his civilian conviction for conspiracy to sell military property.  Attorney Willard effectively prepared the best possible case in mitigation for the accused at the board, which included testimony from two active duty general officers and medical personnel regarding the accused’s combat injuries, and the board unanimously voted to retain the accused on active duty despite the serious offense he was convicted of in civilian court.  The accused was allowed to retire with full medical benefits and pension

April 2019: The Command initiated separation based on several allegations that the accused wrongfully used illegal substances

Result: Separation with a General Discharge

The command initiated separation against the accused based on multiple allegations of wrongful use of an illegal substance and sought to have the accused separated with an Other than Honorable discharge. Attorney Willard successfully advocated to the board members and presented a strong mitigation case on the accused’s behalf.  The board ultimately followed Attorney Willard’s request based on accused’s wishes, and the board recommended to separate the accused with a General (under Honorable conditions) discharge.

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

Result: 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.

Result: 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.

Result: 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.

February 2019: The Command initiated separation based on an allegation that the accused was arrested for driving a vehicle under the influence of alcohol

Result: Retained

The command initiated elimination against the accused after his arrest for driving a motor vehicle under the influence of alcohol. Attorney Willard effectively investigated the allegation and zealously advocated the accused’s case at the board.  Although the board members initially recommended separation with an Honorable discharge, Attorney Willard successfully advocated to the accused’s brigade commander to disapprove the recommended separation, which resulted in the accused’s retention on active duty for him to later ETS from the Army with an Honorable discharge.

February 2019: The Command initiated separation based on an allegation that the accused wrongfully used an illegal drug

Result: Allegation unsubstantiated; Retained

The command initiated separation against the accused after a urinalysis revealed he testified positive for use of illegal drugs. Attorney Willard investigated the case fully and presented multiple alibi witnesses to corroborate the accused’s claim of innocent ingestion.  Following presentation of evidence and argument before the board, the members unsubstantiated the drug use allegation against the accused and allowed him to continue service in the United States Army.

January 2019: The Command initiated separation based on an allegation that the accused wrongfully used an illegal substance

Result: Allegation unsubstantiated; Retained

The command initiated separation against the accused after he was found not guilty of wrongful use of an illegal substance at an Article 15 proceeding. Attorney Willard successfully investigated the allegation, and after the accused’s testimony and the testimony of multiple character witnesses who included a senior O6 commander, the board unsubstantiated the allegation and unanimously voted to retain the accused in the United States Army.

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

Result: 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.

October 2018: The Command initiated separation based on allegations of theft from the Government and wrongful use of an illegal substance

Result: Honorable Discharge with Full Benefits

The accused, an NCO with over 10 years of service and multiple deployments, had the integrity to accept responsibility for his wrongful use of an illegal substance and for accepting over $4000 in wrongful BAH payments. After the accused and witnesses testified, the evidence demonstrated the accused had already repaid his debt to the Government and was deserving of at least an Honorable characterization of service if he were to be separated.  The board agreed and voted to separate the accused with an Honorable discharge, thereby allowing him to retain all of his benefits.

October 2018: The Command initiated separation against the accused for an inappropriate relationship with a Junior Enlisted female Soldier

Result: Retained

The command initiated separation against the accused after it was alleged that the senior NCO was perceived to have engaged in an inappropriate relationship with a female Junior Enlisted Soldier. The accused was a victim advocate in the female Soldier’s unit, and it was established through the female Soldier’s testimony and the testimony of the unit SARC that any perceived inappropriate relationship between the accused and the female Soldier had to do with the accused receiving the female Soldier’s assault allegations as her victim advocate.  After thorough investigation and multiple senior leaders testified on the accused’s behalf, the board ultimately decided the allegation did not warrant separation and the accused was retained on active duty in the Army.

September 2018: The Command initiated separation based on an allegation the accused drove a vehicle under the influence of alcohol

Result: Allegation unsubstantiated. Retained.

The command initiated separation against the accused after the senior NCO was arrested for allegedly driving under the influence after only having two alcoholic drinks.  Attorney Willard successfully investigated the case and called multiple witnesses to corroborate the accused’s version of events from the night in question.  After eyewitnesses and senior military leaders testified on the accused’s behalf, the board unsubstantiated the DUI charge and retained the Soldier in the United States Army

June 2018: The command initiated separation for allegations of adultery, fraternization, wrongful cohabitation, and assault consummated by a batter

Result: Assault Charge Unsubstantiated; Soldier recommended for general discharge based solely on military-specific offenses

In a case where the accused Soldier faced three military-specific offenses and a serious offense of assault consummated by a battery, Attorney Willard effectively defended the assault charge and got the board to unsubstantiate the allegation. While the Soldier was ultimately recommended for separation with a General (under Honorable conditions) discharge for adultery, fraternization and cohabitation, Attorney Willard’s advocacy ensured the Soldier did not receive an Other Than Honorable characterization of service discharge.

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

Result: 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.

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

Result: Retained

The accused, a junior enlisted Soldier, was accused of driving while intoxicated. After the board members substantiated allegations of DUI and a violation of Tennessee’s implied consent law and the board recommended for the accused to be separated, Attorney Willard successfully advocated before the Soldier’s brigade commander to overturn the board’s findings and the Soldier was retained on active duty in the United States Army.

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.

Result: 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.

Result: 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.

Result: 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.

Result: 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.

Result: 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.