Result: Separation Suspended; Will be Retained after 6-month Probationary Period

The Accused, an Army SPC, faced separation for alleged sexual harassment, which included physically touching another Soldier at a bar. Attorney Barry collected additional evidence, including additional witness statements and copies of previous investigations that were conducted but not provided to the accused.  Attorney Barry also drafted the accused's matters and advocated for a suspended separation. Ultimately the Command agreed; the accused will be retained after a 12-month probationary period as long as no other misconduct is committed.

Result: Separation Action Terminated without a Separation Board

The accused, an Air Force SSgt, faced separation for sexual harassment and sexual assault.  The Command initiated separation within days of the accused's normal separation from the Air Force (ETS). Attorney Barry advised the accused to request appearance before a separation board, knowing that one could not be completed before his normal separation.  The accused did so, and the Command extended the accused's contract. Attorney Barry argued that the accused could not be separated for misconduct anymore based on how the extension was done (extended only to be separated).  Ultimately the Command agreed, and the accused's separation action was terminated without a Separation Board.  The accused left the Air Force with an Honorable Discharge and a normal DD214.

Result: Retained

The accused, an AGR E7 Recruiter, faced separation from the AGR because of sexual harassment. Attorney Barry spoke to additional witnesses who supported the accused, including the alleged victim who told Attorney Barry that she did not feel harassed.  Attorney Barry also drafted the accused's matters, which ultimately resulted in him being retained in the AGR program as a recruiter.

Result: Separation not Initiated

The accused was informed that he was going to be facing separation after being arrested for driving while intoxicated. Attorney Barry collected additional evidence and drafted the accused's rebuttal to his GOMOR, demonstrating that the alleged DUI was a medication mishap instead of an intentional act.  While the GOMOR was filed in his AMHRR, the rebuttal convinced the chain of command to not initiate separation. The accused continues to serve.

Result: The Accused Received a General Discharge despite a Separation Board Recommending Other than Honorable

The accused faced separation after being arrested for multiple DUIs and having multiple alcohol related incidents at work.  A separation board recommended that the accused be separated with an other than honorable (OTH) discharge.  Attorney Barry drafted an appeal of the separation board's recommendation, highlighting the efforts the accused had made to get treatment and that his alcohol problems were related to combat.  The Commanding General ultimately gave the accused a General Discharge, which ensures that he will receive disability compensation after his discharge.

Result: Separation Action Terminated; Retained

Attorney Willard represented the accused throughout the GOMOR process and assisted the accused with providing a very thorough GOMOR response that was also later considered by the accused’s command following referral of the accused’s case to a separation board proceeding. Based on information provided in the accused’s response, coupled with numerous ongoing medical issues the accused had accumulated during his more than two decades of service, the accused’s command rescinded the separation action and allowed the accused to medically retire from the Army with an Honorable discharge.

Result: Allegations unsubstantiated; Retained

The accused, an active duty SPC, faced separation based on an allegation of sexual assault and drinking while on IRF 1. Attorney Barry collected additional evidence and witnesses which demonstrated that multiple eye witnesses refuted what was alleged. Additionally, Attorney Barry uncovered proof that CID excluded favorable evidence from their investigation. After a separation board, all allegations against the accused were unsubstantiated and the accused was retained.

Result: Allegation unsubstantiated; Retained

The accused, a SFC with over 11 years in service, faced potential separation with a recommended discharge of Under Other Than Honorable (OTH) conditions based on an allegation of sexual harassment, to include a permanently filed GOMOR the accused received stemming from that allegation. Attorney Willard thoroughly prepared for the board by interviewing multiple witnesses related to the investigation, and he successfully assisted the accused with collecting favorable evidence and witness statements in advance of the board proceeding. During the board proceeding, Attorney Willard effectively advocated before the board members, which led to the alleged victim lying under oath regarding her allegations against the accused. Ultimately, Attorney Willard was able to get the board members to unsubstantiate the allegation of sexual harassment, and the accused was retained on active duty.

Result: Medically Retired

The Accused, an Army MSG, lost his MOS and HRC notified him that he would be separated, just months shy of his 18-year safe harbor. Attorney Barry advised the accused that the only way to save his retirement would be through the IDES process.  The accused ultimately entered the IDES process and was retired as a MSG.

Result: Separated with VA Benefits

The Accused, an Army E3, faced separation for use of THC Delta 8 and reckless driving. Despite this being her second alleged drug use, Attorney Barry drafted her rebuttal and advised her throughout the process that resulted in her maintaining her VA disability compensation benefits.

Result: Retained

The Accused, an Army MSG, faced separation for knowingly ingesting THC Delta 9.  Attorney Barry advised the accused since the notification of a positive UA. Under Attorney Barry's guidance, the accused admitted to taking an edible containing THC. Attorney Barry drafted the accused's matters for her Article 15, highlighting the extreme circumstances surrounding her one-time use.  Attorney Barry also represented the accused at her separation board, ultimately resulting in her being retained.

Result: All but one Allegation Unsubstantiated; Retained

The Accused, an Army Special Forces NCO who had served for 17 and a half years, faced separation for conspiracy to purchase cocaine, extramarital sexual conduct, and assault.  Furthermore, the Command accused the Command of using cocaine 7 years earlier, and assault on two separate accusations (both years' old accusations). While pending the separation board, the accused was arrested and charged with driving while intoxicated and resisting arrest. Attorney Barry collected a substantial amount of additional evidence and represented the accused at his separation board. Despite the numerous and serious accusations he was facing, all but one was unsubstantiated and the accused was retained.

Result: Separation Suspended; Will be Retained after 6-month Probationary Period

The Accused, an Army SFC, faced separation for alleged sexual harassment, which included physically touching another NCO on the thigh multiple times. Attorney Barry represented the accused at his separation board, pointing out numerous inconsistencies in the accusations and producing additional exonerating evidence for the Board. Despite this, the Board voted to separate the accused.  Attorney Barry wrote an appeal to the separation authority, ultimately convincing her to suspend the accused's separation for 6-months. The accused will be retained after the 6-month time period should he commit no misconduct.

Result: Allegation unsubstantiated; Retained

The accused's Command initiated separation against the accused, an Army SSG, for driving while intoxicated. The Command also cited a DUI arrest from years earlier.  Attorney Barry investigated the case, corroborating that the accused was found by the police in his car sleeping, and that there was actually no proof that he ever drove while intoxicated.  Furthermore, Attorney Barry collected evidence of past traumas that the accused suffered and presented the information to the Board. Despite being accused of driving while intoxicated twice, the allegation was unsubstantiated and the accused was retained.

Result: Accused allowed to Retire, in Grade, with a General, under honorable Conditions, Discharge

The accused's Command initiated separation against the accused, a Marine E7 with over 20 years of service, for an inappropriate relationship with a poolee (recruit). Attorney Barry negotiated with the Command early in the process which resulted in separation being taken off the table. At the Retirement Grade and Characterization of Service Board, Attorney Barry effectively defended the accused, demonstrating that the violation was a mitigated one and that the accused had been substantially punished already.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.