Investigation Case Results
Our Case Results
Below are summaries of cases that Attorneys Barry, Willard, and Gittleman 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!
Investigation Case Results
December 2024: The accused faced a 15-6 investigation
Result: Unsubstantiated and unflagged; no adverse action taken
The accused, an Army SFC, was placed under investigation based on allegations made against him for allegedly saying inappropriate comments. Attorney Barry received the questions in writing from the IO and assisted the accused in drafting his answers. Based on the answers provided, the allegations were ultimately unsubstantiated and the accused continues to serve with no adverse information filed in his AMHRR/OMPF.
December 2024: The accused faced a Commander's Directed Investigation (CDI)
Result: Unsubstantiated and unflagged; no adverse action taken
The accused, an Air Force Lt Col, faced an equal opportunity CDI. Attorney Barry coordinated with the investigating officer and received the questions in advance of the interview. Attorney Barry prepped the accused for his interview and was present during. The allegations were unsubstantiated with no adverse action taken against the accused.
December 2024: The accused previously was the subject of a founded 15-6 Investigation filed in the AAIP Database
Result: Unsubstantiated; Removal from AAIP
The accused, an Army MAJ, previously was the subject of a founded 15-6 investigation that was filed in the AAIP (Army Adverse Information Program) Database. Attorney Barry drafted a request for reconsideration, which pointed out the legal error that was committed during the investigation. The approval authority agreed with Attorney Barry, resulting in the allegation unsubstantiated and his name being removed from the AAIP database.
December 2024: The accused faced a 15-6 investigation
Result: Unflagged; no adverse action taken
The accused, an Army CPT, was under investigation for counterproductive leadership. The IO substantiated the allegations and Attorney Barry drafted the accused's rebuttal to the proposed adverse findings. Attorney Barry's rebuttal included collecting numerous additional statements that indicated that the accused did nothing wrong. Because of the rebuttal submitted, the accused received no adverse action and a "highly qualified" OER.
October 2024: The accused faced a 15-6 investigation
Result: Unsubstantiated and unflagged; no adverse action taken
The accused, an Army LTC, faced an allegation of inappropriate behavior relating to his access to a building without a badge and disrespect to a Civilian. Attorney Barry represented the accused during a 15-6 investigation, which included getting the questions in writing from the investigating officer and drafting his answers, as well as providing supporting documentation. Ultimately, the IO unsubstantiated the allegations. The accused was unflagged and continues to serve with nothing filed in the Army Adverse Information Program Database (AAIP).
October 2024: The accused faced allegations of sexual harassment and making inappropriate comments
Result: No evidence of wrongdoing, and the accused was cleared of allegations.
The accused, a Captain, faced an AR 15-6 Investigation for allegations of sexual harassment and making inappropriate comments towards another female Officer. Attorney Willard advised the accused for the duration of the investigation and assisted him with providing a detailed sworn statement in response to the investigating officer’s questions for the command’s consideration. Ultimately, the accused was cleared of all allegations and potential wrongdoing, and he was able to continue his military career with no adverse action taken.
October 2024: The accused was under CID investigation
Result: Unflagged; no adverse action taken; promoted to LTC
The accused, an Army doctor and MAJ, faced a CID investigation for illegal drug use. Attorney Barry accompanied the accused to his CID interview and represented him for the duration of the lengthy investigation. Ultimately, he was unflagged, faced no adverse action, and was promoted to LTC. The accused continues to serve with no adverse information in his AMHRR.
October 2024: The accused was under a 15-6 Investigation
Result: Unflagged; no adverse action taken
The accused, an Army MSG, was under investigation for unknown reasons. Attorney Barry interceded by contacting the Command. The accused was almost immediately unflagged. He received a non-referred NCOER and PCS'd to a new assignment. He continues to serve with no adverse information filed in his AMHRR.
August 2024: The accused was under a 15-6 Investigation for Counterproductive Leadership
Result: No adverse action taken
The accused, an Army LTC, was under investigation for counterproductive leadership after she had already left her Command position. Attorney Barry drafted the accused's rebuttal to the proposed adverse findings, which included additional evidence and statements. Ultimately, the accused was unflagged and faced no adverse action. The accused received a non-referred OER and retired in her current rank/grade, which she was planning to do regardless.
August 2024: The accused was under CID investigation based on allegations of sexual assault by his ex-spouse.
Result: No probable cause found, and no adverse action taken
The accused, a SFC, was under investigation by CID for allegations of sexually assaulting his ex-spouse. Attorney Willard advised and assisted the accused throughout the CID investigation, which ultimately resulted in the allegations being unsubstantiated. The accused was unflagged favorably and allowed to continue his military service.
August 2024: The accused faced an investigation for violating the Army's Equal Opportunity Policy
Result: Allegation unsubstantiated; no adverse action; retired in current rank and grade (COL)
The accused, an Army COL pending retirement, was under investigation for allegedly violating the Army's EO policy. Attorney Barry represented the accused during the investigation and worked with the investigating officer to get the questions in writing. Attorney Barry assisted the accused in drafting his answers and provided the IO with additional evidence. Ultimately the allegation was unsubstantiated, there was no AAIP entry, and the accused faced no adverse action; he was allowed to retire on his desired timeline in his current rank and grade (COL).
August 2024: The accused faced an investigation for counterproductive leadership
Result: Remained in Command; Local Letter of Concern
The accused, an Army CPT and Company Commander, was under investigation for counterproductive leadership. Attorney Barry was retained after the accused received an AAIP referral. Attorney Barry collected additional evidence and drafted the accused's response. After reading Attorney Barry's rebuttal, the accused remained in Command and only received a locally filed letter of concern.
August 2024: The accused faced a CID investigation based on numerous allegations made by his ex-wife
Result: Allegation unsubstantiated; no adverse action
The accused, an Army Special Forces SFC, was under investigation by CID based on serious allegations made against him by his ex-wife. Attorney Barry advised the accused for the duration of his investigation, which ultimately resulted in the allegations being unsubstantiated. No adverse action was taken and the accused continues to serve in Special Forces.
July 2024: The accused faced an investigation for violating the Army's Equal Opportunity Policy
Result: Allegation unsubstantiated; no adverse action
The accused, an Army LTC, was under investigation for allegedly violating the Army's EO policy. Attorney Barry represented the accused during the investigation and worked with the investigating officer to get the questions in writing. Attorney Barry assisted the accused in drafting his answers and provided the IO with additional evidence. Ultimately the allegation was unsubstantiated, there was no AAIP entry, and the accused faced no adverse action.
July 2024: The accused faced an investigation for unknown reasons
Result: Allegation unsubstantiated; no adverse action
The accused, an Army MSG, was flagged and approached by an investigating officer for allegations that were unknown to the accused (all he was told is that it related to some emails that were sent). The accused retained Attorney Barry, who reached out to the IO and asked for the questions in writing. The IO responded that the allegations were unsubstantiated and that the accused would be unflagged.
July 2024: The accused faced an investigation for assault and sexual harassment
Result: Allegations Unsubstantiated
The accused, an Army SFC, was under investigation for an alleged assault and sexual harassment. Attorney Barry represented the accused during his investigation, getting the questions in writing from the investigating officer and drafting the accused's answers for him. Ultimately, the allegations were unsubstantiated and the accused faced no adverse action.
July 2024: The accused faced an investigation for counterproductive leadership
Result: No adverse Action; Accused Promoted to LTC
The accused, an Army Major, was served with proposed adverse investigative findings that detailed numerous allegations of counterproductive leadership. Attorney Barry drafted the accused's rebuttal, collecting a substantial amount of new evidence and providing it to the approval authority. The majority of the adverse findings were disapproved and no adverse action was taken against the accused. The accused was promoted to LTC without referral to an Special Selection Review Board (SSRB).
July 2024: The Accused faced investigation for violating the Army’s Equal Opportunity Policy
Result: Equal Opportunity Violation unsubstantiated
The Accused, an Army First Lieutenant, was served with proposed adverse investigation findings that concluded she discriminated against a subordinate. Attorney Gittleman submitted a legal memorandum explaining that her actions were not because of discrimination, but rather an attempt to confront the subordinate about an issue. The command ultimately agreed with Attorney Gittleman, finding her actions did not violate the Equal Opportunity policy.
June 2024: The accused faced CID investigation based on allegations of fraud, forgery and defrauding the United States Government
Result: No probable cause found and no adverse action taken
The accused, a SGT, was under investigation by CID for allegations of fraud and defrauding the United States Government of tens of thousands of dollars by allegedly lying about his promotion status and forging his promotion points. Attorney Willard advised and assisted the accused throughout the CID investigation, which ultimately resulted in the allegations being unsubstantiated. The accused was unflagged and allowed to continue his military service.
June 2024: The accused was under investigation for being AWOL
Result: Unflagged without facing adverse action
The accused, an Army SSG, was under investigation for being AWOL. Attorney Barry coordinated with the investigating officer and got the questions in writing. Attorney Barry also assisted the accused in answering the questions. Despite the accused's lower level of command recommending a GOMOR, she was unflagged without facing adverse action.
June 2024: The accused was under investigation for BAH Fraud
Result: Unsubstantiated; no adverse action
The accused, an Army SPC, was under investigation for BAH Fraud. Attorney Barry coordinated with the investigating officer to get the questions in writing and drafted the accused's answers for her. Attorney Barry also included additional documentation, showing the accused's innocence. She was ultimately unflagged without facing any adverse action.
June 2024: The accused was under investigation for counterproductive leadership and an equal opportunity violation
Result: Unsubstantiated and no AAIP Filing
The accused, an Army Major, was was under investigation for counterproductive leadership and an alleged EO violation. Attorney Barry drafted the accused's matters, which included collecting numerous additional statements from individuals that the investigating Officer did not. After reviewing the rebuttal that Attorney Barry drafted, as well as all of the additional statements, all allegations were unsubstantiated. The accused was unflagged with no adverse action and no AAIP filing.
June 2024: The accused was under investigation for counterproductive leadership
Result: Unsubstantiated and no AAIP Filing
The accused, an Army Major, was was under investigation for counterproductive leadership. He was served an investigation with a single allegation which related to him making an inappropriate comment about a Warrant Officer in front of a Captain. Attorney Barry drafted a rebuttal, which included an additional statement from said Captain as well as a legal letter explaining how the accused's conduct did not meet the definitions of what information should be filed in the AAIP database. The approval authority agreed and the accused was unflagged with no AAIP filing and no adverse action.
June 2024: The accused was under investigation for counterproductive leadership and assault of a subordinate
Result: No adverse action taken and the Accused Remained in Command
The accused, an Army Captain and Company Commander, was under investigation for counterproductive leadership and alleged assault of a subordinate. Attorney Barry collected additional evidence and drafted the accused's rebuttal to the 15-6 investigation that was served on him. After reading the accused's rebuttal, it was decided that he would stay in Command, receive no adverse action, and receive a non-referred OER.
June 2024: The accused was under investigation for extramarital sexual conduct
Result: Allegations unsubstantiated
The accused, an Army SSG, was under investigation for extramarital sexual conduct. Attorney Barry represented the accused during the investigation, getting the questions from the investigating officer in writing and convincing the accused to not answer them, despite his inclination to do so. Ultimately, the allegations were unsubstantiated and the accused never faced any adverse action.
May 2024: The accused was under investigation for counterproductive leadership
Result: Unsubstantiated
The accused, a West Point Cadet, was under investigation for an alleged equal opportunity violation. Attorney Barry represented the accused during the investigation, getting the questions from the IO in writing and drafting his responses. Attorney Barry also provided the IO with additional evidence to consider. The allegations were unsubstantiated and the accused continued at West Point with no adverse actions taken against him.
May 2024: The accused was under investigation for counterproductive leadership
Result: Unsubstantiated; no AAIP filing
The accused, an Army LTC, was under investigation for counterproductive leadership. Attorney Barry drafted the accused's rebuttal to the proposed adverse findings, which included collecting additional evidence and statements. After reading the accused's rebuttal, the proposed adverse finding was disapproved. The accused received no AAIP filing and he kept his upcoming slot to take Battalion Command.
May 2024: The accused was under investigation for counterproductive leadership
Result: No Adverse Action; Top Block OER Received
The accused, an Army LTC, was under investigation for counterproductive leadership. The accused was eventually served with the investigation file with proposed adverse findings relating to several allegations of counterproductive leadership. Attorney Barry collected additional information and statements and drafted the accused's rebuttal. Based on the additional information provided, no adverse action was taken. Additionally, Attorney Barry educated the accused's rater and senior rater on the fact that they were not required to put any negative comments on the accused's OER, despite pressure from higher. The accused ultimately received a "most qualified" OER.
May 2024: The accused was under investigation for disrespect and sewing seeds of dissention
Result: Allegation Unsubstantiated; no AAIP Entry
The accused, an Army 1LT and Chaplain, was under investigation for disrespect and sewing seeds of dissention. Attorney Barry was retained after the accused submitted a rebuttal drafted by a different Defense Counsel that the accused found to be substandard. Attorney Barry convinced the legal office to consider a new rebuttal. Attorney Barry then collected additional evidence demonstrating that the accused's Battalion Commander was personally biased against the accused and that there was little to no evidence supporting the allegations. After reading Attorney Barry's rebuttal, the allegation was unsubstantiated and no entry in the Army Adverse Information Program (AAIP) Database was made.
May 2024: The accused was under investigation for falsifying scores on a PT Test
Result: Unflagged without any adverse action filed in the accused's AMHRR
The accused, an Army SFC, was under investigation for allegedly falsifying scores on a PT test. Attorney Barry worked with the IO to get the questions in writing and prepared the accused's written response to the questions. Attorney Barry also provided additional records to the IO. Ultimately, the accused only received a local letter of concern. She will continue to serve without any adverse information in her AMHRR.
May 2024: The accused was under investigation for violating the Army leave and pass regulation
Result: Allegation Unsubstantiated; no AAIP Entry
The accused, an Army CPT, was under investigation for violating the Army leave and pass regulation. (AR 600-8-10). Specifically, he was accused of not returning to his duty location after his pass ended before his leave started. The investigating officer recommended an adverse finding against the accused. Attorney Barry collected additional evidence and statements, demonstrating that members of the Command Team, as well as the accused's peers, were unaware of the policy in question. After reading Attorney Barry's rebuttal, the allegation was unsubstantiated and nothing was inputted into the Army Adverse Information Program (AAIP) Database.
May 2024: The accused was under investigation for reprisal
Result: Allegations Unsubstantiated
The accused, an Army CPT and Company Commander, was under investigation for committing multiple reprisals against members of his Command. Attorney Barry coordinated with the investigating officer and received the questions in writing. Attorney Barry worked with the accused to collect additional information and provide a lengthy response to the questions from the investigator. Ultimately, the allegations of reprisal were unsubstantiated, calling into question the accused's removal from Command and proposed referred OER.
May 2024: The accused was under investigation for counterproductive leadership and bullying
Result: The accused was unflagged, remained in Command, and faced no adverse action
The accused, an Army MAJ and Company Commander, was under investigation for alleged counterproductive leadership and bullying. After obtaining the questions in writing from the investigating officer (IO), Attorney Barry worked with the accused to draft appropriate responses. Attorney Barry also reviewed and submitted supporting documentation to the IO. Ultimately, the allegations made against the accused were unsubstantiated and not filed in the Army Adverse Information Program (AAIP) database. The accused remained in Command and faced no adverse action.
May 2024: The accused was under investigation for violation of lawful orders and being AWOL
Result: The accused was unflagged and faced no adverse action
The accused, an Army 1LT, was under investigation for violation of multiple lawful orders and for being AWOL. Attorney Barry coordinated with the investigating officer to receive the questions in writing and worked with the Accused to draft his answers. Attorney Barry also reviewed multiple supporting documents and provided the relevant ones to the investigating officer. The allegations against the accused were all unsubstantiated and the accused with unflagged without facing any adverse action.
April 2024: The accused faced allegations of improperly augmenting unit funds and improperly soliciting a gift
Result: The accused was unflagged and faced no adverse action
The accused, a Commissioned Officer, faced an investigation for allegations of improperly augmenting unit funds and improperly soliciting a gift. Attorney Willard represented the accused throughout the investigation and then assisted her with providing a thorough response with supporting evidence to combat the allegations in her case. In the end, the investigation was closed out favorably, and the accused never faced any adverse action.
April 2024: The accused was under investigation for alleged drug use
Result: The accused was unflagged and faced no adverse action
The accused, an Army MAJ and Doctor, was under investigation for alleged drug use. Attorney Barry represented the accused during the lengthy CID investigation and accompanied the him during his interrogation with CID. At the end of the investigation, the accused received no adverse action and was unflagged.
April 2024: The Accused faced a one year on-post driving privileges suspension
Result: Ticket revoked and privileges restored
The Accused, an Army First Lieutenant, was cited for negligent driving for speeding. Attorney Gittleman submitted an appeal on behalf of the Accused, showing that the charge was not supported by the facts. The traffic ticket was repealed, and the Accused’s driving privileges were restored.
April 2024: The accused faced allegations of making inappropriate comments and engaging in counterproductive leadership
Result: The accused was unflagged and received no GOMOR/Article 15
The accused, a Commissioned Officer and Commander, faced an investigation following a command climate survey for allegations of making inappropriate comments and engaging in counterproductive leadership. Attorney Willard represented the accused from the onset of the investigation and advised him throughout the process. Attorney Willard also worked with the accused to draft a detailed response to the allegations, which ultimately led to the command’s decision not to reprimand the accused or initiate elimination proceedings against him, and the accused was permitted to continue his service with his unit. The investigation was later referenced in his evaluation report.
April 2024: The accused was under investigation for sexual assault
Result: The accused was unflagged and faced no adverse action
The accused, an Army SPC, was under CID investigation for sexual assault. Attorney Barry represented the accused for the duration of the investigation. Ultimately, the accused was unflagged and faced no adverse action. Additionally, the accused was not "titled" in the NCIC database, meaning that no probable cause was found to believe that accused committed any offense.
April 2024: The accused was under investigation for unknown allegations
Result: The accused was unflagged and faced no adverse action
The accused, an Army NCO, was under investigation for an unknown reason. Attorney Barry was retained and learned from Brigade legal that he was under investigation by a local Police Department. Attorney Barry contacted the Police Department and they said that they were unaware of any active investigation. Attorney Barry relayed this to Brigade legal, and the accused was ultimately unflagged without facing any adverse action.
March 2024: The accused faced allegations of bullying and counterproductive leadership.
Result: All allegations unsubstantiated, and the accused was cleared of all wrongdoing.
The accused, a Senior Noncommissioned Officer, was under investigation for allegations of bullying trainees and counterproductive leadership. Attorney Willard advised the accused for the duration of the investigation and assisted her with providing detailed responses with supporting evidence to all of the investigating officer’s questions for the command’s final consideration. In the end, the accused was cleared of all allegations and unflagged with no adverse action taken against her.
February 2024: The Accused faced investigation for fraternization
Result: No Adverse Action Taken
The Accused, an Army First Lieutenant, was served with proposed adverse investigation findings that concluded he fraternized with two noncommissioned officers. Attorney Gittleman submitted a legal memorandum explaining that the Accused’s actions were not in violation of the customs of the Army. As a result, no adverse action was taken against the Accused.
February 2024: The accused was under investigation for counterproductive leadership
Result: Findings Disapproved; Unflagged; No adverse action taken; Remains in Command
The accused, an Army COL and Brigade Commander, was under investigation for counterproductive leadership. The IO returned adverse findings and recommendations and served them on the accused for rebuttal. Attorney Barry drafted the accused's rebuttal, highlighting additional evidence that corroborated the accused's innocence and the bias of the IO and higher-level Commander. The allegations were unsubstantiated and the accused remains in Command.
February 2024: The accused was under investigation for abusive sexual contact
Result: Unflagged; No adverse action taken; No probable cause
The accused, an Army SFC, was under investigation for abusive sexual contact of a subordinate. Attorney Barry represented the him for the duration of the CID investigation. The investigation was ultimately unsubstantiated and no probable cause determination was reached. The accused was placed back into a leadership position and faced no adverse action.
February 2024: The accused was under investigation for assault
Result: Unflagged; No adverse action taken
The accused, an Army SSG, was under investigation after an altercation at a bar. The Command attempted to force the accused to answer questions before Attorney Barry intervened. Despite repeated attempts by the Command to force the accused to answer questions and provide evidence against himself, they ultimately admitted that they could prove nothing. The accused remained unflagged and faced no adverse action.
January 2024: The accused was under investigation for allegedly assaulting a subordinate
Result: Unflagged; No adverse action taken
The accused, an Army SSG and drill sergeant, was under investigation for allegedly assaulting a subordinate. Attorney Barry advised the accused during the investigation, ultimately opting to answer questions from the IO. Attorney Barry also advocated for the accused after the investigation was complete, resulting in him being unflagged with no adverse action taken.
December 2023: The accused was under investigation for alleged equal opportunity violations and improperly changing a rating scheme
Result: Unflagged; no entry into the AAIP
The accused, an Army LTC, was under investigation for alleged equal opportunity violations and for improperly changing a rating scheme. The investigating officer (IO) only substantiated the allegation relating to the rating scheme. Attorney Barry drafted the accused's rebuttal, demonstrating that the rating scheme actually was changed before the IO claimed. Ultimately, the accused only received a letter of concern and no entries were made into the Army Adverse Information Program database, ensuring that the accused will continue her career without impediment.
December 2023: The accused was under investigation for counterproductive leadership and an alleged inappropriate relationship
Result: Unflagged; all but one allegation unsubstantiated; accused allowed to remain in Battalion Command
The accused, an Army LTC and Battalion Commander, was under investigation for counterproductive leadership and an alleged inappropriate relationship. Attorney Barry collected substantial additional evidence and drafted the accused's matters. All allegations, except for one about the misuse of Government resources at a dining out (added later), were unsubstantiated. The accused received a locally filed letter of concern and was allowed to stay in Battalion Command.
December 2023: The accused was under investigation for alleged steroid use
Result: Unflagged; no adverse action taken; accused put into 1SG position
The accused, an Army MSG, was under investigation for alleged steroid use. Attorney Barry drafted the accused's response to the investigation, demonstrating that the accused had never tested positive for steroid use and had legitimate reasons to Venmo a suspect steroid dealer. After reading the accused's rebuttal, he received no adverse action, kept his Special Forces tab, and was placed into a 1SG position.
December 2023: The accused was under investigation for sexual harassment
Result: Unflagged; no adverse action; allegation unsubstantiated after an appeal
The accused, a SFC, was under investigation for sexual harassment because he sent a fire emoji in response to an Instagram story. Attorney Barry drafted an appeal to the investigation, demonstrating that sending a fire emoji is not necessarily sexual in nature.
November 2023: The accused was under investigation for multiple equal opportunity violations
Result: Unflagged; no adverse action; allegation unsubstantiated after an appeal
The accused, a SFC, was under investigation for multiple equal opportunity violations. An investigation was served on the accused after the allegations were substantiated; however, Attorney Barry drafted an appeal to the next higher authority after collecting additional statements and evidence that demonstrated that the complaining witness was not credible. The allegations were ultimately unsubstantiated and the accused was returned to his duty position with no adverse action.
November 2023: The accused was under investigation for an equal opportunity violation
Result: Unflagged; no adverse action; allegation unsubstantiated
The accused, an Army MAJ, was under investigation for an alleged equal opportunity violation. Attorney Barry drafted the accused's 15-6 rebuttal and included the complete text message history between the accused and the complaining witness. The complete text history demonstrated that the complaining witness was actually the one who started all of the alleged inappropriate conversations. The allegation was unsubstantiated.
November 2023: The accused was under investigation for an alleged equal opportunity violation
Result: Unflagged; no adverse action
The accused, an Army SFC, was under investigation for an allegedly issuing a referred NCOER based on gender instead of performance. Attorney Barry advised the accused during the investigation and drafted his answers after receiving the questions in writing from the investigating officer. The allegations were unsubstantiated.
November 2023: The accused was under investigation for counterproductive leadership and an alleged equal opportunity violation
Result: Unflagged; no adverse action
The accused, an Army SFC, was under investigation for counterproductive leadership and an equal opportunity violation. Attorney Barry assisted the accused in drafting his answers to the IO's questions and included supporting documentation demonstrating that the complaining witness in question was mischaracterizing what occurred regarding her NCOER. The allegation was unsubstantiated and no adverse action resulted.
October 2023: The accused was under investigation for counterproductive leadership and an alleged equal opportunity violation
Result: Unflagged; no adverse action
The accused, an Army LTC, was under investigation for counterproductive leadership and an alleged equal opportunity violation. Attorney Barry received the questions from the IOs in writing and assisted the accused in responding, which included supporting documentation. Attorney Barry also assisted in getting the co-accused legal representation and worked together with that counsel. Ultimately, both investigations were unsubstantiated and the accused was unflagged with no adverse action pending.
September 2023: The accused faced allegations of false official statement, harassment, bullying, and counterproductive leadership
Result: The accused received a local letter of concern, but no official adverse action. The accused was unflagged and allowed to continue her career without adverse information in her permanent file or record.
The accused, a Senior Noncommissioned Officer, was under investigation for allegations of false official statement, harassment, bullying, and counterproductive leadership. Attorney Willard represented and advised the accused for the duration of the investigation. He also assisted the accused with providing evidence and a detailed response to the command during the investigation, ultimately persuading the command that the accused did not commit the allegations as alleged. The accused was received a letter of concern but no official adverse action, and she was able to PCS and continue her military career.
August 2023: The accused was under investigation for several allegations of counterproductive leadership
Result: Allegations unsubstantiated after submitting a Rebuttal
The accused, an Army COL, was served adverse findings after a 15-6 investigation. Attorney Barry gathered significant new information, primarily in the form of additional statements and drafted the accused's written rebuttal. Ultimately, the investigation approval authority disapproved the adverse findings recommended by the investigating officer.
August 2023: The accused was under investigation for several allegations of counterproductive leadership
Result: Unflagged and faced no adverse action
The accused, an Army LTC, was suspended from his position and put under investigation for several allegations of counterproductive leadership. Attorney Barry interviewed numerous witnesses that were not interviewed by the investigating officer and collected statements from them. Attorney Barry used these statements to demonstrate that the allegations should have been unsubstantiated. The accused was unflagged, faced no adverse action, and received a non-referred OER, allowing him to continue to serve with no hinderance.
August 2023: The accused was under investigation for sexual assault
Result: Unflagged and faced no adverse action
The accused, a PFC, was under investigation by CID for a sexual assault. Attorney Barry represented the accused during the investigation, which included reviewing and safeguarding favorable evidence and helping the accused navigate CID and his Command. The allegations were ultimately unfounded and the accused was unflagged without facing any adverse action.
August 2023: The accused was under investigation for maltreatment, bullying, counterproductive leadership, and violating the EO policy
Result: Unflagged with no adverse information in the Accused's AMHRR
The accused, an Army Company Commander, was under investigation for maltreatment, bullying, counterproductive leadership, and violating the EO policy. Attorney Barry drafted the accused's rebuttal to the investigation and collected numerous additional statements and pieces of evidence that supported the accused's version of events. Due to the rebuttal, the accused was unflagged, faced no adverse action, was not relieved for cause, and received a non-referred OER.
August 2023: The Accused faced investigation for assaulting a subordinate.
Result: No Adverse Action Taken
The Accused, an Army Major, was served with proposed adverse investigation findings that concluded he assaulted a subordinate. Attorney Gittleman drafted the Accused’s rebuttal, explaining what actually occurred and how it was not an assault. No adverse action was taken.
August 2023: The accused was under investigation for having an inappropriate relationship
Result: Unflagged with no adverse information in the Accused's AMHRR
The accused, a 1LT, was under investigation for having an inappropriate relationship with a CPT. Attorney Barry assisted the accused with her investigation rebuttal, collecting additional information which refuted the findings of the investigation. The accused only received a local letter of concern and was unflagged. She continues to serve with no adverse information in her Official Military Record.
July 2023: The accused faced CID investigation for allegations of illegal drug use
Result: CID found no probable cause to believe an offense was committed, and the accused was unflagged and never faced any adverse action
The accused, a CPT, was under CID investigation for allegations of illegal drug use after testing positive for codeine and amphetamines. Attorney Willard represented and advised the accused throughout the duration of the CID investigation, which included assisting the accused with submitting a thorough statement with supporting evidence during the investigation. Ultimately, CID determined that No Probable Cause existed to believe the accused engaged in illegal drug use. The accused never faced any form of adverse action and continues to honorably serve with no adverse information in her file.
July 2023: The accused was under investigation for alleged sexual harassment
Result: Allegation unsubstantiated, and no adverse action taken against the accused
The accused, a SSG in the Army Reserve, was under investigation for eight months followed an allegation of sexual harassment. Attorney Willard represented and advised the accused during the investigation, and the investigation and allegation were eventually closed out as unsubstantiated. The accused was unflagged and never faced any adverse action.
July 2023: The accused was under investigation for sexual harassment
Result: Allegations Unsubstantiated
The accused, an Army SFC, was under investigation for alleged sexual harassment. Due to the nature of the accusations (SHARP), the accused was allowed to appeal their results to the Commanding General. Attorney Barry collected additional evidence, including multiple statements from NCOs who stated that the complaining witness had questionable integrity. The CG ultimately granted the accused's appeal, unsubstantiating the accusations. The accused was unflagged and faced no adverse action.
July 2023: The accused was under investigation for making a racist comment
Result: Unflagged with no adverse information filed in the accused's AMHRR
The accused, an Army 1LT, was under investigation for making an alleged racist comment. Attorney Barry collected additional evidence and drafted the accused's investigation rebuttal, resulting in the investigation approval authority unflagging the accused. The accused faced no adverse action and continues to serve in the Army.
June 2023: The accused faced two investigations for counterproductive leadership, sexual harassment, and fraternization
Result: Unflagged with no adverse information filed in the accused's AMHRR
The accused, an Army MAJ, was under investigation for counterproductive leadership, sexual harassment, and fraternization. Attorney Barry assisted the accused during two separate investigations; this included assistance with answering questions from the IO and submitting a rebuttal. Attorney Barry collected additional evidence indicating that the primary complaining witness lied. Ultimately, the accused was unflagged with no adverse information in his AMHRR; he continues to serve in the same position with his career unaffected.
June 2023: The accused was under investigation for child endangerment and driving while intoxicated
Result: Accused was allowed to medically retire
The accused, an Army E4, was under investigation for child endangerment and driving while intoxicated. Attorney Barry advised the accused during the investigation, preventing him from making his situation worse and providing potentially incriminating evidence to his Command. Despite the serious allegations he was facing, the accused was allowed to medically retire without even receiving a GOMOR.
May 2023: The Accused faced investigation for violating General Order #1 while on an exercise.
Result: No Adverse Action Taken
The Accused, an Army Major, was served with proposed adverse investigation findings that concluded he violated a general order by drinking while on an exercise. Attorney Gittleman drafted the Accused’s rebuttal, explaining the mitigating circumstances and the confusing nature of conflicting orders. No adverse action was taken against the Officer, and the Brigade Commander specifically recommended in writing that this have no hinderance on the Accused’s career.
May 2023: The accused was under investigation for counterproductive leadership
Result: Accused unflagged; no adverse action taken; remained in Command
The accused, an active duty Company Commander, was under investigation for alleged counterproductive leadership. Attorney Barry assisted the accused throughout the investigation, including collecting additional statements from individuals the IO ignored. Attorney Barry also drafted a 15-6 investigation rebuttal to the adverse findings. Ultimately, all adverse findings were disapproved by the Commanding General and the accused remained in Company Command.
May 2023: The accused was under investigation for discriminatory harassment
Result: Allegations unsubstantiated
The accused, an Army SSG, was under investigation for discriminatory harassment. Attorney Barry assisted the accused in collecting additional evidence, demonstrating the multiple lies told throughout the investigation. After two appeals, the allegations were unsubstantiated.
April 2023: The accused was under investigation for sexual assault and domestic violence
Result: Accused unflagged; no adverse action taken
The accused, a SSG, was under investigation for sexual assault by CID after his spouse made an accusation during a sensing session. Attorney Barry represented the accused for the duration of the CID investigation. Ultimately, the accused was unflagged with no adverse action take.
April 2023: The accused was questioned during an investigation for his conduct as a Commander previously
Result: No adverse action taken
The accused, an Air Force Captain, was questioned after leaving Active Duty for a situation that occurred under his Command. Attorney Barry advised the accused during the investigation, resulting in no adverse action taken against him.
April 2023: The accused was under investigation for sexual assault
Result: Accused unflagged; no adverse action taken
The accused, a SSG, was under investigation for sexual assault by CID. Attorney Barry advised the accused throughout the duration of the investigation. Ultimately, the accused was unflagged and promoted.
April 2023: The accused was under investigation for sexual harassment of a subordinate
Result: Finding Modified and OER Changed
The accused, an Army Company Commander, was under investigation for sexual harassment of a subordinate. After being removed from Command, the accused retained Attorney Barry. Attorney Barry collected additional evidence as part of the accused's GOMOR rebuttal, ultimately convincing the General to locally file said GOMOR. Afterwards, Attorney Barry successfully advocated for the sexual harassment finding to be modified. The accused ultimately received a normal, non-referred, change-of-rater OER. The accused continues to serve with no derogatory information in her AMHRR.
March 2023: The accused was under investigation for an unprofessional interaction with a Cadet
Result: Allegations Unsubstantiated
The accused, an Army MAJ at West Point, was under investigation for an unprofessional interaction with a Cadet. The Commandant notified the accused that he intended to approve an adverse finding against him. Attorney Barry drafted the accused's rebuttal to the investigation, ultimately convincing the Commandant to change his mind and unsubstantiate the allegations.
March 2023: The accused was under investigation for failure to meet required flying hours
Result: No adverse action taken; accused granted a waiver
The accused, an Army CW2 and pilot, was under investigation for a failure to meet required flying hours, as well as for his conduct while off duty. Attorney Barry got the questions from the investigating officer in writing, and assisted the accused in formulating his response. Ultimately no adverse action was taken and the accused was granted a waiver due to the facts and circumstances highlighted in his answers to the IO.
February 2023: The accused was under investigation for sexual harassment
Result: Allegations Unsubstantiated
The accused, an Army CW4, was under investigation for making multiple offensive comments. The investigating officer returned adverse findings against the accused. Attorney Barry drafted the accused's appeal, highlighting the lack of specifics regarding what was actually said, the desires of the two complaining witnesses, and that the allegations were handled at the lowest level. Despite the IO's initial findings and recommendations, the CG disapproved the investigation. The accused was unflagged and proceeded to retire in his current rank and pay grade.
February 2023: The accused was under investigation for counterproductive leadership and bullying
Result: Investigation closed with no adverse action taken
The accused, an Army O6, was under investigation for counterproductive leadership and bullying. Attorney Barry worked with the investigating officer to get written questions for the accused and then assisted in drafting his detailed response. Ultimately, he was unflagged with no adverse action taken.
February 2023: The accused was under investigation for sexual harassment
Result: Investigation Closed with only a letter of concern issued
The accused, an Army SFC, was under investigation for allegedly making inappropriate comments about a subordinate. Attorney Barry drafted an appeal to the IO's initial findings, resulting in only a letter of concern, instead of a GOMOR that could be filed in the accused's AMHRR.
February 2023: The accused was under investigation for harassing his subordinates, counterproductive leadership, and reprisal
Result: Investigation closed with only a letter of concern issued
The accused, an Army O4, was under investigation for harassing his subordinates, counterproductive leadership, and reprisal. Attorney Barry assisted the accused with his investigation rebuttal, collecting additional statements and evidence. Due to the new information and the accused's rebuttal, he only received a letter of concern, which was not filed in his AMHRR.
February 2023: The accused was under investigation falsifying a range card
Result: Investigation closed with no letter of concern or GOMOR
The accused, an Army Company Commander, was under investigation for falsifying a range card. Attorney Barry drafted her response to her notice of proposed relief after collecting additional evidence on her behalf. While she was not placed back in Command, Attorney Barry's response to the investigation ensured there was no letter of concern or GOMOR issued, thereby minimizing the negative effects on the accused's career.
February 2023: The accused was under investigation counterproductive leaderhsip
Result: Investigation closed with no letter of concern or GOMOR
The accused, an Army Company Commander, was under investigation for counterproductive leadership, specifically for having anger outbursts in front of his subordinates and forcing an unrealistic OPTEMPO. Attorney Barry drafted the accused's response to his notice of proposed relief, highlighting the pressure he was receiving from his higher headquarters and personal hardships he was facing. While he was not placed back in Command, the accused's response ensured no letter of concern or GOMOR was issued, thereby limiting the negative effects on his career.
February 2023: The accused was under investigation for refusing to publish certain orders relating to the COVID-19 vaccine mandate
Result: Investigation closed and the accused was allowed to REFRAD Honorably
The accused, an Army Captain, was under investigation for refusing to publish certain orders relating to the COVID-19 Vaccine mandate. Attorney Barry assisted the accused with his rebuttal to the accusations, demonstrating legitimate issues with the orders that he was being asked to publish. While his GOMOR was filed in his AMHRR, he was unflagged and allowed to REFRAD Honorably, which was his goal.
September 2022: The accused was under investigation for being a counterproductive leader and for being a substandard performer
Result: Investigation close with only a locally filed letter of concern
The accused, an Army 1LT, was under investigation for being a counterproductive leader and for being a substandard performer. A 15-6 investigation commenced, and substantiated the two allegations. Attorney Barry assisted the accused with his investigation rebuttal, which led to the accused's Company Commander being placed under investigation. After that investigation was completed, the accused was issued a letter of concern, filed locally, and was unflagged and allowed to PCS to the Captain's Career Course.
September 2022: The accused was under CID investigation for alleged BAH Fraud
Result: Investigation closed and no adverse action taken
The accused, an Army E5, was under CID investigation for alleged BAH fraud. Attorney Barry advised the accused throughout the duration of the investigation, ultimately resulting in no adverse action being taken. The accused was allowed to continue his Army career.
August 2022: The accused was under CID investigation for sexual assault
Result: Investigation closed, no adverse action taken, and the accused ETS'd with an Honorable Discharge
The accused, a junior enlisted Army Soldier, was recalled off of terminal leave to be considered for Court-Martial based on a sexual assault allegation. Attorney Barry advised the accused throughout the duration of the investigation and communicated with CID and the accused's Commander. Ultimately, the allegations were not prosecuted and the accused was allowed to ETS with an Honorable Discharge.
July 2022: The accused was under CID investigation based on allegations of sexual assault by a civilian
Result: Investigation closed, and no adverse action taken.
The accused, a retired Commissioned Officer subject to the UCMJ, was under investigation by Army CID for nearly a year regarding allegations of sexually assaulting a civilian while the accused on active duty. Attorney Willard advised and assisted the accused throughout the duration of the CID investigation, which ultimately resulted in the case not going forward. The investigation in the accused’s case was closed without any adverse action.
July 2022: The accused was under CID investigation based on allegations of sexual assault by another Servicemember’s wife.
Result: No adverse action taken
The accused, a SSG, was under investigation by CID for allegations of sexually assaulting the wife of another Servicemember in his unit. Attorney Willard advised and assisted the accused throughout the CID investigation, which ultimately resulted in the allegations being unsubstantiated. The accused was unflagged and allowed to continue his military service.
June 2022: The accused faced CID investigation for allegations of illegal drug use.
Result: No adverse action taken and the accused was permitted to ETS honorably.
The accused, an NCO, was under CID investigation for allegations of illegal drug use. Attorney Willard advised and assisted the accused throughout the duration of the CID investigation. Ultimately, the accused never faced any form of adverse action, and he was permitted to ETS normally with an honorable discharge.
June 2022: The accused was under CID investigation based on allegations of sexual assault.
Result: No adverse action taken
The accused, a Junior Enlisted Soldier, was under investigation by CID for allegations of sexual assault by a female Soldier in his unit. Attorney Willard assisted the accused throughout the CID investigation, which ultimately resulted in the allegations being unsubstantiated. The accused was unflagged and allowed to continue his active duty service.
June 2022: The accused was under investigation by CID for abusive sexual contact
Result: No adverse action taken
The accused, a basic training Soldier, was under investigation by CID for multiple accusations of abusive sexual contact. Attorney Barry assisted the accused throughout the investigation, ultimately resulting in the allegations being unsubstantiated. The accused was unflagged and moved on to AIT.
May 2022: The accused was under investigation for Sexual Harassment and creating a Hostile Work Environment
Result: No adverse action taken
The accused, a Company Commander, was under investigation for sexual harassment and creating a hostile work environment. Attorney Barry assisted the accused in answering questions from the investigating officer and advised him for the duration of his investigation. Ultimately, he remained in Command and was unflagged with no adverse action taken.
May 2022: The accused was under investigation for Falsifying a COVID Test and Lying
Result: No adverse action taken
The accused was under investigation for falsifying a COVID test and lying. Attorney Barry assisted the accused in answering questions from the investigating officer and advised her for the duration of her investigation. Ultimately, she was unflagged with no adverse action taken.
May 2022: The Accused faced a determination that the gunshot wound he received was not in the line of duty due to his own misconduct.
Result: Determination changed to in the line of duty.
The Accused, an Army PFC, sustained a gunshot wound to his leg. The investigation determined that the wound was due to his own misconduct. Attorney Gittleman submitted a rebuttal on the Accused’s behalf, as well as a witness statement, showing that it was not misconduct. The determination was changed to state the wound was received in the line of duty.
May 2022: The accused was under investigation for driving while intoxicated
Result: No separation initiated; retirement protected
The accused, a SFC with over 18 years, was under investigation for driving while intoxicated during a TDY. Attorney Barry assisted the accused with his GOMOR Rebuttal, collecting eye witness statements, credit card receipts, restaurant menus, and the breathalyzer test which showed that the machine was not calibrated properly. While the Commanding General still filed the reprimand in the accused's permanent file, he did not initiate separation. The accused will retire with full benefits.
April 2022: The accused was under investigation for Desertion
Result: No adverse action taken
The accused was under investigation for deserting his unit more than a decade prior. Attorney Barry negotiated with the prosecutors, ultimately determining that the Command could not prove the allegations. An agreement was ultimately reached and the accused faced no adverse action.
March 2022: The accused was under investigation for counterproductive leadership
Result: Unflagged and Adverse Findings Disapproved
The accused, an Army Major, was under investigation for counterproductive leadership and for making derogatory comments. Attorney Barry assisted the accused in his investigation rebuttal, ultimately convincing the Commanding General to disapprove the adverse findings and to return the investigation back down to the COL level. The accused faced no adverse action.
March 2022: The accused was under investigation for driving while intoxicated
Result: Separation not Initiated
The accused, a MSG, was under investigation after the General found out about a DUI arrest that occurred months earlier. Although a GOMOR was received and filed in the accused's OMPF, the Command did not initiate separation, therefore ensuring that the accused was going to retire as an E8. The accused achieved his desired outcome.
March 2022: The accused was under investigation for counterproductive leadership and sexual harrassment
Result: Unflagged and the accused allowed to retire with full benefits
The accused, a retirement eligible E7 in the Army, was under investigation for counterproductive leadership and sexual harassment. The accused received a GOMOR, and Attorney Barry assisted the accused with a thorough and lengthy rebuttal. Although the GOMOR was filed permanently, the Command was convinced to not initiate separation. The accused will continue to serve until she decides to retire.
February 2022: The accused was under investigation for the alleged rape of his stepdaugther
Result: Unflagged, no adverse action taken from the military, and the accused allowed to retire with full benefits
The accused, a senior E7 in the Army, was under investigation for eight months for the alleged rape of his stepdaughter. Attorney Willard advised the accused for the duration of the investigation, and he was eventually unflagged and allowed to retire without court-martial or initiation of separation. The accused maintained his full retirement benefits as an E7.
January 2022: The accused was under investigation for having an inappropriate relationship with a trainee
Result: Retained as a Drill Sergeant
The accused, a drill sergeant, was under investigation for having an inappropriate relationship with a trainee. Attorney Barry drafted a rebuttal, ultimately convincing his Brigade Commander to retain him as a drill sergeant and only issue a local letter of concern.
January 2022: The accused was under investigation for plagiarism
Result: Unflagged and allowed to graduate
The accused, a senior field grade officer and student at the U.S. Army War College, was under investigation for plagiarism. Attorney Barry was retained after an Academic Review Board recommended disenrollment. Attorney Barry assisted the accused in drafting a lengthy appeal and prepare for a sit-down with the Commandant. Ultimately, the Commandant agreed with Attorney Barry, and the accused was allowed to graduate.
December 2021: The accused was under investigation for two instances of workplace misconduct
Result: Unflagged and no adverse action taken
The accused, an Army LTC, was under investigation and suspended from his position pending a 15-6 investigation for workplace misconduct. Attorney Barry drafted two extensive rebuttals to the investigations, ultimately resulting in the accused being unflagged and returned to his position without any adverse action taken.
November 2021: The accused was under investigation for sexual assault
Result: Unflagged and no adverse action taken
The accused was under CID investigation for sexual assault. Attorney Barry advised the accused for the duration of the investigation and coordinated with CID and the Prosecutor to provide favorable evidence. Ultimately, the accused was unflagged and allowed to re-enlist and continue his career.
November 2021: The accused was under investigation for abusive sexual contact and sexual harassment
Result: The accused was allowed to continue to serve without a separation board
The accused, an E9 in the Army, was under multiple investigations for abusive sexual contact and sexual harassment. Attorney Barry advised the accused for the duration of all investigations. Ultimately, the abusive sexual contact allegations were unsubstantiated. Attorney Barry assisted the accused with a lengthy rebuttal to the sexual harassment allegations, and he was eventually unflagged and allowed to continue to serve without the initiation of separation. The accused maintained his retirement benefits as an E9.
November 2021: The accused was under investigation for unapproved international travel, security violations, maltreatment of his subordinates, and making disparaging/offensive comments against females
Result: Allowed to Continue to Serve without Facing Elimination
The accused, a company commander, faced allegations of unapproved international travel, security violations, maltreatment of his subordinates, as well as making disparaging and other offensive remarks against females. Attorney Willard worked with the accused to collect evidence, as well as numerous support letters from senior commanders, to present a strong case for the accused before the Commanding General. Although the CG ultimately filed a GOMOR permanently, the matters submitted on the accused’s behalf convinced his local command not to initiate elimination proceedings, and the accused continues to serve with his unit.
November 2021: The accused was under investigation for domestic violence
Result: No adverse action taken
The accused, a Captain in the Army, was under investigation for a domestic violence incident. Attorney Barry advised him for the duration of the investigation, as the accused provided his Command and DoD CAF (Security Clearance) with the appropriate information. Ultimately, the accused was never flagged and no adverse action was taken against him.
November 2021: The accused was under investigation for sexual assault of a minor
Result: Unflagged and no adverse action taken
The accused was under a CID investigation for sexual assault of a minor. Attorney Barry advised the accused for the duration of the investigation. Ultimately, because the accused took the right steps during the investigation, he was unflagged with no adverse action taken against him.
October 2021: The accused was under investigation for forgery and false official statement
Result: Unflagged and no adverse action taken
The accused, a Commissioned Officer, was under investigation for false official statement and forgery. Attorney Willard advised the accused for the duration of the investigation and assisted him in providing evidence and a response to the command, ultimately persuading the command that the accused was innocent of all allegations. The accused was cleared of all wrongdoing and unflagged with no adverse action taken
October 2021: The accused was under investigation for sending sexually charged text messages to multiple women in his organization
Result: The accused was allowed to continue to serve without a board of inquiry or a letter of reprimand in his AMHRR
The accused, an Army Major, was under investigation for allegedly sending sexually charged text messages to multiple women in his organization. Attorney Barry drafted a lengthy and thorough response to the 15-6 Investigation, ultimately resulting in no letter of reprimand being filed in the accused's AMHRR and no initiation of elimination.
September 2021: The accused was under CID investigation for sexual abuse of a child
Result: Unflagged and no adverse action taken
The accused, a Warrant Officer, was under investigation by Army CID for sexual abuse of a child. Attorney Barry advised the accused for the duration of the investigation and assisted him in providing evidence of his innocence to CID. Ultimately, he was unflagged with no adverse action taken. A no probable cause opinion was returned by the prosecutor's office.
August 2021: The accused was under investigation for Driving While Intoxicated
Result: Unflagged without facing separation
The accused, a senior SFC, was reprimanded for driving while intoxicated after a single-car crash and for refusing a breathalyzer test. Attorney Barry assisted the accused in his reprimand rebuttal, ultimately convincing the chain of command to not even initiate separation, an uncommon occurrence. Attorney Barry also convinced the command to remove the accused's bar to reenlistment. The accused was unflagged and changed units, for a fresh start.
July 2021: The Accused faced a medical credentialing revocation
Result: Credentials retained
The Accused, an Army Major, faced the revocation of her medical provider credentials. Attorney Gittleman submitted matters of mitigation on behalf of the accused, explaining that she suffered from a previously unknown but now treated condition. Her credentials were not revoked.
July 2021: The accused was under investigation for toxic leadership
Result: The accused was allowed to continue to serve without a board of inquiry
The accused, an Army Captain and the OIC of a health clinic, was under investigation for toxic leadership. More than one of her subordinates wrote a statement corroborating the allegations. Attorney Barry assisted the accused with her response, ultimately persuading the Command to issue a reprimand that was not filed in her OMPF. The accused was allowed to continue through the medical evaluation board process without having to face elimination for misconduct/substandard performance of duty.
July 2021: The accused was under investigation for cheating on exams
Result: Unflagged and no adverse action taken
The accused, an Officer at BOLC, was under investigation for cheating during exams. Attorney Barry provided legal advice during the investigation, ultimately leading to the accused being unflagged with no adverse action taken.
June 2021: The accused was under investigation for falsifying awards, adultery, and possible BAH fraud
Result: Unflagged and No adverse action taken
The accused was under investigation for falsifying awards, adultery, and possible BAH fraud. Attorney Barry coordinated with the investigating officer and assisted the accused in his responses. No adverse action was taken as a result of the investigation.
May 2021: The accused was under investigation for allowing Soldiers to abuse alcohol in his unit
Result: The accused left the military voluntarily and honorably
The accused, a Company Commander, was under investigation for allegedly allowing his subordinates to abuse alcohol. Attorney Barry assisted him during the investigation, and for several follow-on actions. Ultimately, elimination was not initiated and he was allowed to ETS with an Honorable Discharge and normal DD214.
April 2021: The accused was under investigation for alleged racist comments
Result: Allegation unsubstantiated
The accused was under investigation for alleged racist comments. Attorney Barry assisted the accused in making his statement to the investigating officer and advised him for the duration of the investigation, ultimately leading to the allegations being unsubstantiated.
April 2021: The accused was under CID Investigation for Abusive Sexual Contact
Result: Unflagged and no adverse action taken
The accused was under CID investigation for Abusive Sexual Contact. Attorney Barry was retained and the accused was ultimately unflagged with no adverse action taken against him. He was allowed to continue his Army career.
April 2021: The accused was flagged by HRC after being selected for promotion to Major
Result: Unflagged and promoted
The accused was flagged by HRC after being selected for promotion to Major. Attorney Barry assisted her with her response to the promotion review board, ultimately resulting in the board unflagging her. She was promoted to Major and awarded back-pay
March 2021: the accused was under investigation for falsifying training records and not completing annual training requirements
Result: The accused was unflagged and allowed to continue to serve
The accused, a retirement eligible Major, was under investigation after a DoD IG Complaint was filed against him. Attorney Barry advised him during the investigation, providing advice that ultimately resulted in him being unflagged with no adverse action taken against him. The accused was allowed to retire on schedule.
February 2021: The accused was under investigation for sexual harassment, acting inappropriately, and having inappropriate relationships with Soldiers
Result: The accused was allowed to continue to serve without a board of inquiry
The accused, a Major who served for over 17 years, was under investigation for his conduct while on a deployment. Attorney Barry assisted the accused from the beginning of the investigation, preparing a multitude of responses for a variety of actions. Ultimately, the accused was allowed to continue to serve without a Board of Inquiry, almost assuring he would reach 20 years of Service.
January 2021: The accused was under investigation for showing his Soldiers nude photos and making lewd comments
Result: The accused was allowed to continue to serve without a board of inquiry
The accused, a Company Commander, was under investigation for showing his Soldiers nude photos and making lewd comments. Attorney Barry assisted the accused with his multiple responses that he had to submit, ultimately mitigating the misconduct to the point that a board of inquiry was not initiated.
December 2020: The accused was under investigation for soliciting gifts from various organizations while deployed
Result: The accused was allowed to continue to serve without a board of inquiry
The accused, a Company Commander, was under investigation for soliciting gifts from various organizations while deployed. Attorney Barry assisted the accused in responding to multiple adverse actions administered by the chain of command. Ultimately, the Command allowed the accused to redeploy without initiating a board of inquiry, allowing him to continue to serve without facing elimination.
October 2020: The accused was under investigation for having an inappropriate relationship and sexual harassment
Result: The accused was allowed to continue to serve without a board of inquiry
The accused, a MAJ with close to 18 years of service, was under investigation for having an inappropriate relationship and for sexual harassment. Attorney Barry assisted the accused in responding to the investigating officer's questions, submitting a rebuttal to the investigation, and a follow-on adverse action from the chain of command. Ultimately, some of the allegations were unsubstantiated and the accused's responses convinced the Command to allow him to continue to serve without having to face elimination.
August 2020: The accused was under investigation for her political activities and for violating the COVID-19 stop-move order
Result: The accused was exonerated on all allegations except for one General Article 134 offense; elimination was not initiated and the accused continued her career
The accused was unjustly under investigation because the Command did not agree with her political views. Attorney Barry successfully advocated on her behalf, ultimately convincing the Commanding General that she could not be punished for her political views and that she did not violate the COVID-19 stop-move order. The accused was allowed to continue her military career.
August 2020: The accused was under investigation for failing to report a negligent discharge and other misconduct within his Command
Result: The accused was allowed to continue to serve without a board of inquiry
The accused, a Company Commander, was under investigation for failing to report a negligent discharge and other misconduct within his Command. Attorney Barry assisting the accused in responding to the investigation, ultimately convincing the Chain of Command and Commanding General to allow the accused to continue to serve. The accused was allowed to PCS without being forced to face a board of inquiry.
January 2019: The accused, a combat surgeon and senior leader, was under investigation for allegedly having a toxic command climate while forward deployed to an active combat zone.
Result: No punishment, no bad evaluation, no letter of reprimand, unflagged and allowed to continue to serve with no bad paper in her file.
Attorney Barry worked with the accused to provide multiple written responses to the investigating officer and command. He also gathered multiple witness statements demonstrating the bias of the investigation and that multiple people lied in their sworn statements because they had professional disagreements with the accused. Attorney Barry also personally advocated to the accused’s Brigade Commander.
August 2018: The accused, the unit chaplain, was under investigation for allegedly having a sexual relationship with a Soldier’s wife.
Result: The accused was allowed to separate with an Honorable Discharge and full benefits.
Attorney Barry met with the accused multiple times and advised him throughout the duration of the investigation and subsequent separation action. Attorney Barry effectively assessed the situation, out-maneuvering the Command and finding an alternative discharge for the accused before the Command could carry out an unjust action.
June 2018: The accused, a Sergeant Major, was under investigation for alleged sexual harassment.
Result: No punishment, the accused was unflagged and allowed to continue to serve.
Attorney Barry helped the accused respond to the investigating officer, successfully demonstrating that the complaining witness was exaggerating what happened because she was upset that the accused did not recommend her to go on a deployment.