Investigation Case Results

Our Case Results

Below are summaries of cases that Attorneys Barry and Willard have worked on. Results cannot be guaranteed and each case’s results depend on its specific facts and circumstances. Contact us today for a free case consultation on your specific case!

Investigation Case Results

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 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 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.