Officer Separation Case Results

Our Case Results

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

Officer Separation Case Results

September 2022: The Command initiated separation for allegedly not reporting a sexual assault and for sexual harassment

Result: Allegations Unsubstantiated; Retained

The Command initiated separation against the accused, an Army CPT, for allegedly not reporting a sexual assault and for sexual harassment allegations from over 8 years prior.  Attorney Barry effectively defended the allegations at the Board of Inquiry, presenting clear evidence that the accused did not fail to report a sexual assault allegation and that he became the scape goat for the unit's failure.  After 15-hour Board of Inquiry, the allegations were unsubstantiated after less than 30 minutes of deliberation.

September 2022: The Command initiated separation for saying a homophobic term to a gate guard

Result: Retained

The Command initiated separation against the accused, an Army CPT, for saying a homophobic term to a gate guard.  The accused retained Attorney Barry after already receiving a permanently filed GOMOR.  Attorney Barry assisted the accused with his rebuttal to the Officer Elimination Action, highlighting his combat experience and pending medical evaluation board for PTSD. Furthermore, Attorney Barry demonstrated how the accused's PTSD directly related to his admitted mistake.  The accused's Command ultimately dropped the Officer Elimination Action, allowing the accused to Medically Retire without waiting months for the Secretary of the Army to take action.

September 2022: The Command initiated separation because of a positive drug test

Result: Retained without a Board of Inquiry

The Command initiated separation against the accused, an Army CW5, after a positive drug test.  After Attorney Barry assisted the accused with her GOMOR Rebuttal, the GOMOR itself was rescinded. Attorney Barry also drafted a response to the initiation of elimination, explaining how the Commanding General could close-out the elimination action without a Board of Inquiry because he was the one that initiated it. The chain of command agreed with Attorney Barry, ultimately resulting in a retention without referral to a Board of Inquiry.

September 2022: The Command initiated separation for a pattern of misconduct, lying, and receiving a GOMOR

Result: Honorable Discharge

The Command initiated separation against the accused, an Army Captain, for a pattern of misconduct, lying, and receiving a GOMOR.  Attorney Barry drafted a conditional resignation in lieu of elimination for the accused, effectively arguing that the misconduct was incredibly minor.  The accused was happy to leave the Army, but would only do so if he received an Honorable Discharge.  Attorney Barry's memo persuaded the chain of command and resulted in an Honorable Discharge for the accused.

August 2022: HRC initiated elimination for conduct unbecoming an officer

Result: Retained

HRC initiated elimination against the accused, an Army CPT and Veterinarian, for conduct unbecoming and a for relief for cause OER relating to counterproductive leadership.  Attorney Barry gathered additional evidence and witnesses for the accused, demonstrating that the accused incorporated the lessons learned from being relieved as an OIC and had value added to the Army in the future.  Despite a subsequent GOMOR that the accused received, the Board agreed with Attorney Barry and she was retained and allowed to continue to serve.

August 2022: The accused's Command initiated separation for adultering a urine sample, failing to provide a timely urine sample, and multiple failures to report

Result: 1/3 Allegations Unsubstantiated; Honorable Discharge

The accused's Command initiated separation against the accused for allegedly adultering a urine sample, failing to provide a timely urine sample, and multiple failures to report.  The Command advocated for the accused to be separated with an other than honorable discharge. Attorney Barry advocated for the accused, collecting numerous letters of support and medical records, ultimately leading to one allegation being unsubstantiated and the accused receiving an Honorable Discharge, which was his goal.

August 2022: The Command initiated elimination against the accused for possessing and viewing child pornography

Result: Accused allowed to Retire 

The Command initiated elimination against the accused, an Army CPT, for possessing and viewing child pornography.  TDS tried to convince the accused to simply resign; however, Attorney Barry knew that the accused's retirement was federally protected and advised the accused to submit a retirement in lieu of elimination. Ultimately, his retirement was approved at the rank of 1LT and he was allowed to retire with full benefits, despite an on-going federal trial.

June 2022: HRC initiated elimination for conduct unbecoming an officer

Result: Elimination Action Terminated without a Board of Inquiry

HRC initiated elimination against the accused, an Army LTC with almost 20 years of service. Attorney Barry advocated to the Commanding General and HRC, ultimately convincing them to terminate the Officer Elimination Action without referral to Board of Inquiry.

May 2022: The accused's Command initiated Separation for Alleged Theft

Result: Allegations Unsubstantiated; Retained

In a case that gathered media attention from the Army Times, the Command initiated separation against the accused, an Army doctor and COL, for alleged theft.  Attorney Barry effectively gathered additional evidence and advocated to a board of three General Officers on behalf of the accused. Ultimately, the allegations were unsubstantiated and the accused was retained.

May 2022: The accused's Command initiated separation for sexual harassment and for having an inappropriate relationship with an NCO

Result: Honorable Discharge

The Command initiated separation against the accused, a 1LT, for sexual harassment and for having an inappropriate relationship with an NCO.  Attorney Barry effectively advocated on behalf of the accused, convincing HRC to disagree with the Commanding General and issue an Honorable Discharge.

February 2022: The accused's Command initiated separation for alleged abusive sexual contact and conduct unbecoming

Result: Medically Retired with full VA Benefits

The Command initiated separation against an accused for his alleged behavior while intoxicated at a West Point alumni event.  Attorney Barry assisted the accused with numerous written responses, ultimately convincing the Secretary of the Army to medically retire the accused instead of elimination for misconduct. The accused was formally retired as a CPT with full retirement benefits.

January 2022: The accused's Command initiated separation for engaging in extramarital sexual conduct, displaying a willingness to be dishonest to protect himself, and conduct unbecoming an officer

Result: Honorable Discharge; all VA Benefits maintained

The Command attempted to give the accused an Other than Honorable (OTH) discharge after the accused had self-reported his own alleged misconduct that formed the basis for the board of inquiry.  Attorney Willard got involved and presented an effective case on the accused's behalf where several senior leaders testified for the accused before the board of senior officers.  Ultimately, the accused receive an Honorable discharge and will leave the service with full benefits.

January 2022: The accused's Command initiated elimination because of sexual abuse of a minor, domestic violence, driving while intoxicated, providing alcohol to minors, being drunk on duty on multiple occasions, theft, and multiple failures to report

Result: Serious allegations unsubstantiated; VA Benefits maintained

The accused's Command initiated elimination because of sexual abuse of a minor, domestic violence, driving while intoxicated, providing alcohol to minors, being drunk on duty on multiple occasions, theft, and multiple failures to report.  Attorney Barry presented lengthy written-matters, over 140 pages, which demonstrated that the accused was not guilty of the most serious accusations.  Attorney Barry also effectively advocated for the accused during the Board of Inquiry, even convincing the prosecutor to change his recommendation from "other than honorable" to "general, under honorable conditions." Ultimately, the Board unsubstantiated the sexual abuse of a minor allegation, the domestic violence allegation, and the theft allegation.  The accused was able to maintain his VA benefits.

December 2021: The accused's Command initiated elimination for an alleged extramarital affair

Result: Allegations unsubstantiated; Retained

The accused, an Army 06, faced a Board of Inquiry (consisting of all General Officers) for an alleged extra-marital affair.  Despite a GOMOR already being filed in the accused's AMHRR for the same allegations, Attorney Barry discredited the Government's case and witnesses.  The Board deliberated for less than a half hour and unsubstantiated all allegations. The accused was retained and allowed to continue to serve.

December 2021: The accused’s command initiated elimination because of a GOMOR and referred OER for sexual harassment and conduct unbecoming an officer

Result: Retained

Attorney Willard successfully obtained favorable legal rulings in advance of the board and then effectively advocated before the board members, highlighting the actual alleged misconduct at issue and highlighting the accused’s stellar military record and support from Senior Commissioned and Noncommissioned Officers. The accused was retained and allowed to continue his military service.

November 2021: The accused's Command initiated elimination for engaging in extramarital sexual conduct, having an unauthorized TOPMIS account, conduct unbecoming an officer, and for receiving a GOMOR for his actions

Result: Two of Four Allegations Unsubstantiated; Honorable Discharge with Full Benefits

The command attempted to give the accused an Other Than Honorable (OTH) discharge for the alleged misconduct in his case. Attorney Willard got involved and zealously advocated the accused’s case before the board of senior officers, where two of the four allegations were unsubstantiated.  The accused received an Honorable discharge and left the service with full benefits.

September 2021: HRC Initiated Separation because of a GOMOR for Counterproductive Leadership and Religious Discrimination

Result: Two of three allegations unsubstantiated; Retained

The accused, a Major with close to 16 years of service, was forced to face elimination because of a GOMOR for counterproductive leadership and religious discrimination.  Attorney Barry effectively cross examined and impeached the Government's witnesses and case.  Ultimately, the counterproductive leadership and religious discrimination allegations were unsubstantiated, and the accused was retained.

July 2021: The Command attempted to separate a senior commander because of the results of a command climate survey

Result: Allegations unsubstantiated; retained

In an internationally known case, the Command attempted to separate a senior Army Commander. Attorney Barry effectively defended the allegations, ultimately convincing the Board of Inquiry to retain the accused.  Attorney Barry also convinced the Board to make a special finding, that the accused was not substandard in his performance of duty, essentially indicating that he should not have been removed from Command.

June 2021: The Command Initiated Separation for Allowing Soldiers to Drink Alcohol in the Field

Result: Retained

The Command initiated separation against the accused for allowing his Soldiers to drink alcohol after Gunnery.  Attorney Barry effectively advocated to the Board of Inquiry, highlighting the accused's stellar record and the support of numerous 05s and 06s.  The accused was retained to take a new Command and to continue to serve.

June 2021: The Command Initiated Separation for a General Order Number 1 Violation

Result: Retained

The Command initiated separation for a General Order Number 1 Violation while serving in Poland.  It was a high- visibility case that made world-wide news.  Attorney Barry advised the accused prior to his Board of Inquiry, responding to multiple adverse actions.  Ultimately, Attorney Barry gained the support of the accused's Brigade Commander and one of the Senior Officers involved in the General Order 1 Violation.  The accused was retained by the Board of Inquiry and allowed to continue to serve.

March 2021: The accused's Command initiated separation for having an inappropriate relationship and lying to the investigating officer

Result: Honorable Discharge with Full Benefits

The accused, a Captain, was under investigation after he got in a car accident.  The investigating officer ultimately determined that the accused was having an inappropriate relationship with an NCO and lied about the nature of it when asked.  Attorney Barry successfully advised the accused and advocated to the chain of command, resulting in the accused achieving his goals of leaving the Army with an Honorable Discharge.

February 2021: HRC Initiated Separation against the Accused for Driving while Intoxicated and not reporting his arrest to his chain of command

Result: Honorable Discharge with Full Benefits

After not being promoted to MAJ, HRC initiated elimination against the accused because of a GOMOR in his OMPF.  Attorney Barry effectively mitigated the otherwise serious misconduct (DUI), resulting in the Board of Inquiry recommending an Honorable Discharge.  The Accused kept all VA Benefits.

January 2021: The Command Initiated Separation against the Accused for AWOL and making multiple False Official Statements

Result: Honorably Discharged with Full Benefits

The Command, after issuing a GOMOR and relief for cause OER, initiated elimination against the accused for going AWOL over a three day period and falsifying an APFT and body fat test.  Attorney Barry effectively demonstrated that the accused suffered from multiple mental health conditions that contributed to his misconduct.  Attorney Barry also effectively cross-examined the accused's chain of command, demonstrating that they were completely unaware of the accused's personal struggles and had effectively abandoned him.  The Board ultimately agreed with Attorney Barry, and issued him an Honorable Discharge, despite the serious nature of the accusations.

August 2020: The Command Initiated Separation against the Accused for Child Abuse and Child Neglect

Result: Honorably Discharged with Full Benefits

The accused was reprimanded after a CID investigation for child abuse and child neglect.  Attorney Barry crafted a rebuttal to the reprimand that ultimately convinced the Commanding General to recommend an Honorable Discharge, despite the very serious nature of the accusations.

March 2020: The command initiated separation against the accused for missing movement and several failures to report

Result: Honorably discharged with full benefits

The command attempted to give the accused a General Discharge for very minor misconduct.  Attorney Barry got involved and convinced the Commanding General and Human Resources Command to issue an Honorable Discharge, against the local Command's recommendation.  The accused left the service with full benefits.

February 2020: The Command initiated elimination against the accused for driving under the influence of alcohol, reckless driving, fleeing from police, and for receiving a GOMOR for his actions

Result: Retained

The command initiated elimination against the accused for DUI, reckless driving, fleeing from police, and for receiving a permanently filed GOMOR for his actions. Attorney Willard presented a strong case on behalf of the accused to the board members, which included the testimony for the accused from numerous senior military leaders, and the board voted to retain the accused on active duty despite the serious nature of the allegations against him.

May 2019: The Command initiated elimination based on an allegation that the accused was derelict in his job performance

Result: Retained

The command initiated elimination against the accused, a pilot with 17 years of service and numerous combat deployments, after the command alleged the accused was derelict in his job performance while serving as a supervisor on the ground when a fellow pilot’s aircraft crashed and led to the deaths of two Servicemembers. Attorney Willard effectively investigated the allegation and zealously advocated on the accused’s behalf at the board.  Although the board members recommended elimination with an Honorable discharge, Attorney Willard successfully advocated to the installation commander, which resulted in the accused being retained on active duty in the United States Army.

February 2019: The Command initiated elimination based on an allegation that the accused committed adultery while separated by still legally married

Result: Retained

The command initiated elimination against the accused, a pilot with over seventeen years of service and numerous combat deployments, after an investigation revealed the accused committed adultery a year after being separated from his spouse and the accused received a GOMOR his actions. Attorney Willard successfully advocated to the board for the accused to be retained despite the allegation, and after hearing testimony from the accused and senior leaders of the command who testified on his behalf, the board retained the accused and allowed him to continue service in the United States Army.

February 2019: The command initiated separation against the accused for allegedly committing fraud while moving between states.

Result: Honorably discharged with full benefits.

The accused was given a general officer letter of reprimand and twice passed over for promotion, all occurring before Attorney Barry got involved. The Army then attempted to separated him with an unfavorable discharge prior to his mandatory separation from the Army. Attorney Barry quickly understood that the Army did not have enough time to separate the accused with anything but an honorable discharge and acted appropriately by demanding a separation board.

November 2018: The Command initiated elimination based on allegations that the accused engaged in undue familiarity with her enlisted Soldiers and had an inappropriate relationship with an enlisted Soldier

Result: Allegations unsubstantiated; Retained

The command initiated elimination against the accused after a command climate survey indicated the accused was perceived to have engaged in undue familiarity and an inappropriate relationship with enlisted Soldiers. Attorney Willard effectively investigated the case to unsubstantiate both allegations.  Although the accused did receive a GOMOR for her perceived actions, the same command team who recommended the GOMOR testified on the accused’s behalf for retention, and the board members voted to retain the accused in the Army.

September 2018: The command initiated separation against a retirement eligible accused for alleged domestic violence.

Result: Allegation unsubstantiated, retained and allowed to continue career.

The accused and his wife maintained that nothing physical happened; however, a police officer wrote in the report that the accused hit his wife. The accused was retirement eligible and separation was initiated by the chain of command. Attorney Barry arranged for the accused’s wife to testify and effectively cross examined the police officer, who ultimately admitted he was unsure if the accused ever hit his wife. Attorney Barry also got the police officer to admit that he violated TN law in disclosing the contents of a redacted police report to a non-law enforcement agency.

August 2018: The command initiated separation against the accused for allegedly showing up to formation drunk.

Result: Honorably discharged with full benefits.

Attorney Barry quickly and effectively engaged the chain of command and received support for an honorable discharge instead of a general or other than honorable discharge.

August 2018: The command initiated separation against a retirement eligible accused for alleged domestic violence.

Result: Retained, allowed to medically retire with full benefits.

The accused’s wife was actually the aggressor and an eye witness confirmed this; however, the command unjustly attempted to separate him anyway. The accused was retirement eligible and had an on-going medical board for PTSD; he was a decorated combat veteran. Attorney Barry gathered witnesses and documents demonstrating the accused’s impressive combat career and aggressively cross examined the wife during the separation proceedings.

July 2018: The Command initiated elimination based on an allegation the accused Soldier made a false official statement when submitting his weight tickets

Result: Retained

The accused, a pilot with over fifteen years of service and numerous combat deployments, was accused of submitting false weight tickets for his PCS move. After the presentation of the evidence, the client’s testimony, and with the support of numerous senior commanders, Attorney Willard successfully advocated for the board to retain the accused to allow him to continue his service in the United States Army.

August 2017: The command initiated separation against the accused for allegedly having an inappropriate relationship with her subordinate.

Result: Honorably discharged with full benefits.

The army initiated elimination against the accused and attempted to give her a General Discharge. Attorney Barry drafted a response for the accused that pointed out the legal errors in the investigation, demonstrated sexism in the investigation, and provided statements that rebutted the accusation.