BOI – Board of Inquiry – NO BASIS TO SEPARATE, RETAINED!! (U.S. Army v. MAJ)

U.S. Army v. MAJ (Board of Inquiry)

Board was held out of Fort Douglas, Utah but originated out of Washington State

Our client endured a grueling AR 15-6 investigation where it was founded that he sexually harassed and bullied multiple individuals in his unit. At the board, ten witnesses testified against him. We had to carefully break apart each claim and distill it down to what it really and truly was. None of the claims had teeth to them. Every single individual that had a negative thing to say about our client was from the LGBTQ community. Our client was a devout Christian who was upfront about his faith, but not pushy. During the board, the most aggressive witnesses against our client took the time to make up new allegations on the fly in the board. Two of the witnesses had married each other since the investigation. One of those witnesses was a male NCO and the other witness was a male CPT. These two facts were not revealed to the investigator, but my investigation of this case ferreted that out. I was able to show that they colluded and lied about all of their claims.

At the time of these allegations, the unit was going thru a major transition and new leadership had arrived. The pressure was high. There were many tasks with short deadlines and our client cracked the whip to get things done. Many of the individuals that he dealt with didn’t like how he approached getting things done. He brought an active-duty mentality to the reserve world, and it didn’t mesh very well. The interesting thing about this case was that our client was not removed from his position after the founded investigation came back. In fact, he was given greater responsibility. I effectively argued that this is the best evidence that he has the trust and faith of his leadership. We carefully unpacked each allegation on the road to victory.

The board not only voted to retain our client, but they stated that there was NO BASIS to separate. This is a fantastic finding as it completely invalidates the finding of the AR 15-6 investigation.




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