US V. 0-5 – US ARMY RECRUITING COMMAND (REFERRED 15-6 INVESTIGATION)
Client received a referred 15-6 investigation report. This referred report was given in spite of the fact that the investigation officer had opined there was no substantiation to any of the claims made against our client. He was forced to respond to allegations of equal opportunity violations, discrimination and failure to follow a superior officer’s orders. Our client was the commander of a recruiting battalion at the time. He had a very troubled executive officer (XO). His XO was going through some significant family issues and our client thought it best that he be removed from the position in order for the XO to better handle his personal issues. The XO took issue with this and filed a number of unsubstantiated complaints against our client. Further, during the midst of all of this, our client’s commander was replaced by a new commander who gave unclear and ambiguous advice. This unclear and ambiguous advice was the basis for an unsubstantiated claim of failing to follow a superior officer’s orders. We took the time to interview all of the pertinent witnesses to this 15-6 investigation. We also interviewed the investigating officer. We obtained a statement from him where he told us he actually visited the Command in question to asses for himself. His conclusions were that while our client was a hardnosed Commander with high standards, there was no misconduct and that the Command was extremely well run. We provided a personal statement and an in depth legal review on behalf of our client and the Commanding General threw out the investigation.