U.S. Army v. E-3

This case turned out to be yet another alcohol infused barracks sex case. The alleged victim invited my client to a party. He originally did not wish to go. Yet, his neighbor a few doors down insisted by banging on his door till my client woke up. He woke, dressed and reluctantly went to the party. He had a few drinks.

At some point, the alleged victim decided she needed to check on a friend. The friend had left early…in fact, the whole reason for the party was to celebrate that friend’s birthday. So the alleged victim and my client go first to get her aid bag from her car. On the way, they stopped at her boyfriends room. He was not happy with his girlfriend and they had a mild argument. Then the alleged victim and my client go to her car, obtain her aid bag and return to the friends room wherein she administers a saline bag to her friend. The other party goers decide to show up to the friends room wherein they do drunk pullups and play video games.

Eventually the whole party goes back up stairs. There are discussions about where the alleged victim would sleep. The party room owner wanted her to stay with him. She stated she was going to sleep in my clients barracks room. She followed my client to his room. She laid down in his bed while he laid on the floor. She invited him to the bed wherein they began to kiss eventually leading to a sexual interaction.

The next day, she left. People started inquiring what happened between her and my client that night. She asked my client to keep quiet. On several occasions she drove him to the store, a softball game and the commissary among other places. Eventually, she decided to falsify a report of sexual assault.

Later on, as time passed, she ended up breaking up with the boyfriend and marrying the individual who hosted the aforementioned party.

The alleged victim testified at the board and I exposed all of her lies, inconsistent behavior and motives to fabricate. This PFC was retained and is now moving on to Ranger School.

U.S. Army E-3 Administrative Separation Board – Case FAQ

1. What were the circumstances of the U.S. Army E-3 Administrative Separation Board case involving an allegation of sexual assault, and why was separation considered?
This case centered on an E-3 soldier accused of sexual assault after an alcohol-fueled barracks party. The Board of Inquiry was convened to determine whether he should be separated from service. The evidence showed that the allegation was based on false reporting rather than misconduct, and the Board found no basis to separate.

2. How did the events at the barracks party lead to the allegation of sexual assault against the soldier?
The alleged victim invited the soldier to the party. After drinking, she later followed him to his room, chose to lie down in his bed, and invited him to join her. They engaged in consensual kissing and sexual activity. The following day, she asked him to remain quiet about what happened, but later fabricated a report.

3. What role did the alleged victim’s behavior before and after the night in question play in the outcome of the case?
The alleged victim continued to interact with the soldier after the incident, driving him to various places such as the commissary, softball games, and the store. Her behavior contradicted her later claims and exposed inconsistencies that undermined her credibility during the hearing.

4. Why was the testimony of the alleged victim at the Administrative Separation Board considered unreliable?
During the Board proceedings, the alleged victim’s testimony was cross-examined and shown to contain multiple lies, contradictions, and shifting motives. Her credibility collapsed under scrutiny, making the allegations unsustainable.

5. How did the defense show that the allegation was fabricated rather than supported by credible evidence?
Through detailed cross-examination, the defense exposed the alleged victim’s inconsistent behavior, her request for secrecy after the event, and her continued voluntary association with the soldier. These factors demonstrated that the accusation was false and motivated by other personal issues.

6. What was the ultimate decision of the Administrative Separation Board regarding the E-3 soldier accused of sexual assault?
The Board found no grounds to separate the soldier. He was retained in service, confirming that the evidence did not support the allegation and that the defense successfully proved the accusation false.

7. How did the outcome of the Board of Inquiry impact the soldier’s future in the Army?
The soldier was retained and cleared to continue his career. He is now preparing to move forward with Ranger School, highlighting that the Board’s decision preserved his opportunities for advancement.

Protect Your Military Career

This case demonstrates how an Administrative Separation Board can be won even when facing serious allegations such as sexual assault. The E-3 soldier in this case was able to remain in service because the facts, testimony, and inconsistencies were presented clearly and effectively. His retention shows that false allegations can be challenged successfully when the defense is handled properly.

Attorney Joseph L. Jordan is a former Army prosecutor who has represented service members worldwide in court-martials, administrative separation boards, and adverse action hearings. He understands the military justice system from both perspectives and brings over a decade of experience to defending Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen.

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