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UCMJ 112A Elements
Wrongful possession of controlled substance.
Wrongful distribution of controlled substance.
Wrongful possession of controlled substance.
ELEMENTS:
(1) That the accused possessed a certain amount of
a controlled substance; and
(2) That the possession by the accused was wrongful.
Wrongful use of controlled substance.
Wrongful distribution of controlled substance.
Wrongful possession of controlled substance.
ELEMENTS:
(1) That the accused used a controlled substance;
and
(2) That the use by the accused was wrongful.
Wrongful distribution of controlled substance.
Wrongful distribution of controlled substance.
Wrongful distribution of controlled substance.
ELEMENTS:
(a) That the accused distributed a certain amount of a controlled substance; and
(b) That the distribution by the accused was wrongful.
Officer Retention
An officer tested positive for MDMA, Cocaine and Ecstasy. The officer received a General Officer Memorandum of Reprimand and was recommended for elimination. Developed very powerful and compelling evidence in rebuttal, mitigation and extenuation. After approximately 2 hours of deliberations, the elimination board recommended to retain the officer.
Discharge Upgrade
Naval Discharge Review Board decision docket number MD21-00680. Service member received Article 15 UCMJ for violating Article 112a UCMJ, summary court martial, and additional punishment for a DUI. Service member was discharged with an other than honorable characterization of service. Represented Client during the paper submission and a hearing. The Naval Discharge Review Board decided to upgrade the characterization of service go general under honorable conditions and change the narrative reason for separation to ‘Secretarial Authority’
ROTC Retention
ROTC Cadet tested positive for illegal substance abuse. Carefully analyzed all facts and circumstances relating to the Article 112a UCMJ elements and developed evidence in rebuttal, mitigation, and extenuation. Result: Cadet was retained but later experienced security clearance issues
Lawsuit
Service member separated with an other than honorable characterization of service for drug use. Analyzed all evidence and recommended to file a lawsuit. Result: Client’s characterization of service was changed to ‘honorable’ and re-entry code to ‘RE1’, narrative reason for separation did not indicate any misconduct.
Discharge Upgrade
Naval Discharge Review Board decision docket number ND23-6323. Service member was separated from active duty for substance abuse with a general discharge. Service member petitioned the Naval Discharge Review Board to upgrade his discharge. Carefully analyzed all evidence and discovered that in addition to insufficient evidence there were due process violations. The Naval Discharge Review Board upgraded the characterization of discharge to honorable, RE1 and changed the narrative reason for separation