Military law practice areas
Since 1973, the firm has specialized in the following major practice areas:
The Advantages of working with the firm
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Gary Myers, the firm's founder is one of the most knowledgeable civilian military lawyers in America. For over 47 years, Mr. Myers has dedicated his life and his legal practice to the representation of men and women in every branch of the military and in every area of military law. Mr. Myers has tried court-martial cases in every service involving virtually every crime under the UCMJ. He represents service members in courts-martial, separation boards, before the boards for correction of military records, discharge review boards, medical evaluation boards, and in the federal courts.
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Daniel Conway, over the last decade, is one of the leading court-martial attorneys in the country. With over 200 contested cases to his credit, he has an established record of success in court. A former Marine, Mr. Conway co-authored a book on Military Crimes and Defenses. He represents members of all branches in court-martials, court-martial appeals, administrative separation boards, officer boards of inquiry, and before the Board for Correction of Military Records.
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Our results are proven
We have five decades of experience and contacts to build upon. Here are some of our most recent successes:
All cases are unique. Success in one case does not guarantee success in another. We do not guarantee outcomes. Not every result is posted. Contact us for more information about cases.
20 September 2018 - Board of Inquiry - Mr. Conway represented an officer accused of sexual assault and fraternization. There was a no probable cause finding by law enforcement for the Article 120 accusations. A board of inquiry recommended elimination from the service with an Honorable characterization for the fraternization charges.
13 September 2018 - Article 120 Investigation - Law enforcement found an Article 120 investigation unsubstantiated. For our part, we interviewed witnesses to a party and intervened with law enforcement and the government to cooperate in a manner that lead to the allegations being unsubstantiated.
12 September 2018 - News. Mr. Conway was quoted as an expert on military law in the Task and Purpose Article "Pioneering Female Infantry Marine Kicked Out of the Corps for Fraternization."
27 August 2018 - ARTICLE 120 - MIXED FINDING OF NOT GUILTY. Mr. Conway represented an Airman at Randolph AFB, San Antonio, Texas accused of sexual abuse of a child. There were mixed charges with the most serious being forcible oral sex and the remaining involving touching through clothing. A jury found the Airman not guilty of forcing the child to perform oral sex.
9 July 2018 - COURT OF CRIMINAL APPEALS REVERSAL. Mr. Pristera obtained additional post-trial hearings for a Soldier that pleaded guilty to two specifications where the statute of limitations had expired.
20 June 2018 - DRUGS ADMINISTRATIVE SEPARATION BOARD - MARIJUANA - NO MISCONDUCT. Mr. Pristera successfully argued for an enlisted sailor to be retained on active duty following a positive drug test for marijuana. The sailor tested positive after accidentally ingesting a marijuana brownie, not knowing that the brownies contained marijuana. The board found that no misconduct occurred and that the member should be retained and returned to normal duty.
19 June 2018 - DRUGS ADMINISTRATIVE SEPARATION BOARD - MARIJUANA - HONORABLE DISCHARGE. Mr. Pristera successfully represented a sailor facing administrative separation and an other than honorable characterization of service for use of cocaine. The sailor was separated but was given an Honorable discharge despite the founded drug use. His characterization will enable him to use his Post-9-11 GI Bill as well as his VA Home Loan.
19 June 2018 - DRUGS OFFICER BOARD OF INQUIRY - RETIREMENT IN GRADE. Mr. Conway represented a Marine officer accused of wrongfully using Percoset. The board recommended retiring the officer in grade.
18 June 2018 - INAPPROPRIATE RELATIONSHIP BOARD OF INQUIRY - RETENTION. Mr. Pristera saved the career of a retirement eligible U.S. Army Captain facing administrative elimination for an inappropriate relationship. At the Board of Inquiry, Mr. Pristera successfully argued for retention after presenting detailed evidence of the client’s technical qualifications in a unique field, demonstrating his ongoing value to the Army in his position.
18 June 2018 - CRIMINAL APPEAL - CONVICTION SET ASIDE. Mr. Pristera obtained a full set aside of a conviction for sexual assault for an army warrant officer. Numerous errors with the record of trial and transcript lead the Army Court of Criminal Appeals to conclude that they cannot conduct the required review under article 66. Accordingly, the conviction and sentence were set aside. R.C.M. 1103(f) authorizes a rehearing or approval of the sentence with a maximum sentence being that of a special court martial. No punitive discharge may be approved. This extraordinary result will ultimate require the Army to pay back pay to the member from the date of his conviction.
18 June 2018 - SPECIAL COURT-MARTIAL. Mr. Pristera represented a Coast Guard enlisted member at a Special Court-Martial on charges of distribution of marijuana on base and introduction with intent to distribute. The client was found guilty on the merits due to a surveillance video of the encounter, but Mr. Pristera was able to significantly mitigate the sentence. The member was sentenced to only 15 day’s confinement and a BCD. The government requested 9 Months confinement.
18 June 2018 - DISCHARGE REVIEW BOARD - UPGRADED. Mr. Pristera obtained a discharge upgrade for an Army Lieutenant Colonel. The discharge was upgraded from other than honorable to general, under honorable conditions. The member was discharged for a resignation in lieu of court martial. While these cases can be very tough to win based on the fact that the member requested the discharge at the time of separation, Mr. Pristera was able to argue that the member was not properly afforded his right to counsel, and was prevented fro fully appealing his case due to loss of critical case documents by the government.
18 June 2018 - ARTICLE 120 - DISMISSAL. Mr. Conway represented a Marine accused of sexually assaulting a woman in a bar bathroom. We obtained a favorable result from the Article 32 Investigation. Ultimately, we resolved the case with nonjudicial punishment. Sexual assault charges were dismissed with prejudice.
16 June 2018 - DFAS RECOUPMENT - REMISSION. An Air Force Academy graduate represented by Mr.Myers won reversal of a recoupment action and was awarded remission of $146,000 through application to the Air Force Remissions Board.
7 June 2018 - REPRIMAND - LOCAL FILING. Mr. Pristera obtained the local filing of a reprimand for an Army Major.
21 May 2018 - ARTICLE 120 - NOT GUILTY. Mr. Conway represented an Airman at Lackland AFB. He was accused of two specifications of Abusive Sexual Contact - among other things. He was found not guilty of both specifications of abusive sexual contact. He was found guilty of sexual harassment, but was retained by the panel and given a rank reduction.
3 May 2018 - ARTICLE 128 - NOT GUILTY. Mr. Conway represented a Soldier in Alaska accused of strangling his wife - among other things. After a week long trial, the Soldier was found NOT GUILTY of all charges and specifications.
20 April 2018 - CRIMINAL APPEAL - SET ASIDE. Mr. Conway represented an Airman on appeal before the Air Force Court of Criminal Appeals. On a Hills issue the court set aside the convictions in USCA Dkt. No. 18-0101/AF, Crim. App. No. 39071.
13 September 2018 - Article 120 Investigation - Law enforcement found an Article 120 investigation unsubstantiated. For our part, we interviewed witnesses to a party and intervened with law enforcement and the government to cooperate in a manner that lead to the allegations being unsubstantiated.
12 September 2018 - News. Mr. Conway was quoted as an expert on military law in the Task and Purpose Article "Pioneering Female Infantry Marine Kicked Out of the Corps for Fraternization."
27 August 2018 - ARTICLE 120 - MIXED FINDING OF NOT GUILTY. Mr. Conway represented an Airman at Randolph AFB, San Antonio, Texas accused of sexual abuse of a child. There were mixed charges with the most serious being forcible oral sex and the remaining involving touching through clothing. A jury found the Airman not guilty of forcing the child to perform oral sex.
9 July 2018 - COURT OF CRIMINAL APPEALS REVERSAL. Mr. Pristera obtained additional post-trial hearings for a Soldier that pleaded guilty to two specifications where the statute of limitations had expired.
20 June 2018 - DRUGS ADMINISTRATIVE SEPARATION BOARD - MARIJUANA - NO MISCONDUCT. Mr. Pristera successfully argued for an enlisted sailor to be retained on active duty following a positive drug test for marijuana. The sailor tested positive after accidentally ingesting a marijuana brownie, not knowing that the brownies contained marijuana. The board found that no misconduct occurred and that the member should be retained and returned to normal duty.
19 June 2018 - DRUGS ADMINISTRATIVE SEPARATION BOARD - MARIJUANA - HONORABLE DISCHARGE. Mr. Pristera successfully represented a sailor facing administrative separation and an other than honorable characterization of service for use of cocaine. The sailor was separated but was given an Honorable discharge despite the founded drug use. His characterization will enable him to use his Post-9-11 GI Bill as well as his VA Home Loan.
19 June 2018 - DRUGS OFFICER BOARD OF INQUIRY - RETIREMENT IN GRADE. Mr. Conway represented a Marine officer accused of wrongfully using Percoset. The board recommended retiring the officer in grade.
18 June 2018 - INAPPROPRIATE RELATIONSHIP BOARD OF INQUIRY - RETENTION. Mr. Pristera saved the career of a retirement eligible U.S. Army Captain facing administrative elimination for an inappropriate relationship. At the Board of Inquiry, Mr. Pristera successfully argued for retention after presenting detailed evidence of the client’s technical qualifications in a unique field, demonstrating his ongoing value to the Army in his position.
18 June 2018 - CRIMINAL APPEAL - CONVICTION SET ASIDE. Mr. Pristera obtained a full set aside of a conviction for sexual assault for an army warrant officer. Numerous errors with the record of trial and transcript lead the Army Court of Criminal Appeals to conclude that they cannot conduct the required review under article 66. Accordingly, the conviction and sentence were set aside. R.C.M. 1103(f) authorizes a rehearing or approval of the sentence with a maximum sentence being that of a special court martial. No punitive discharge may be approved. This extraordinary result will ultimate require the Army to pay back pay to the member from the date of his conviction.
18 June 2018 - SPECIAL COURT-MARTIAL. Mr. Pristera represented a Coast Guard enlisted member at a Special Court-Martial on charges of distribution of marijuana on base and introduction with intent to distribute. The client was found guilty on the merits due to a surveillance video of the encounter, but Mr. Pristera was able to significantly mitigate the sentence. The member was sentenced to only 15 day’s confinement and a BCD. The government requested 9 Months confinement.
18 June 2018 - DISCHARGE REVIEW BOARD - UPGRADED. Mr. Pristera obtained a discharge upgrade for an Army Lieutenant Colonel. The discharge was upgraded from other than honorable to general, under honorable conditions. The member was discharged for a resignation in lieu of court martial. While these cases can be very tough to win based on the fact that the member requested the discharge at the time of separation, Mr. Pristera was able to argue that the member was not properly afforded his right to counsel, and was prevented fro fully appealing his case due to loss of critical case documents by the government.
18 June 2018 - ARTICLE 120 - DISMISSAL. Mr. Conway represented a Marine accused of sexually assaulting a woman in a bar bathroom. We obtained a favorable result from the Article 32 Investigation. Ultimately, we resolved the case with nonjudicial punishment. Sexual assault charges were dismissed with prejudice.
16 June 2018 - DFAS RECOUPMENT - REMISSION. An Air Force Academy graduate represented by Mr.Myers won reversal of a recoupment action and was awarded remission of $146,000 through application to the Air Force Remissions Board.
7 June 2018 - REPRIMAND - LOCAL FILING. Mr. Pristera obtained the local filing of a reprimand for an Army Major.
21 May 2018 - ARTICLE 120 - NOT GUILTY. Mr. Conway represented an Airman at Lackland AFB. He was accused of two specifications of Abusive Sexual Contact - among other things. He was found not guilty of both specifications of abusive sexual contact. He was found guilty of sexual harassment, but was retained by the panel and given a rank reduction.
3 May 2018 - ARTICLE 128 - NOT GUILTY. Mr. Conway represented a Soldier in Alaska accused of strangling his wife - among other things. After a week long trial, the Soldier was found NOT GUILTY of all charges and specifications.
20 April 2018 - CRIMINAL APPEAL - SET ASIDE. Mr. Conway represented an Airman on appeal before the Air Force Court of Criminal Appeals. On a Hills issue the court set aside the convictions in USCA Dkt. No. 18-0101/AF, Crim. App. No. 39071.
The Brief
Up-to-date news and insights written for individuals navigating the military justice system.
23 June 2018 - Court of Appeals for the Armed Forces Rules that Retired Sailors and Marines can Receive a Punitive Discharge
22 June 2018 - Supreme Court Affirms Reasonable Expectation of Privacy in Cell-Site Location Information
21 June 2018 - Army and Marine Corps Pause Drug Cases Because of Experiment Showing Potential for Error at the Drug Labs
20 June 2018 - Brady Notice - Experiment Showing Potential for Error at the Military Drug Labs
26 July 2017 - Air Force Court of Criminal Appeals Sets Aside Conviction in US v. Silva on the Basis of US v. Hills
24 July 2017 - Board for Correction of Naval Records Accepting Online Applications
12 April 2017 - The Decision Whether or not to Testify
10 April 2017 - What are my Article 31, UCMJ Rights?
19 March 2017 - Strategies for Winning When the Panel is Stacked - Recent Case Law in US v. Bartee
31 January 2017 - How to Revoke a Consent to Search
18 October 2016 - Marijuana, The Military, Innocent Ingestion, and the Pot Brownie Defense
8 June 2016 - Non-prosecution letters in military sexual assault and domestic assault cases
14 March 2016 - ABCMR and ADRB Insights in PTSD Discharge Upgrade Cases
22 June 2018 - Supreme Court Affirms Reasonable Expectation of Privacy in Cell-Site Location Information
21 June 2018 - Army and Marine Corps Pause Drug Cases Because of Experiment Showing Potential for Error at the Drug Labs
20 June 2018 - Brady Notice - Experiment Showing Potential for Error at the Military Drug Labs
26 July 2017 - Air Force Court of Criminal Appeals Sets Aside Conviction in US v. Silva on the Basis of US v. Hills
24 July 2017 - Board for Correction of Naval Records Accepting Online Applications
12 April 2017 - The Decision Whether or not to Testify
10 April 2017 - What are my Article 31, UCMJ Rights?
19 March 2017 - Strategies for Winning When the Panel is Stacked - Recent Case Law in US v. Bartee
31 January 2017 - How to Revoke a Consent to Search
18 October 2016 - Marijuana, The Military, Innocent Ingestion, and the Pot Brownie Defense
8 June 2016 - Non-prosecution letters in military sexual assault and domestic assault cases
14 March 2016 - ABCMR and ADRB Insights in PTSD Discharge Upgrade Cases
NOTABLE CASES
The "Handbook of Crimes and Defense in the Military" authored by Mr. Myers and Mr. Conway and published last year by Thomson Reuters.
