Defending Military Members
Worldwide Since 1973

COMPLETE LIST OF CASE RESULTS

Please note that all cases are unique. Success in one case does not guarantee success in another. We do not guarantee outcomes. Any such guarantee would violate the Rules of Professional Responsibility. Case results are determined by a variety of factors, including facts and evidence presented, whether the client follows counsel recommendations, and the stage in the proceedings at which our services are retained. Generally, the earlier counsel is retained in a case, the more likely a favorable result will be obtained.

Please call us if you have any questions or would like more details about a particular case. We have over 40 years of results, this page lists results since July 2015 when the website was redesigned. Not all results are posted.


2019

4 January 2019 - Mr. Flynn successfully defended an Army officer facing an AR 15-6 investigation for dereliction of duty and failure to obey lawful orders. The administrative flag was removed and the officer has returned to normal duty.


2018

18 December 2018 - Mr. Pristera was quoted in the Army Times.

17 December 2018 - Mr. Conway obtained imposition of a reprimand for an allegation of sexual assault while intoxicated.

17 December 2018 - Mr. Conway was quoted in Task and Purpose on the Maj. Golsteyn case out of Fort Bragg.

13 December 2018 - Mr. Pristera obtained a full acquittal for a Navy Chief in Bahrain at a Special Court-Martial.

26 November 2018 - General Officer Memorandum of Reprimand. Mr. Flynn got a General Officer Letter of Reprimand (GOMOR) for dereliction of duty and disobeying lawful orders filed locally for an Army Officer. Mr. Flynn was able to collect and present sufficient evidence demonstrating that any alleged wrongdoing in the GOMOR was minor and that filing in the Official Military Personnel File was improper. This case was won through a GOMOR rebuttal.

8 November 2018 - Board of Inquiry. Mr. Pristera successfully represented a Naval Officer (O4/LCDR) before a Board of Inquiry. Not only was the officer retained in the Navy, but The board found that no misconduct occurred, despite the officer previously receiving a Non-Punitive Letter of Caution (NPLOC) and a Detachment For Cause (DFC). The board result will likely support removal of the DFC and related adverse information form the officers record.

8 November 2018 - General Officer Memorandum of Reprimand. Mr. Pristera got an General Officer Letter of Reprimand (GOMOR) transferee to the restricted file for an Army Officer. Mr. Pristera was able to collect and present sufficient evidence demonstrating that the GOMOR had served its intended purpose. The case was won at the Department of the Army Suitability and Evaluations Board. (DASEB).

4 November 2018 - Article 120, UCMJ Administrative Separation Board. Mr. Conway represented a Sailor at the Navy Yard accused of 4 specifications of sexual assault. After turning down Captian's Mast, the Board found no misconduct.

31 October 2018 - Board of Inquiry - Mr. Conway represented a military doctor in a show cause board for driving under the influence. There was property damage and some minor injuries. The board voted to separate the officer with an honorable discharge.

22 October 2018 - Officer Evaluation Report Appeal - Mr. Pristera successfully argued for a Army Officer’s Referred OER to be amended and for the referral to be removed. The Officer will now receive a special selection board as well to determine if she should have been promoted with the corrected OER in her file.

25 September 2018 - Air Force Board for Correction of Military Records - Ms Johnson-Naumann represented an Airman before the Air Force Board for Correction of Military Records (AFBCMR) and obtained her promotion to Chief Master Sergeant. The AFBCMR also ordered the removal of her referral Enlisted Performance Report, Letter of Reprimand, and all references of her removal as a Superintendent, and further directed she be awarded the Meritorious Service Medal.

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 - 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 - 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 - Mr. Conway represented a Marine officer accused of wrongfully using Percoset. The board recommended retiring the officer in grade.

18 June 2018 - 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 - 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. The case started with a mistrial. The government only produced a summarized transcript with the mistrial record of trial and did not attach the mistrial record to the subsequent trial record. The Court first ordered the Government on remand to attach the mistrial record of trial and recomplete post trial The government complied but again failed to produce a verbatim transcript of the mistrial. Upon subsequent appeal, Mr. Pristera successfully argued that the transcript was not verbatim as required by the rules. 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 - 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 - 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 - 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 - 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.

8 June 2018 - Mr. Conway represented a Marine in Okinawa charged with 5 specifications of sexual assault and one specificaion of attempted sexual assault. The were two victims, a fresh report, and DNA evidence. Mr. Conway negotiated a deal dismissing 3 specifications of sexual assault and the attempted sexual asssault. We also agreed to a lesser included offense involving a touching rather than attempted sexual assault. We had a 36 month cap and the judge imposed 9 years. Plainly the 36 month deal was the right decision.

7 June 2018 - Mr. Pristera obtained the local filing of a reprimand for an Army Major.

21 May 2018 - 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 - 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 - 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.

20 April 2018 - Mr. Conway represented a Soldier at Fort Hood accused of domestic violence. At an administrative separation board, the board voted to separate him with a suspended honorable discharge.

13 April 2018 - Mr. Conway represented a Soldier in Italy accused of 12 specifications of assault related to domestic violence. We got 7 charges dismissed. He was found guilty at a general court-marital of 4 charges and not guilty of one. He received a reduction to E-6, 90 days confinement, and no discharge.

29 March 2018 - Mr. Pristera won an upgrade from a general discharge to an honorable discharge for a former West Point cadet. The underlying misconduct involved alcohol related allegations while at the US Military Academy.

28 March 2018 - Mr. Conway represented an Airman accused of wrongfully using meth. He tested positive at over 3,000 ng/ml. At a special court-martial he was reduced in rank to E-4 and received 15 days confinement with no discharge.

21 March 2018 - Mr. Myers represented a Marine in San Diego wrongfully accused of two specifications of domestic violence. An administrative separation board found that the Marine did not commit the alleged abuse. The sergeant was retained.

20 March 2018 - Mr. Galli represented a Soldier accused of wrongful use of amphetimines at an Article 15 proceeding. As a result of Mr. Galli’s representation, the Soldier was found not guilty.

19 March 2018 - Mr. Conway represented an Airman at Ramstein AFB accused of four specifications of soliciting a lewd act from a minor - including sending inappropriate photos. It was a a law enforcement sting operation case. The Air Force was unwilling to negotiate a pretrial agreement believing that they would secure a sentence of 3 years or more. Using expert evaluations and skill, Mr. Conway obtained a 6 month sentence from the judge.

11 March 2018 - Mr. Conway represented a Soldier in Germany being administratively separated for unsatisfactory performance. The board voted to retain the Soldier.

8 March 2018 - Mr. Conway represented a Soldier in Germany accused of two specifications of child sexual abuse and one specification of indecent exposure. The indecent exposure was such that we had to enter a mixed plea to that charge. The Soldier was found not guilty of child sexual abuse by a jury.

2 March 2018 - Mr. Galli represented an Army Master Sergeant in connection with a General Officer Memorandum of Reprimand (GOMOR). As a result of Mr. Galli’s rebuttal, the reprimand was filed locally.

20 February 2018 - Mr. Conway represented a Marine Staff Sergeant at an administrative separation board accused of unauthorized absence, lying to the Executive Officer, substandard performance of duty, and other allegations. The Staff Sergeant was separated with an Honorable discharge.

16 February 2018 - Mr. Pristera represented a Marine in a Special Court-Martial in Quantico accused of assault consummated by battery under Article 128, UCMJ and drunk and disorderly conduct under Article 134, UCMJ. Through aggressive investigation, days before trial Mr. Pristera found evidence of the Marine’s innocence and charges were dismissed.

26 January 2018 - Mr. Conway represented a Sailor at the Navy Yard accused of aggravated sexual assault under Article 120, UCMJ. After a 5 day trial, the Sailor was found NOT GUILTY.

23 January 2018-Mr. Galli represented a Navy Senior Chief with over 13 years of service. Mr. Galli’s successful appeal through PERS resulted in both the Nonjudicial Punishment and the underlying Letter of Reprimand being set aside and entirely removed from the Senior Chief’s official military record.

10 January 2018 - Mr. Conway represented an Airman charged with two specifications of sexual assault on a child under 16. The Airman confessed to the allegations. We were able to negotiate a plea to one specification of assault consummated by battery. The Airman received 4 months confinement and a BCD.


2017

28 December 2017 - Mr. Conway represented a Vietnam War era Marine with a Purple Heart who was separated with an Undesirable discharge. Mr. Conway was able to obtain an upgrade to a General Discharge for the Marine.

22 December 2017 - Through the BCNR, Mr. Pristera won retroactive promotion from E5 to E7 with two years backpay and allowances for a Sailor improperly denied a high year tenure extension.

20 December 2017 - Mr. Pristera won US v. Hale before the Court of Appeals for the Armed Forces. USCA Dkt. No. 17-0537/MC, Crim. App. No. 201600015. The Court of Appeals for the Armed Forces affirmed the lower courts decision. Blog to follow.

15 December 2017 - Mr. Conway represented a Marine in Okinawa accused of 5 specifications of hazing, 5 specifications of maltreatment, 4 specifications of assault, and 1 specification of destruction of military property. The most serious allegations included misuse of a taser on subordinates. Mr. Conway negotiated a deal dismissing the maltreatment allegations and reducing the destruction of property allegation to a value under $500.00. The Marine received a 6 month sentence and discharge. Forfeitures of pay and allowances were deferred.

13 December 2017 - Mr. Myers successfully appealed adverse information included in a Navy Commander's Official Military Personnel File through Navy PERS. Removal of the adverse information resulted in the termination of a Board of Inquiry.

6 December 2017 - Mr. Myers was successful in obtaining a change in a DD 214 reason for separation from “personality disorder” to “Secretarial Authority” before the Air Force Discharge Review Board.

6 December 2017 - The AFBCMR granted an Air Force test pilot’s request for a downward adjustment of the pilot’s ADSC based on Mr. Myers’s interpretation of the relevant AFI provisions.

5 December 2017 - A Navy grade determination board retained Mr. Myers’s Navy Officer client in the grade of 0-5 (CDR) despite allegations of misconduct.

4 December 2017 - Mr.Conway represented a Soldier accused of manslaughter and drug use. The manslaughter charge involved a horrific auto accident. Using accident reconstruction engineers, we successfully mitigated the case and the Soldier received a 6 month sentence.

30 November 2017 - Mr.Conway represented a Marine accused of commission of a serious offense for inappropriate facebook posts - among other things. The board voted to separate the Marine with a general discharge.

21 November 2017 - Mr. Conway represented a private at Kaiserslautern, Germany accused of an indecent act, multiple instances of drug use, drug distribution, wrongful introduction of a drug onto a military installation, and multiple violations of lawful orders. We negotiated a deal that resulted in some charges being dismissed. The Soldier was in pretrial confinement. It was basically a time served deal. The judge did not impose a punitive discharge during the guilty plea.

17 November 2017 - Mr. Conway represented a Staff Sergeant in Vincenza, Italy accused of two specifications of Abusive Sexual Contact, one spec of assault, one spec of maltreatment, and one spec of attempting to have an improper relationship. After an enlisted trial, the Staff Sergeant was found not guilty of all charges and specifications.

9 November 2017 - Mr. Pristera represented a Navy Senior Chief with over 16 years service. He tested positive with over 800 ng/ml of cocaine. The board voted to separate him with an Honorable discharge.

15 October 2017 - Mr. Pristera represented an Army Reserve Colonel through multiple investigations, over the course of more than a year, into travel fraud, government travel card misuse, and DTS fraud. After a tremendous effort, the client has been exonerated of all accusations and will retire with his rank. There were two separate AR 15-6 (administrative) investigations, both with a senior colonel as the investigating officer, and both resulting in findings of misconduct. (the second investigation was initiated after the first was disapproved by the CG). After the reports were referred to the client for rebuttal, Mr. Pristera successfully rebutted both investigations. Both were closed and the findings were disapproved by the CG.

13 October 2017 - Mr. Conway represented a Marine lance corporal accused of 11 specifications of hazing, maltreatment, assault, obstruction of justice, and communicating a threat. After a vigorous representation, he was found not guilty of all charges and specifications. The case was covered by the Marine Corps Times here and here.

19 September 2017 - Mr. Conway represented a Sailor at Yokosuka Naval Base accused of two specifications of abusive sexual contact under Article 120, UCMJ. After a successful Article 32 Investigation, we were able to negotiate a guilty plea to one specification of assault consummated by battery with a 90 days cap and no punitive discharge.

15 September 2017 - Mr. Pristera had another success representing an officer before a Board of Inquiry (Show Cause Board) in Virginia. The officer was retained on active duty.

8 September 2017 - Mr. Conway represented a Soldier before an Article 32 Investigation at Fort Lewis. He is charged with abusive sexual contact, assault, drunk and disorderly conduct, and other charges. The Investigating Officer found no probable cause for the abusive sexual contact.

8 September 2017 - Mr. Pristera successfully represented a field grade officer for an elimination action based on toxic leadership and maltreatment. The officer was retained in the Army. Despite having previously received a referred evaluation report, the investigation into the officer's conduct was hotly contested in a multi-day hearing. The officer had 19 years of service at the time of the board and will now be able to retire next year.

5 September 2017 - Mr. Pristera successfully appealed a West Point tuition debt in the amount of approximately $224,000 on behalf of a former cadet. The debt was canceled in its entirety based on equitable factors and financial hardship.

22 August 2017 - Mr. Pristera represented an enlisted Sailor before an administrative separation board in Italy. The Sailor was accused of knowingly using marijuana. Mr. Pristera presented a defense of unknowing ingestion on account of the Sailor consuming spaghetti and garlic bread made with oil containing THC. The innocent consumption was 11 days earlier. The board found no misconduct and the Sailor was retained.

21 August 2017 - Quoted in USA Today / Detroit Free Press about the Marine Corps Drill Instructor case involving the death of a recruit.

21 July 2017 - Officer Board of Inquiry | Case Type: Mr. Myers represented an Army LTC facing allegations of sexism, creating a hostile work environment and toxic leadership. The LTC was retained on 21 Jul 17 by a show cause board consisting of three Colonels.

20 July 2017 - Court-Martial | Sexual Assault: Mr. Conway represented a Sailor accused of sexual assault and abusive sexual contact. The charge alleged that the victim was asleep. Through cross-examination we demonstrated that she was not asleep. The Sailor was found not guilty of both specifications.

23 June 2017 - Board for Correction of Naval Records | Case Type: Removal of NJP: The BCNR ordered removal of an NJP, BOI results, and reinstatement for an officer erroneously separated.

31 May 2017 - Court-Martial Appeal | Fort Hood | Case Type: Sexual Assault: This firm obtained a reversal of two rape convictions, assault with a deadly weapon, steroids use, indecent language, and kidnapping charges. The case was United States v. Hale. Hale received a 26 year sentence which has now been set aside. A blog entry on the case will follow.

22 May 17 - Court-Martial | Case Type: Steroids - Charges were dismissed in exchange for a general discharge at Camp Pendleton.

15 May 17 - Court-Martial | Case Type: Sexual Assault - Charges were dismissed for a Marine accused of sexual assault at Marine Corps Air Station Mirimar.

15 May 17 - Enlisted Separation Board | Mr. Pristera represented an enlisted Soldier at Fort Wainwright, Alaska. The board voted to separate the Soldier with an Honorable discharge.

12 May 17 - Court-Martial | MCRD San Diego | Case Type: Sexual Assault. An enlisted Marine was accused of sexually assaulting a civilian while she was incapacitated from alcohol. There were 4 specifications. | Full Acquittal.

7 May 17 - Officer Board of Inquiry | Case: An army captain faced a BOI for a DUI. His was BAC of .18. Mr. Pristera convinced the board that it would be an injustice to separate him. The officer was retained.

1 May 17 - Court-Martial | Fort Bragg | Case Type: Abusive Sexual Contact. An enlisted member was accused by an officer of abusive sexual contact. After thoroughly attacking the case at an Article 32 Investigation and investigating civilian witnesses at the alleged crime scene, the Convening Authority decided to dismiss charges after the Article 32.

1 May 17 - Board for Correction of Military Records | Case Type: The ABCMR directed the Surgeon General of the Army to determine if disability processing should occur in a case where the Soldier was separated for serious misconduct while suffering from PTSD. The Surgeon General decision will be binding on the Army.
28 Apr 17 - Security Clearance | Case Type: Drug Use (Clearance Reinstated)

20 Apr 17 - Board for Correction of Military Records | Case Type: A Vietnam veteran with injuries from a landmine spent years fighting for a Purple Heart. After multiple denials, we sued and won. The case was remanded back to ABCMR where they granted the Soldier the Purple Heart.

19 Apr 17 - Court-Martial | Ramstein AFB, Germany | Case Type: Single specification of cocaine use (135ng/ml) | Not Guilty (Innocent Ingestion Defense)

12 Apr 17 - Air Force Board for Correction of Military Records | Case Type: OPR / SSB - Ms. Johnson-Naumann obtained partial relief for a colonel seeking removal of an adverse performance report, special selection board for brigadier general, correction of records to reflect his continued service during a period of time.

Administrative Separation | Case Type: Drug Abuse - Marijuana (Retained)
-8 Apr 17: A reserve Captain tested positive for marijuana. She admitted to the use. Mr. Myers represented her at the show cause board. With an emphasis on personal mitigating factors, the board voted to retain her.

Security Clearance Appeal | Case Type: Defense Office of Hearings and Appeals (Foreign Influence) Clearance Granted
- 4 April 2017: Mr. Myers represented a defense contractor with substantial ties to Lebanon before the Defense Office of Hearings and Appeals. In ISCR Case No. 15-0639, dated 28 March 2017, the government denied the contractor's clearance based on the foreign influence guideline. Foreign influence cases are among the most difficult. Mr. Myers showed that the contractor - despite ties to Lebanon - had a lengthy history of service to the United States and was trustworthy to maintain a clearance. The clearance was granted.

Air Force Letter of Reprimand Filing Determination | Case Type: LOR Appeal
- 4 April 2017: Mr. Myers represented an Air Force officer accused of certain misrepresentations in their military records. Mr. Myers responded to the reprimand and argued for it not to be filed in the officer's Officer Selection Record (OSR). Upon review, the general decided to not file the LOR in the officer's OSR.

Board for Correction of Naval Records | Case Type: Records Correction
- 4 April 2017: Mr. Myers represented a Naval officer facing mandatory separation because of two promotion non-selections. Because of actions by the officer's command, several fitness reports were not presented to the promotion board. Mr. Myers obtained partial relief for the officer that included avoiding separation.

Administrative Separation | Case Type: Conduct Unbecoming - Plagiarism - Retained
-28 March 2017: Mr. Pristera represented a Soldier in Texas accused of plagiarism. He faced a Board of Inquiry. Mr. Pristera was able to obtain the officer's retention.

Administrative Separation | Case Type: Drug Abuse - Cocaine (Separation - Honorable) Retained on Appeal
-28 March 2017: Mr. Conway represented a Soldier in Texas who tested positive with over 1,300 ng/ml of cocaine metabolite in his system. He had a good combat record and some other medical concerns. We fought for retention. The board recommended separation with an honorable characterization of service. We appealed to the Separation Authority. On appeal, the Separation Authority determined that the Soldier will be retained and allowed to medically retire.

Court-Martial| Coast Guard Station Norfolk | Case Type: 6 specs of abusive sexual contact, 2 specs of assault consummated by a battery | Full Acquittal
-22 March 2017: A Coast Guard Sailor was accused of 6 specifications of abusive sexual contact by two women. By showing that the women lied on cross-examination and that they collaborated on the story, we were able to obtain a full acquittal.

Court-Martial Appeal| Fort Hood | Case Type: Sexual Assault - Charges Set Aside and Dismissed with Prejudice- Post-Trial Chapter 10 Granted
-9 March 2017: Soldier served 3 years of a 15 year sentence. We obtained a post-trial Chapter 10. He will be released within 10 days. He is entitled to 3 years of back pay and allowances. A blog article discussing the case will follow.

Reprimand| Army | Transferred to Soldier's restricted fiche.
-7 March 2017: Mr. Myers successfully represented a Soldier in removing a reprimand to the restricted fiche.

Court-Martial| Fort Bragg | Case Type: 5 specs of assault, 7 specs of maltreatment, 6 specs of conduct unbecoming, 2 specs of violating a no contactorder| Full Acquittal
-2 March 2017: Mr. Conway recently obtained a full acquittal for a Soldier at Fort Bragg.

Court-Martial Appeal| Air Force Court of Criminal Appeals: Findings and sentence set aside. New trial granted.
-28 February 2017: US v. Cook.

Army Board for Correction of Military Records | Case Type: Removal of Records (Partial Relief)
-7 February 2017: Partial relief at ABCMR.

Administrative Separation | Case Type: Coast Guard Allegations of Misconduct and Substandard Performance (No Basis / Retention)
-3 February 2017: Mr. Myers represented a 16-year Coast Guard veteran before an administrative separation board. Because the USCG is a small branch, we will not post the details. He was accused of misconduct and substandard performance of duty. The separation board found no basis for separation and he was retained.

Court-Martial | Case Type: Assault, BAH Fraud, False Official Statement, Dereliction Duty(Mixed Verdict)
-21 January 2017: An Army staff sergeant stationed in Germany was accused of multiple offenses. There were two assault charges, four false official statements, one larceny of $19,000.00 in BAH, and two dereliction of duty charges. We got the assault charges dismissed through a victim non-prosecution letter. He was found not guilty of two false official statements and guilty of two others. He was found guilty of larceny. He had certified on BAH forms that he was married even though he had obtained a divorce two years earlier. That was a difficult fact to overcome. We got one dereliction of duty charge dismissed. He was found guilty of the other one. A jury sentenced him to 60 days confinement, reduction in rank, and a bad conduct discharge.

News
-15 January 2017: San Antonio Express News coverage of a previous case.

Security Clearance | Case Type: Financial Considerations (Clearance Reinstated)
-14 January 2017: Mr. Pristera successfully represented an Airman with a security clearance issue. An anonymous tip was sent to the Central Clearing Facility (CCF) alleging that the SM was living outside of her means. The SM was previously the victim of predatorial lending practices and illegal mishandling of mortgage applications. Mr. Pristera worked with the SM to compile all of the complicated financial documentation and evidence supporting the SM’s debts, as well as documentation supporting current matters under litigation, and successfully replied to the notice of intent to revoke. Mr. Pristera was able to avoid having to take the matter to a formal hearing (DOHA hearing) on the matter.

Appeal | Case Type: Article 69 (b) Appeal (Forwarded to Air Force Court of Criminal Appeals for Review)
-12 January 2017: An Air Force Senior Airman at Wright-Patterson AFB was convicted of one specification of abusive sexual contact and assault consummated by battery before a special court-martial. He received 20 days confinement and no discharge. We filed an Article 69 (b) appeal to the Judge Advocate General for review on insufficiency of the evidence, Military Rule of Evidence 413, and improper instructions to the jury. We were successful. The case has been referred to the Air Force Court of Criminal Appeals for review.

Administrative Separation| Case Type: Drug Abuse - Cocaine (Separation - Honorable)
-11 January 2017: Mr. Conway represented a Soldier in Texas who tested positive with over 1,300 ng/ml of cocaine metabolite in his system. He had a good combat record and some other medical concerns. We fought for retention. The board recommended separation with an honorable characterization of service.

Investigation | Case Type: Indecent Language, Abusive Sexual Contact (Retirement)
-3 January 2017: A service member was accused of indecent language and abusive sexual contact by the minor teenage friend of his daughter. The young lady had significant personal issues. We refused nonjudicial punishment. The service member was permitted to retire.


2016

Administrative Separation | Case Type: Officer Board of Inquiry (No Administrative Separation. Retention)
-20 December 2016: Mr. Myers represented a Naval Officer in Florida accused of theft, fraud, and substandard performance of duty. The Board of Inquiry voted to retain the officer.

Court-Martial | Abusive Sexual Contact (NOT GUILTY to all charges)
-15 December 2016: Mr. Conway represented a captain at Fort Carson accused of inappropriately touching a female sergeant on two occasions. The captain was offered an Article 15. We rejected the Article 15 and chose to fight at trial. Even though the government claimed they could not find the sergeant's personnel record, through cross-examination Mr. Conway showed convincingly that she lied about her APFT and weapons qualification scores to get promoted. She then lied about the captain - the S1 - to avoid exposure to an audit of her promotion record. A panel of officers found the captain not guilty of both specifications.

Administrative Separation| Case Type: Cheating, Conspiracy (No Administrative Separation. Honorable Discharge upon Expiration of Service)
-13 December 2016: In a fairly high profile case that caught the attention of the Navy Times, a Sailor was facing administrative separation basically for conspiring to cheat on a test. Mr. Conway became involved to appeal the Sailor's nonjudicial punishment. We also sought to intervene with the government to avoid an administrative separation. The Sailor was ultimately separated honorably upon the expiration of service.

Administrative Separation| Case Type: Drugs / Marijuana (General Discharge)
-5 December 2016: Mr. Conway represented a petty officer in Guam that tested positive twice for marijuana. We presented an innocent ingestion defense and called a women who admitted to making marijuana cookies. In a 2-1 vote the board voted to separate with a general discharge. Unfortunately, there was a chief on the board that simply appeared uninterested and hostile to the defense. The president of the board did not seem to demonstrate much understanding of the science. The composition of the board posed challenges in this case.

Court-MartialAppeal | Case Type: Sexual Assault (Air Force Court of Criminal Appeals)
-17 November 2016 : Mr. Pristera argued a case at the Air Force Court of Criminal Appeals.

News Article | http://www.thedailybeast.com/articles/2016/11/16/military-school-turns-cadets-against-each-other-like-lord-of-the-flies.html

Court-Martial | Case Type: Abusive Sexual Contact, Assault Consummated by Battery, Fraternization, Conduct Unbecoming (NOT GUILTY to all charges except the fraternization)
-17 November 2016: Mr. Conway represented a major at Fort Belvoir accused of abusive sexual contact (among other things). A female staff sergeant accused him of touching her breast, kissing her, and slapping her face. He was also accused of conduct unbecoming an officer and gentleman for allegedly threatening his commander. We were able to demonstrate that the female staff sergeant lied about the allegations, deleted evidence from her phone, and attempted to extort the major for $18,000.00 before reporting the allegations. We were able to show that the commander was not threatened and the major was simply trying to be heard to tell his side of the story. The major was found guilty only of fraternization. He received a reprimand, no discharge, and some forfeitures of pay.

Court-Martial | Case Type: Assualt, BAH Fraud, Dereliction of Duty (Ongoing - Assault charge dismissed)
-10 November 2016: On this day, we learned that an assualt charge was dismissed in an on-going case in Germany. Charges remain to be fought early next year. We obtained the dismissal because of receieved a non-prosecution letter from the alleged victim.

Court-Martial | Case Type: False Official Statement, Unauthorized Wearing of Awards, Obstruction of Justice(Negotiated Guilty Plea)
-10 November 2016: An Army officer in the Military District of Washington submitted forged paperwork to wear the Bronze Star, Purple Heart, Special Forces Tab, and several other awards. He lied to an Investigating Officer and forged paperwork and orders. Unfortunately, we had to negotiate a plea given the significant paper trail. It was a deal with a 60 day cap on confinement. The judge imposed 30 days confinement and a dismissal.

Administrative Separation| Case Type: Failure to Follow an Order (Suspended Honorable Discharge)
-9 November 2016: A Coast Guard recruiter sent inappropriate sexual text messages to an officer applicant. At an administrative separation board we fought the text messages. On this day, we received notice that the board found misconduct, but recommended a suspended honorable discharge.

Administrative Separation| Case Type: Solicitation (NJP Turn Down - 6105)
-8 November 2016: A Marine was accused of a solicitation offense. On our advice, the Marine turned down NJP. It was a bold decision, but resulted in a favorable outcome. The command gave the Marine only a 6105.

Administrative Separation| Case Type: Drug Abuse (No Misconduct)
-6 November 2016: Mr. Pristera successfully defended a reserve officer accused of drug abuse. The board found no misconduct.

Court-Martial | Case Type: Failure to Report, Solicitation of a False Official Statement, Violation of Federal Law for Interfering with a Government Communication System(Not Guilty to All Charges and Specifications)
-2 November 2016: An Army sergeant at Fort Benning was accused of 4 specifications of failing to be at his appointed place of duty on time. He was accused of soliciting another Soldier to change his PT card. And he was accused of a violation of 18 U.S.C. 1362. He had a Med board pending for PTSD. There was also evidence of racism. We turned down an Article 15. We went to trial and obtained a full acquittal for the sergeant.

Criminal Investigation | Case Type: Fraternization / Inappropriate Relationship (No Disciplinary Action)
-1 November 2016: A junior female Navy Sailor overseas was the subject of unwanted inappropriate advances by a petty officer. She did not report it. When another Sailor reported the suspected inappropriate relationship, the male petty officer accused the junior sailor of making unwanted advances at him. Mr. Conway was able to intervene with the command to prevent questioning of the Solider by NCIS, XOI, or the Chief's Mess. Using text messages and other evidence, we resolved the case with no adverse action for the junior Sailor.

Court-Martial Appeal | Sexual Assault Article 32 Investigation
-31 October 2016: We received the Article 32 report for a service member facing 8 charges of abusive sexual contact and 4 charges of assault. Two of the charges were dismissed after the Article 32. This is further evidence of the need to fight at the Article 32 Investigation when prosecutors pile on the charges. We're chipping away one charge at a time.

Court-Martial Appeal | Case Type: Sexual Assault (Army Court of Criminal Appeals)
-28 October 2016 : Mr. Conway successfully obtained a new R.C.M. 1105 action in a criminal appeal. This is important because an individual named in the charge sheet has provided a letter supporting the accused.

Criminal Investigation | Case Type: Drug Distribution (No Charges, Flag Lifted)
-24 October 2016: A Soldier's wife was accused of distributing drugs in Germany out of their on-base house. CID raided his house and took his cell-phone. Mr. Conway was able to intervene with law enforcement to prevent questioning of the Solider. After months of discussion with the military prosecutors, the flag was lifted on the Soldier, he was promoted, and he received a letter of concern.

News | Book
-13 October 2016: For nearly 5 years, Mr. Conway and Mr. Myers have been working on a book on military crimes and defenses. The proofs are in from the publisher. The book will be near publication soon.

Court-Martial | Case Type: Abusive Sexual Contact, Burglary, False Official Statement(Guilty Plea)
-13 October 2016: An Marine lance corporal was accused of abusive sexual contact of three male Marines. The allegation was basically that he touched them inappropriately while they slept. There were 7 abusive sexual contact charges, 2 burglary charges, and 2 false official statement charges. The accused's DNA was on the underwear of one of the Marines. We negotiated a deal that resulted in 9 of the 11 charges being dismissed. The Marine was in pretrial confinement for 241 days. It was a time served deal.

Administrative Separation| Case Type: Drug Abuse (General Discharge)
-11 October 2016: A Marine tested positive for 45 ng/ml of marijuana. He admitted to smoking the marijuana to two of his NCOs. Mr. Conway was retained to help the Marine avoid an Other than Honorable Discharge. We were able to obtain a General Under Honorable Conditions characterization of service.

Court-Martial | Case Type: Child Abuse (Assault), Child Endangerment, Obstruction of Justice (Not Guilty to All Charges and Specifications)
-6 October 2016: An Army Staff Sergeant with 12 years of service at Fort Hood, Texas was accused of punching his 10 year daughter in the face, spanking her causing bruising, and obstructing justice. Mr. Conway cross-examined the 10 year old daughter, her teacher, the school nurse, the hospital nurse, and a CID agent. We also had to overcome photos of significant bruising to her face. Through skillful cross-examination and preparing the client to testify, we obtained a full acquittal.

Administrative Separation| Case Type: Drug Abuse (No Misconduct)
-28 September 2016: A Navy First Class Petty Officer in Norfolk - selected for chief - tested positive for marijuana and percoset. Mr. Conway and Mr. Pristera presented a defense of innocent ingestion and good military character. The board found by a vote of 3-0 that there was no misconduct.

Administrative Separation| Case Type: Pattern of Misconduct (General Discharge)
-19 September 2016: A Marine sergeant at Twentynine Palms receieved two NJPs and multiple 6105s. He was reduced to Lance Corporal over time. He was being separated for a pattern of misconduct. Military lawyers were convinced he would receieve an Other than Honorable Discharge. Mr. Conway obtained a general discharge for the Marine. A favorable result under the circumstances.

News| Book
-19 September 2016: Mr. Myers was quoted in the new book "No Time for Truth" about the Haditha case.

CID Titling Action| Case Type: Sexual Assault (Amended)
-16 September 2016: Mr. Myers successfully obtained an amendment of a CID titling action for sexual assault by amending the case disposition to show a dismissal of the sexual assault allegations. The client was unable to go to his children's school because of the titling. The amendment relieved the client of that burden.

Court-Martial| Case Type: Sexual Assault, Disrespect, False Official Statement, Fraternization (Not Guilty to All Charges and Specifications)
-15 September 2016: An Army Master Sergeant at Fort Bragg with 24 years of service was accused of raping his daughter, incest, adultery, fraternization with a private, false official statement, and disrespect to an officer. Using a combination of a lack of DNA, motive to lie, and triangulation of phone records we were able to show that the master sergeant could not have and did not rape his daughter. The government attempted to claim that condom lubricants were found on her underwear, but we were able to show that the same chemicals were present in detergent. The master sergeant had previously received a reprimand for the fraternization. We put him on the witness stand to take responsibility for the frat charge. Then Mr. Conway argued for jury nullification. An 82nd Airborne jury of sergeants major and lieutenant colonels found the master sergeant not guilty of all charges and specifications after a 4 day trial. See blog article also.

Naval Discharge Review Board | General Discharge (Upgraded to Honorable)
-11 September 2016: We received notification that a Sailor discharged for a pattern of misconduct had her general discharge upgraded to an honorable discharge. Mr. Conway represented her during a personal appearance at the Washington Navy Yard several weeks ago.

Air Force Discharge Review Board | Change in Reason for Discharge
-7 September 2016: We received notification that an Airman received a change in his reason for separation. He received an Article 15 and was discharged for reduction in force with an honorable discharge. Mrs. Johnson-Naumman successfully obtained a change in the reason for separation to Secretarial Authority.

Court-MartialAppeal | Case Type: Sexual Assault (Navy-Marine Corps Court of Criminal Appeals)
-30 August 2016 : Mr. Pristera successfully obtained the reversal of two sexual assault convictions in United States v. Ellis.

Central Registry Board
-28 August 2016: Mr. Conway represented a service-member facing allegations of maltreatment before the Central Registry Board. The board found that the allegations did not meet the criteria for abuse.

Court-Martial | Case Type: Abusive Sexual Contact (Reprimand)
-28 August 2016: Mr. Conway represented a senior enlisted member accused of abusive sexual contact, indecent acts, indecent language, and solicitation of a young adult. We conducted an internal investigation of witnesses and communicated with the government legal advisors to avoid a court-martial. When offered an Article 15, we had enough information discrediting the complainant to turn down the Article 15. The command ultimately imposed a reprimand. We are contesting the reprimand.

Court-Martial | Case Type: Indecent Language (Soldier Permitted to ETS)
-26 August 2016: Mr. Conway represented a Soldier accused of having inappropriate conversations with a minor. We were able to secure the noncooperation of the mother and family of the child. The Soldier was permitted to separate upon his ETS.

Court-MartialAppeal | Case Type: Sexual Assault (Army Court of Criminal Appeals)
-19 August 2016 : Mr. Pristera - in a rare occurrence - secured government funded expert forensic psychiatry assistance on behalf of a convicted service member for an Army appeal. Mr. Pristera identified an appellate issue requiring an expert psychiatrist, not previously involved in the case, to provide written testimony before the appellate court. Mr. Pristera coordinated with the Walter Reed National Military Medical Center, Center for Behavioral Sciences, to request assistance. Under this unique circumstance, assistance was granted. Mr. Pristera is known for taking advantage of every avenue available for his clients, and this is another example of how he leaves no stone unturned in his vigorous efforts to get appellate relief for his clients.

Court-Martial | Case Type: Performance Enhancing Drugs - Steroids (Reduced to Administrative Separation Board - suspended general discharge)
-5 August 2016: A Marine corporal in California tested positive for 4 banned substances under the Anabolic Steroid Control Act of 2014. He was offered nonjudicial punishment and a board waiver with an OTH. We turned down the offer. The case was referred to a Special Court-martial. As trial approached, the government dismissed charges and sent the case to an administrative separation board with no NJP. The board recommended a suspended General discharge.

Navy Personnel Command | Case Type: High Year Tenure Waiver Request (Granted)
-20 July 2016 : Mr. Pristera successfully represented a Sailor facing separation for High Year Tenure. In this highly unique case, the command attempted to separate a Sailor with over 18 years of service for High Year Tenure. After getting his High Year Tenure temporarily extended, Mr. Pristera was able to successfully argue to Navy Personnel Command that despite being found guilty at a Captain’s Mast prior to hitting 18 years of service, the Sailor could not be administratively separated prior to reaching 20 years and retiring.

Court-Martial | Case Type: Drugs - Cocaine (Guilty, No Confinement, No Discharge)
-19 July 2016: A Marine corporal in California tested positive with over 22,000 ng/ml of the cocaine metabolite. He was found guilty ofwrongfully using cocaine under Article 112a. The cutoff is 100ng/ml. The 22,000 count was simply too high to overcome, despite success in other cocaine cases. An enlisted panel sentenced the Marine to a reduction in rank to E-3. They imposed 60 days restriction. There was a forfeiture of pay. No confinement and no discharge.

Federal Litigation
-7 July 2016: Mr. Myers and Mrs. Johnson-Naumann recently obtained a settlement in a federal United States District Court for a Navy physician seeking maximum SBP benefits for his spouse.

United States Air Force (Letter of Reprimand)
-29 June 2016: Mr. Myers' rebuttal to a proposed Letter of Reprimand for an Air Force lieutenant colonel resulted in the reprimand being reduced to a Letter of Concern - thereby eliminating the opening of an Unfavorable Information File for the officer.

United States Army (Demotion Board)
-29 June 2016: Mr. Myers successfully represented an Army staff sergeant before a demotion board allowing the staff sergeant to keep his rank with a recommendation for reassignment to a new unit.

DFAS Survivor Benefits
-28 June 2016: The firm undertook the representation of a military widower to obtain payment of Survivor Benefit Plan benefits in an amount over $75,000.00. SBP provides spouses a monthly annuity for the lifetime of the beneficiary. It is not automatic and there are premiums. Election to participate is usually at the time of retirement. Challenges can occur when a spouse divorces and then later passes on. When a divorced spouse passes away, there are obligations and elections the beneficiary needs to make within a year. Our firm successfully became involved in a case where the beneficiary was not aware of her election obligations. We were able to successfully obtain the benefits she was owed under the SBP.

US Army CID Command (Titling Action)
-24 June 2016: On petition to the Director, U.S. Army CID Command our client's titling for Aggravated Sexual Assault was removed for lack of credible information. Titling actions can play a role in promotion considerations and other career matters. Removing derogatory information is important to anyone that is titled.

Board for Correction of Naval Records (Reenlistment Code Change)
-24 June 2016: On application to the Board for Correction of Naval Records, Mr. Myers requested a change in reenlistment code for a Sailor with 17 years of service. The BCNR granted relief by changing the code from RE-4 to RE-1, thereby allowing him to reenlist in the Naval Reserves to complete 20 years for retirement.

Navy Marine Corps Court of Criminal Appeals
-21 June 2016: Mr. Pristera completed oral arguments this morning at the Navy-Marine Corps Court of Criminal appeals. The case was United States v. Ellis. The issue was whether the military judge erred in denying the accused his right to confront his accusers about victim and victim advocate discussions pursuant to the 6th Amendment, U.S. Constitution, Military Rule of Evidence 608 (c), and Military Rule of Evidence 514 (d)(6). Oral arguments and briefs will be posted when available.

Command Investigation: (Unfounded)
-19 June 2016: Mr. Pristera successfully defended an Army Major facing three separate AR 15-6 investigations. The allegations included creation of a hostile work environment, withholding leave forms, bias against subordinates, unprofessional conduct, as well as other allegations. The investigating officer on the second investigation founded the allegations - specifically finding support for 14 separate accusations. Mr. Pristera appealed to the immediate commander and the findings and recommendations were disapproved. The administrative flag was removed and the major has returned to normal duty.

Court-Martial| Case Type: False Official Statement, Disrespect of a Commissioned Officer, Maltreatment, Article 134(Not Guilty to All Charges and Specifications)
-16 June 2016: Three female Soldiers accused a married sergeant in Vincenza, Italy of making inappropriate sexual comments,maltreatment, disrespect to a commissioned officer, and false official statement. There were seven specifications. The sergeant was offered an Article 15. We advised the Soldier to turn down the Art 15.

The case was referred to a special court-martial. We elected an enlisted panel. The sergeant did not testify. We attached the stories of all three females. Though they denied knowing each other, we presented evidence that they did know each other and conspired to make the allegations because of a dispute between one of the females and the sergeant's wife. The jury of 4 colonels, 2 sergeants major, 1 sergeant first class, and one staff sergeant took about two hours to find Mr. Conway's client not guilty of all charges and specifications.

Court-Martial| Case Type: Larceny (Separation in Lieu of Trial)
-8 June 2016: An enlisted Sailor was accused at a Special Court-Martial of stealing over a dozen items from the post-exchange. There was video evidence. Mr. Conway negotiated a separation in lieu of trial - which was the outcome the Sailor wanted.

Court-Martial| Case Type: Sexual Assault (Favorable Article 32 PHO recommendation)
-7 June 2016: A Major is accused of abusive sexual contact, assault consummated by battery, conduct unbecoming, and fraternization with a staff sergeant. The Article 32 Investigation was on 19 May 2016. The alleged victim did not testify. Mr. Conway, however, attended the hearing and presented evidence of her motive to lie - including an effort by her to extort the major for money. We received the PHO report on 7 June. The Investigating Officer found no probable cause for abusive sexual contact, assault, orconduct unbecoming. He recommended a reprimand for fraternization.

Navy Personnel Command | Case Type: High Year Tenure Waiver Request (Granted)
-27May 2016 : A Navy Sailor - at Norfolk Naval Base - with over 17 years of service was reduced in rank through nonjudicial punishment. The rank reduction exposed him to separation based on High Year Tenure (HYT). With less than two weeks left in the Navy, he retained the firm to request a waiver of the HYT. Mr. Pristera immediately intervened with both the Sailor's unit and with Navy Personnel Command, successfully obtaining a waiver.

Court-Martial | Case Type: Sexual Assault (Dismissed / Chapter)
-26 May 2016: An Army private first class stationed in South Korea was accused ofsexually assaulting and fraternizing with another Soldier that he was in a short relationship with. He also was facing investigations related to two other woman. After the Article 32 Investigation on 26 April, Mr. Conway was able to obtain a chapter for the Soldier that avoids the possibility of a criminal conviction.

Court-Martial| Case Type: Sexual Assault (Not Guilty)
-24 May 2016: An Army sergeant first class in Germany was accused of sexually assaulting a female staff sergeant while she was asleep while on temporary duty at the Senior Leader's Course. Mr. Conway skillfully cross-examined the alleged victim. We did not call the accused to testify. After one hour of deliberation, the sergeant first class was found not guilty.

Army Board for Correction of Military Records | Case Type: Officer Evaluation Report, Promotion Review Board
-18 May 2016 : An Army colonel had an adverse Inspector General's investigation finding claiming that he failed to promote a healthy command climate while deployed to Iraq. We obtained removal of an associated officer evaluation report and achieved a favorable result at a promotion review board.

Court-Martial| Case Type: Sexual Assault (Favorable Article 32 PHO recommendation)
-10 May 2016: Mr. Conway received notice of a favorable PHO report for a Soldier accused of three specifications of sexual assault. The alleged victim testified at the hearing. We had asked for a delay to complete digital forensics examination of our client's phone. The hearing was on 26 April. The hearing was in Korea. Mr. Conway appeared telephonically to cross-examine witnesses to help minimize cost for the young Soldier. The cross-examination of the alleged victim was devastating. The Pretrial Hearing Officer (PHO) found that one of the charges was not supported by probable cause. Regarding the other two charges he stated "That this case be disposed of in a manner other than trial by court-martial." We hope the Convening Authority adopts the recommendation.

Officer Board of Inquiry| Case Type: Assault, Drunk and Disorderly (Misconduct on the Drunk and Disordely, Honorable Discharge)
-10 May 2016: A Marine Corps officer was accused of having an altercation with an enlisted Marine. The Marine was accused of assault and drunk and disorderly conduct. At the BOI the assault charge was not substantiated. The drunk and disordely conduct was substantiated. The officer was recommended for an Honorable characterization of service.

Administrative Separation Board | Case Type:False Official Statement, Disobeying Orders, Dereliction of Duty (No misconduct)
-5 May 2016: In an Army enlisted administrative separation board, Mr. Conway achieved retention for a sergeant at Fort Benning, Georgia. She was accused of false official statement, 3 specifications of disobeying orders, and one specification of dereliction of duty. She was pending a medical evaluation board. Because of the board findings, her medical board will be forwarded to the Physical Evaluation Board.

Court-Martial | Case Type: Sexual Assault and Domestic Assault (Not Guilty to Sexual Assault Charges / Mixed Verdict to Assault Charges)
-21 April 2016: A Senior Airman at Davis-Monthan originally faced two specifications of sexual assault and 11 specifications of assault consummated by battery. We got three assault charges dismissed before trial.

He had allegedly entered into a sham marriage with a foreign national after a night of drinking in Las Vegas. The marriage was predictably unstable. When he got the marriage annulled, she accused him of sexual assault and assault. Unfortunately, there were hundreds of pages of potentially incriminating text messages.

Mr. Conway skillfully cross-examined the alleged victim for over four hours. The Senior Airman was found not guilty of the sexual assault charges and three of the most serious assault charges - including a choking. He was found guilty of 5 out of 8 of the remaining more minor assault charges - probably because there were text messages from him and the alleged victim corroborating hitting, slapping, and restraint of wrists. He received a reduction in rank, 3 months confinement, and a bad conduct discharge. The result was far better than the deal the government offered.

Court-Martial | Case Type: Sexual Assault (Not Guilty to All Charges and Specifications)
-6 April 2016: An Air Force staff sergeant was charged with 27 charges and specifications. 23 charges were dismissed after the Article 32 Investigation. Mr. Conway was lead counsel. Trial proceeded on two specifications of sexual assault and two specifications of assault. Client was found not guilty of all 4 remaining charges by an enlisted panel that deliberated for 55 minutes.

Court-Martial| Case Type: Sexual Assault (Pretrial Confinement Hearing)
-5 April 2016: Mr. Conway appeared telephonically in a pretrial confinement hearing for a Soldier overseas. The client was released from pretrial confinement. The case remains in the preliminary stages.

Air Force Board for Correction of Military Records | Case Type: Medical Retirement
-4 April 2016: Mr. Myers obtained placement on the Permanent Disability retired list for a service member at a rating of 70% for PTSD and a back strain.

Our Attorneys
-1 April 2016: The firms welcomes Mr. Brian Pristera to our practice. He is based in Norfolk and brings a wealth of experience to the team.

Court-Martial| Case Type: Officer Maltreatment / Assault (Favorable Article 32 PHO recommendation)
-28 March 2016: Earlier this month, Mr. Conway travelled to Camp Arifjan, Kuwait to represent an officer accused of multiple allegations of maltreatment and assault against several Soldiers. After the Article 32 Investigation, the Pretrial Hearing Officer recommended against a court-martial. Administrative resolution of the case was recommended.

News Article | Fox News
-26 March 2016: Mr. Conway quoted on foxnews.com about the Leavenworth 10.

Court-Martial| Case Type: Forcible Rape (Not Guilty)
-23 March 2016 : An Airman (staff sergeant) at Barksdale AFB was accused of forcible rape. After a trial with an enlisted panel, the staff sergeant was found not guilty. The acquittal was largely the result Mr. Conway's careful interpretation of DNA and blood stain analysis, skilled cross-examination of the alleged victim, and skillful cross-examination of OSI agents that lost evidence.

Administrative Separation Board | Case Type: Drugs (No misconduct)
-18 March 2016: In an Army enlisted administrative separation board, Mr. Myers achieved a finding of no misconduct in a wrongful use of diazepam (valium) case. Soldier was retained.

Court-Martial | Case Type: Aggravated Assault (Not Guilty to Aggravated Assault - guilty to lesser offense)
-2 March 2016 : An Army officer with two combat deployments and two bronze stars was accused of one specification of assault consummated battery, one specification of aggravated assault, and one specification of Conduct Unbecoming an Officer (for allegedly calling his ex-wife a profane name in front of others). Through written motions (on 15 January 2016) we got the Conduct Unbecoming allegation dismissed by the judge. At trial the officer was found not guilty of assault consummated by battery and not guilty of aggravated assault, but guilty of the lesser included offense of assault consummated by battery. The alleged victim - an ex-wife - had produced photographic evidence of her alleged injuries. Using expert medical testimony we successfully defended against the alleged aggravated assault. The officer was retained, given a reprimand, 30 days restriction, and some forfeitures of pay. In light of the photographic evidence, this was a good result.

Discharge Review Board| Case Type:OTH Upgraded to General
-25 February 2016: Received notification of an Other than Honorable discharge upgraded to a General discharge by the Army Discharge Review Board. This was an exceptional result. The client had been charged with inappropriately touching two female Soldiers in Korea. A conviction at court-martial would have resulted in possible sex offender registration. Trial Defense Services negotiated a Chapter 10. He was discharged with an OTH last year. Less than a year later we got it upgraded to a general discharge even though he had accepted the OTH.

Court-Martial| Case Type: Sexual Assault (Favorable Article 32 PHO recommendation)
-10 February 2016: An Air Force Technical Sergeant at Moody AFB was accused of sexual assault and inappropriate relationships with two female service members. We completed the Article 32 Investigation on 2 February 2016. The Pretrial Hearing Officer (PHO) recommended that all charges and specifications be withdrawn. We hope the Convening Authority adopts the recommendation.

Administrative Separation| Case Type:Inappropriate Relationship and Assault (No misconduct)
-5 February 2016: An Army staff sergeant recruiter with 14 years of service at Fort Sam Houston, San Antonio, Texas was facing administrative separation for an alleged improper relationship with a prospective recruit and false official statement. Mr. Conway achieved a successful result and the staff sergeant was retained.

Court-Martial | Case Type: Sexual Assault (Dismissed / Chapter)
-29 January 2016: An Army sergeant stationed in South Korea was accused of sexually assaulting and fraternizing with a junior Soldier that he was in a short relationship with. After the Article 32 Investigation, Mr. Conway was able to obtain a chapter for the Soldier that avoids the possibility of a criminal conviction.

Administrative Separation| Case Type: Drugs (No misconduct)
-27 January 2016: A Marine staff sergeant was facing administrative separation and an Other than Honorable discharge for testing positive for cocaine - 121ng/ml. Mr. Conway presented an innocent ingestion defense and the Marine was retained. The board found no basis for separation.

Court-Martial | Case Type: Sexual Assault (Dismissed / Reprimand)
-20 January 2016 : Mr. Conway achieved a great result for an Army officer accused of sexual assault by his ex-wife. Through written communications with the command we avoided criminal charges and obtained a reprimand for a minor allegation that we are appealing.

News Article |Boise Weekly
-18 January 2016: Boise Weekly story about the Stryker 5 case.

Court-Martial | Case Type: False Official Statement, Conduct Unbecoming (Dismissed / Resignation)
-16 January 2016: Mr. Conway negotiated a resignation with a General Under Honorable Conditions discharge for a National Guard officer facing two specifications of dereliction of duty, false official statement, conduct unbecoming, and absence without leave. The characterization of service was critical to the officer's continued private employment.

Court-Martial Appeal
-15 January 2016: Mr. Conway received notice that the Air Force Court of Criminal Appeals had set aside one of the specifications in case number ACM 38689. We are appealing the remaining charges to the Court of Appeals for the Armed Forces.

Court-Martial | Case Type: Motions Hearing (Charge Dismissed)
-15 January 2016: Conduct unbecoming charge dismissed for an Army officer in a general court-martial accused of calling his ex-spouse a "stupid b***h." Mr. Conway filed a motion to dismiss for failure to state an offense. The judge granted the motion. Charges still remain to defend.

Court-Martial | Case Type:Maltreatment (Mixed Verdict - Retention)
-14 January 2016: Coast Guard Petty Officer with 17 years service retained at a special court martial after being charged with driving under the influence, 5 allegations of slapping a female sailor on the behind, and indecent language. Mixed verdict. The retention finding was a victory.

Court-Martial | Case Type: Drugs - Percocet (Not Guilty)
-7 January 2016: Navy chief warrant officer with over 16 years of service found not guilty of wrongfully using Percocet under Article 112a. We turned down nonjudicial punishment. The command referred the case to a special court-martial. Mr. Conway presented an innocent ingestion defense and the panel found the Sailor not guilty.

Discharge Review Board| Case Type:OTH Upgraded to General
-4 January 2016: Sailor's other than honorable discharge upgraded to a general discharge through a records review with the Naval Discharge Review Board.


2015

Court-Martial | Case Type: Forcible Rape, Assault, Travel Claim Fraud, False Official Statement (Not Guilty)
-7-18 December 2015: A Coast Guard Petty Officer began the legal process facing 29 specifications of allegations including sexual assault of two alleged victims, assault, false official statement, larceny, and travel fraud. The case was essentially a child custody dispute resulting in his ex-wife making substantial allegations. After the Article 32 Investigation, we got the charges reduced to 17 specifications. After a nearly two week trial involving 17 specifications and over six hours of cross-examining the complaining witnesses (6 sexual assault specs and 6 assault specs), we received not guilty verdicts to everything but the travel fraud / larceny allegation. After beginning with 29 specifications, he was basically reduced to E-2 with 30 days hard labor without confinement - but most importantly there was no discharge. All things considered it was an exceptional result. The client will have six months until the expiration of his term of service. In cases involving seemingly overwhelming amounts of allegations, our philosophy is to chip away one charge at a time.

Board for Corrections of Military Records | Case Type: Common Access Card Denial (Card restored))
-4 December 2015: Civilian contractor received a revocation of his Common Access Card. Upon our appeal, the Common Access Card was restored.

Physical Evaluation Board
-30 November 2015: An officer the firm represented before the Physical Evaluation Board was placed on the Permanent Disability Retired List.

Clemency and Parole Board
-27 November 2015: Parole granted for a client convicted of sexual assault. The firm did not represent him at trial. The firm assisted in the appeal and parole package. This was the first time the client was eligible for parole.

Court-Martial| Case Type: Sexual Assault (Favorable Article 32 PHO recommendation)
-23 November 2015: Sexual assault charge dismissed after the Article 32 Investigation (Pretrial hearing) at Barksdale AFB. Client found not guilty of the remaining charge in March 2016.

DRB | Continuing Legal Education Class
-23 November 2015: Mr. Conway taught a Discharge Review Board continuing legal education course at the University of New Hampshire School of Law.

Media
-21 November 2015: Watched the new movie The Stanford Prison Experiments this weekend. The movie is about the study by Dr. Phil Zimbardo. Dr. Zimbardo was our expert in the Abu Ghraib prison cases. He later wrote a book - inspired in part by the case - called The Lucifer Effect - Understanding How Good People Turn Evil.

Court-Martial
-20 November 2015: Sexual assault charges dismissed in a Coast Guard case following the Article 32 Investigation (Pretrial hearing). Charges still remain to be fought at trial.

Court-Martial
-17 November 2015: Sergeant (E-5) at Fort Wainwright, Alaska accused of maltreating and assaulting 9 Soldiers. 5 out of 9 charges dismissed. Reduction to E-4, 90 days hard labor without confinement. Retained.

-6 November 2015: Suspended separation recommended in a Navy enlisted separation board involving two DUIs. Assisted in having a medical evaluation board initiated.

-30 October 2015: Obtained retention for an Army E-7 facing separation through a QMP (Qualitative Management Program) action.

-29 October 2015: Officer board of inquiry at Fort Stewart, Georgia. Captain with 16 years of service retained. The allegations generally involved maltreatment of subordinate Soldiers.

-26 October 2015: General discharge and disability obtained for a Guard member facing separation for steroid use, maltreatment of Soldiers, and many other charges.

-26 October 2015: Former client released from confinement after 4 years in a high profile combat-related murder case out of Afghanistan. The case was known as the Stryker 5 case.

News Article
-21 October 2015: Mr. Conway quoted in the Washington Examiner about the Kunduz bombing.

Court-Martial| Case Type: Child Abuse (Not Guilty)
-16 October 2015: Acquittal in a child abuse case at RAF Lakenheath. We were able to successfully suggest that the source of the child's injury was an employee at the Child Development Center.

Court-Martial Case Type: Sexual Assault (Favorable Article 32 PHO recommendation)
-1 October 2015: Received Article 32 Pretrial Hearing report in an Air Force sexual assault case at Mountain Home AFB, Idaho finding no probable cause for 19 out of 22 charges. For the remaining three charges the investigating officer was skeptical and found inconsistencies, but believed there was minimally probable cause.

Court-Martial | Case Type: Drugs - Cocaine (Guilty, 30 days confinement, no discharge)
-30 September 2015: Air Force court-martial for cocaine use resulted in retention for the service-member.

Court-Martial
-24 September 2015: Obtained dismissal of all charges at Fort Lee, VA in a maltreatment case.

Court-Martial
-23 September 2015: Special court-martial domestic abuse and drug charges dismissed in exchange for a summary court at Marine Corps Air Station Mirimar. No criminal conviction.

News Article
-17 September 2015: Mr. Conway is appearing on KTVB in Boise to discuss the Berghdal case as an expert in military law.

-14 September 2015: Successful outcome in a medical evaluation board.

-11 September 2015: CID titling action expunged.

Court-Martial| Case Type: Forcible Rape - Two alleged victims (Not Guilty)
-10 September 2015: Full acquittal. 82nd Airborne Soldier at Fort Bragg charged with multiple specifications of rape in violation of Article 120, UCMJ. Case involved two different alleged victims. Additional Article 134 allegations included. Jury trial. Not guilty to all charges and specifications.

Court-Martial
-4 September 2015: Soldier retained in a BAH fraud general court-martial in Monterey, California (DLI). No confinement and a reprimand.

-1 September 2015: Army Discharge Review Board granted an upgrade to a discharge.

Court-Martial| Case Type: Sexual Assault (Favorable Article 32 PHO recommendation)
-26 August 2015: Article 120 charges dismissed at Camp Foster, Okinawa after Article 32 Pretrial Hearing.

Court-Martial | Case Type: Motions Practice(New Article 32 Investigation Granted)
-18 August 2015: Judge ordered a new Article 32 Pretrial Hearing and granted critical cell phone digital forensic expert in an Article 120 sexual assault case at Barksdale AFB.

Court-Martial Case Type: Drugs- Adderall (Dismissed, Honorable Discharge Expiration of Active Service)
-10 August 2015: Marine discharged honorably in an adderall case at Camp Pendelton. Special court martial charges were withdrawn. No separation board. Marine discharged upon end of active service.

Court-martial Case Type: Drugs- Steroids and Conspiracy (Guilty, 7 days confinement, no discharge)
-20 July 2015: Marine retained in a steroids and conspiracy case with multiple specifications. 7 days confinement

Client Testimonials

Hear from Service Members We've Helped
  • “Gary got my witnesses and recommendation letters on point and got me ready to testify at my hearing. Because of his representation I was recommended for retention. ”

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  • “I would recommend this firm to any service member or federal government employee for all legal matters involving the US Government, in particular the military justice system. ”

    Abel L.

  • “Simply put, I owe any future success of my own in the military to Mr. Myers' representation.”

    Former Client

  • “I received my board results and the outcome was positive. It's due to Mr. Myers experience in this area and his unwavering dedication to his clients!”

    Former Client

Our Results

Prior Results Do Not Guarantee a Similar Outcome
  • Article 120 Investigation 13 September 2018
  • Reversal of a Recoupment Action 16 June 2018
  • Charges Dismissed 18 June 2018
  • Article 120 - Full Set Aside of a Conviction 18 June 2018
  • Honorable Discharge 19 June 2018
  • Convictions Set Aside 20 April 2018
  • No Misconduct Found 20 June 2018
  • Board of Inquiry 20 September 2018
  • Board of Inquiry 20 September 2018
  • Reinstatement of Security Clearance 21 December 2018

Contact the Firm

Your Future is Too Important Not To
  1. Fast Response Times & Free Initial Consultations Available 24 Hours
  2. Over 100 Years of Combined Legal Experience
  3. Frequent Coverage on High-Profile Media Networks
  4. Court-Martial Experience in Every Service & Every Crime
  5. A Leading Military Law Firm Since 1973
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All information is confidential. Free initial consultations, however, do not create an attorney-client relationship.

AS FEATURED ON:

  • Vanity Fair
  • Texas Monthly
  • The New Yorker
  • MSNBC
  • People Magazine
  • Wall Street Journal
  • Rolling Stone Magazine
  • Los Angeles Times
  • Navy Times
  • AirForce Times