Results
Defending Military Members Worldwide
No Basis And Retained
November 2023
Mr. Galli successfully obtained no basis before an administrative separation board for 11 out of 12 sexual harassment charges. The board voted to retain the member.
Obtained Honorable Discharge
November 2023
Mr. Galli obtained an upgrade from an other than honorable discharge to an honorable discharge for a Sailor.
Boi Dismissed
October 2023
Mr. Conway represented an Army officer facing a board of inquiry. Through persistence, we were able to get the BOI dismissed on account of retaliation by his senior rater.
Obtained Honorable Discharge
September 2023
Mr. Galli obtained an upgrade from an other than honorable discharge to an honorable discharge for a Sailor.
Not Guilty
September 2023
Mr. Conway represented an Air Force enlisted member accused of multiples specifications of disrespect and absence without leave. After a fully contested trial, he was found not guilty of all charges and specifications.
No Confinement Received
September 2023
Mr. Conway represented an officer accused of sexual assault. At a general court-martial, he was found not guilty of sexual assault, but guilty of fraternization. He did not receive any confinement.
No Basis Found
August 2023
Mr. Simon represented a Soldier before an administrative separation board. The board found no basis for all allegations.
No Confinement And No Discharge
August 2023
Mr. Conway represented a Soldier accused of desertion. He received no confinement and no punitive discharge.
No Confinement And No Discharge
July 2023
Mr. Conway represented a Soldier at Fort Hood in a general court-martial for domestic violence. We achieved no confinement and no discharge.
No Basis And Retained
July 2023
Mr. Galli represented a Solider at a separation board at Fort Stewart for drugs. The board found no basis and the Soldier was retained.
Charges Dismissed
May 2023
Mr. Simon represented a Soldier accused of Child Pornography. Mr. Simon got the charges dismissed.
Obtained Retention
May 2023
Mr. Conway represented a Sailor before an administrative separation board and obtained retention.
Achieved A Reasonable Outcome
April 2023
Mr. Conway achieved a favorable outcome for a Soldier accused of domestic violence. The case was caught on video. Under the circumstances, we achieved a very reasonable outcome.
Charges Dismissed
August 2021
Mr. Conway got sexual assault charges against an Airman dismissed in exchange for an Article 15.
Not Guilty
July 2021
Mr. Conway represented an Army master sergeant accused of sexual assault at Ft. Sam Houston. The master sergeant was found not guilty.
Charges Reduced
July 2021
Mr. Conway got indecent recording charges involving an officer reduced to a reprimand.
No Basis And Retained
June 2021
Mr. Conway represented a master sergeant at an administrative separation board accused of sexual assault. The board found no basis and retained.
Charges Dismissed
May 2021
Two charges of Rape and other related charges were dismissed after the Preliminary Hearing under Article 32 for an NCO facing life imprisonment if the charges had gone forward. Mr. Pristera convinced the hearing officer and the convening authority not to proceed in the case despite two separate alleged victims with rape allegations. Mr. Pristera dissected the evidence and the credibility concerns of the allegations and demonstrated that proceeding to a Court Martial would be inappropriate.
General Discharge
April 2021
Mr. Conway represented a Soldier accused of sexual assault. General discharge for a Soldier accused of sexual assault.
Allegation Removed From Reprimand
April 2021
Mr. Conway represented a commander issued General Officer Memorandum of Reprimand for sexual assault. Sexual assault allegation removed from reprimand.
No Reduction In Rank Or Discharge
April 2021
Mr. Conway represented master sergeant accused of sexual assault. He made incriminating statements on a pretext call. Mixed verdict. No reduction in rank. No discharge.
Not Guilty
April 2021
Mr. Conway represented a Soldier facing sexual assault allegations from four women. Not guilty to three out of four.
Case Dismissed
April 2021
Mr. Conway represented an Air Force Officer accused of sexual assault. The government withdrew and dismissed after opening statements.
Obtained Des Processing
April 2021
Mr. Pristera obtained DES processing and the recalculation of an appropriate retirement disability percentage for a former Soldier who served on active duty in the 90s. Medical records and service records from over 20 years ago demonstrated that the member was inappropriately separated and denied medical processing and consideration for medical retirement.
Board Withdrawn
March 2021
Mr. Conway represented an Army officer facing board of inquiry. Board withdrawn.
Evaluation Was Removed From The Officer’S Record
March 2021
Mr. Pristera represented a Naval Officer to appeal an evaluation before the BCNR. Upon appeal, the evaluation was removed from the Officer’s record.
Retained In The Army
March 2021
Mr. Pristera represented a Soldier on multiple charges and obtained an acquittal on all maltreatment specifications. The Soldier was found guilty of only one specification for an inappropriate relationship. He was retained in the Army.
Obtained A Medical Retirement
March 2021
Mr. Pristera obtained a medical retirement for a member through DES processing after the member was separated by the Army improperly. Mr. Pristera appealed the case to the Army BCMR, which agreed that disability evaluation processing should have occurred at the time of separation and that the Army failed to implement its own obligations for taking care of members injured on active duty.
Successfully Appealed
February 2021
Mr. Pristera successfully appealed a separation for an officer to the BCMR and obtained Surg Gen Review of the case for medical retirement of the officer.
Retained Security Clearance
February 2021
Mr. Pristera successfully represented a senior officer before the DOD CAF to retain the officer’s security clearance after allegations of mental health conditions. The Officer retained a Top Secret clearance without having to attend a DOHA hearing.
Case Dismissed
February 2021
Mr. Pristera convinced an Army command to drop and Administrative Separation action for a Soldier facing administrative separation for mental health reasons. The command directed mental health assessment was superficial and failed to provide a thorough basis for separation.
Full Acquittal
January 2021
My Pristera obtained a full acquittal at special court-marital for charges of drug use / marijuana for a Navy Seal. The member was able to continue his career and retire.
Sailor Retained
January 2021
Mr. Pristera successfully represented a Sailor for a second positive urinalysis and (again) got the sailor retained at an administrative separation board. This was the second time this Sailor tested positive in his career and Mr. Pristera successfully defended him on both occasions. These were cases of accidental ingestion which is becoming much more common in locations where marijuana is legal and publicly available.
General Discharge
January 2021
Mr. Pristera avoided a Bad Conduct Discharge for an NCO that plead guilty to charges of larceny and destruction of property. The NCO received 4 months of jail time and was administratively separated with a general discharge following his sentence.
Retained
January 2021
Mr. Pristera saved the career of a young marine facing allegations of a negligent discharge while on duty at the U.S. Border. The member was retained and able to continue his service.
Line Of Duty (Lod) Determination Granted
December 2020
Mr. Pristera appealed to the Army BCMR on behalf of an Army Reserve officer and got a Line of Duty (LOD) determination granted, which authorized VA disability for the officer.
Correction Of Referred Officer Evaluation Report
September 2020
Mr. Pristera obtained the redaction and correction of a referred Officer Evaluation Report for an Army Lieutenant Colonel. The OER is no longer a referred OER and all senior rater comments and ratings have been removed.
Retained
August 2020
Mr. Galli represented a Navy LN1 facing administrative separation based on four separate allegations of alleged misconduct. As a result of Mr. Galli's advocacy, the Board voted unanimously to find no basis for separation and fully retained the Sailor.
Stay Of Proceedings
August 2020
Mr. Conway got the Army Court of Criminal Appeals to stay the proceedings in a General Court-Martial at Ft. Lee.
Correction Of Military Record
August 2020
Mr. Pristera successfully obtained the correction of a Navy Captain’s military record to fully transfer his educational benefits to his dependents post retirement. The Navy initially denied the officer the transfer of benefits after a paperwork error. Upon appeal to the BCNR, Mr. Pristera convinced the Assistant Secretary of the Navy to approve the transfer of benefits retroactively as a matter of equity.
Upgrade To Honorable
July 2020
Mr. Galli represented a former Sailor seeking an upgrade to his characterization of service via a submission to the Naval Discharge Review Board. The Sailor had been separated pursuant to an allegation of misconduct with an Other Than Honorable. Mr. Galli successfully secured an upgrade of the client’s characterization to Honorable based on equitable grounds, which also resulted in favorable changes to the client’s narrative reason for separation.
Upgrade To Honorable
July 2020
Mr. Galli represented a former Airman seeking an upgrade to his characterization of service via the Air Force Discharge Review Board. He had been separated for an allegation of misconduct with a General (under honorable conditions). Mr. Galli successfully secured an upgrade of the client’s characterization to Honorable based on equitable grounds, which also resulted in favorable changes to the client’s narrative reason for separation.
Full Acquittal
July 2020
Mr. Conway obtained a full acquittal for an Air Force E-8 in a forcible rape case at Nellis AFB.
Full Acquittal
July 2020
Mr. Pristera obtained a full acquittal for an Army NCO facing court-martial for cocaine use after testing positive for cocaine at a random urinalysis. The case was brought before a military panel at special court martial at for Bragg, NC.
Retained
June 2020
Mr. Galli represented an Air Force Major facing administrative elimination based on multiple allegations of misconduct including a DUI allegation. As a result of Mr. Galli's advocacy, the Board voted to retain the Officer.
Full Acquittal
June 2020
Mr. Pristera and Mr. Conway obtained a full acquittal in a high profile Army sexual assault case. Read the full story.
General Discharge
June 2020
Mr. Conway secured a General discharge for a Marine officer at a show cause board. There were numerous allegations of sexual misconduct. A general discharge was viewed as a favorable result.
Retained
June 2020
Mr. Pristera successfully represented a Navy Commander and doctor facing administrative elimination for sexual harassment and shoplifting. The Officer was retained on active duty and will be able to retire from the active component.
Charges Dismissed
May 2020
Mr. Conway obtained dismissal of charges in a Coast Guard case following the Article 32 Investigation.
Obtained Re-Instatement
March 2020
Mr. Conway obtained re-instatement on active duty for a retirement eligible Marine wrongfully separated at 17 years of service. The BCNR is granting credit for time in service and back-pay.
No Probable Cause
March 2020
Mr. Conway obtained a no probable cause recommendation for a Coast Guard Sailor at an Article 32 Investigation.
Full Acquittal
March 2020
Mr. Conway achieved a full acquittal for a technical sergeant accused of abusive sexual contact.
Successfully Appealed
January 2020
Mr. Pristera successfully appealed to the Army Grade Determination Review Board on behalf of an Army Lieutenant Colonel facing possible retirement as a Major. The administrative appeal rebutted the alleged misconduct and also demonstrated that the Officer performed honorably in his grade despite the allegations. He was approved for retirement as a Lieutenant Colonel.
Retention On The Promotion List
December 2019
Mr. Galli represented an Army Officer in connection with a Promotion Review Board (PRB) action. Mr. Galli successfully rebutted the PRB action and secured the officer's retention on the promotion list.
Retained Security Clearance
November 2019
Mr. Pristera successfully represented an Army Reserve Officer facing a loss of TS/SCI security clearance. The denial of due process by DOD CAF was based on classified information that DOD CAF was not even able to review. In the very unique case, Mr. Pristera was able to work with DOD CAF to conduct an audit of the Officers security clearance, resulting in the TS.SCI clearance being reinstated in full. All administrative separation and transfer actions within the USAR were terminated and the officer will now be promoted to Major once his flag is removed.
Retained
November 2019
Mr. Conway represented a Naval Officer accused of wrongfully using a prescription drug. Through dialogue with his wife, command, and PERS we obtained a determination that the positive urinalysis was the result of an innocent ingestion. The officer was not required to show cause for retention.
Retained
November 2019
Mr. Pristera successfully represented an Army Chief Warrant Officer Before a board of inquiry for allegations that he lied about taking an army physical fitness test. Despite the officer having previously received a written general officer reprimand for the allegations, Mr. Pristera convinced the board of officers to unsubstantiate the conduct and find that the evidence did not establish the allegation by a preponderance of the evidence. He was retained for future service.
Honorable Characterization
October 2019
Mr. Galli represented an Army Officer at a Board of Inquiry. The officer was accused of wrongful use of a controlled substance on two separate occasions. Mr. Galli successfully secured an Honorable characterization of service for the officer.
Successfully Appealed
October 2019
Mr. Pristera successfully argued before the Air Force Evaluation Appeal Board (ERAB) for the removal of an Enlisted Performance Report (EPR) on based on an improperly conducted and flawed investigation into alleged misconduct.
Honorable Characterization
October 2019
Mr. Galli represented a former Marine seeking an upgrade to his characterization of service via a submission to the Naval Discharge Review Board (NDRB). The Marine had been separated pursuant to an allegation of use of illegal drugs with a General (under honorable conditions). Mr. Galli successfully secured an upgrade of the client’s characterization to Honorable based on equitable grounds, which also resulted in favorable changes to the client’s narrative reason for separation and reenlistment code entries as well.
Granted Placement On Pdrl
October 2019
Mr. Galli represented a former Navy Sailor who had previously been found unfit for duty, but had been denied placement on the Permanent Disability Retired List (PDRL). As a result of Mr. Galli’s representation before the Board for Correction of Naval Records, the Sailor was granted placement on the Permanent Disability Retired List (PDRL) with a rating of 30 percent.
Upgrade In Discharge
October 2019
Mr. Pristera obtained an upgrade in the discharge of a Navy Sailor.
Successfully Appealed
September 2019
Mr. Pristera successfully argued to the AFBCMR for the correction of a government debt erroneously created and imposed on an Officer. The debt was for recoupment of a bonus based on an error that led the Air Force and DFAS to believe that the Officer was not entitled to the bonus.
Not Guilty
September 2019
Mr. Conway represented an officer accused of indecent exposure. After a week-long trial, the officer was found not guilty of all charges and specifications.
Retained
September 2019
Mr. Galli represented a Navy Master Chief Petty Officer facing administrative separation based on an allegation of unsatisfactory performance. As a result of Mr. Galli's advocacy, the Board voted unanimously to find no basis for separation and fully retained the Sailor.
Upgrade To Characterization
September 2019
Mr. Galli represented a former Marine seeking an upgrade to his characterization of service via a submission to the Naval Discharge Review Board (NDRB). Mr. Galli successfully secured an upgrade from Other Than Honorable to General (under honorable conditions) for the client based on equitable grounds and the client’s diagnosed mental health issues.
Retained
August 2019
Mr. Galli represented a Navy Seaman facing administrative separation based on an allegation that he wrongfully used a controlled substance. As a result of Mr. Galli's advocacy, the Board voted unanimously to retain the Seaman in the Naval Service.
Honorable Characterization
July 2019
Mr. Galli represented an Army Sergeant facing administrative separation based on an allegation that she wrongfully used a controlled substance. Mr. Galli successfully secured an honorable characterization of service for the Soldier.
Retained
July 2019
Mr. Galli represented a Chief Warrant Officer Two facing a Promotion Review Board (PRB) based on the existence of derogatory information in her Army Military Human Resources Record (AMHRR). Mr. Galli’s efforts resulted in the CW2 being retained on the promotion list for CW3.
Honorable Characterization
July 2019
Mr. Galli represented a Soldier at an Administrative Separation Board. The Soldier was accused of wrongful use of a controlled substance. Mr. Galli successfully secured an Honorable characterization of service for the Soldier.
General Characterization
June 2019
Mr. Galli represented a Marine at an Administrative Separation Board. The Marine was accused of wrongful use of a controlled substance. Mr. Galli successfully secured a General (under honorable conditions) characterization of service for the Marine with a recommendation that his separation be suspended for 12 months.
General Characterization
June 2019
Mr. Galli represented an Army Soldier at an Administrative Separation Board. The Soldier was accused of sexual harassment and maltreatment of subordinates along with other misconduct. Mr. Galli successfully secured a General (under honorable conditions) characterization of service for the Soldier.
General Characterization
June 2019
Mr. Galli represented a former Army Soldier seeking an upgrade to his characterization of service via a submission to the Army Discharge Review Board (DRB). Mr. Galli successfully secured an upgrade from Other Than Honorable to General (under honorable conditions) for the client based on equitable grounds and the client’s diagnosed mental health issues.
Obtained Relief
May 2019
Federal Litigation
Mr. Myers obtained relief in the Court of Federal Claims for any Army officer denied the ability to apply his GI Bill to his dependents.Charge Dismissed
May 2019
Re-Sentencing
Mr. Pristera obtained a re-sentencing hearing for a criminal appeal. He got one charge dismissed. He obtained a 5-year reduction in the sentence.Charges Dismissed
May 2019
General Court-Martial
Mr. Conway obtained dismissal of two sexual assault charges on a minor. Contact us for further details.Obtained Award Of Purple Hearts
May 2019
Purple Heart
Mr. Pristera obtained the award of two purple hearts for a Vietnam War veteran. The awards now make him eligible for Combat-Related Specialty Compensation.Upgrade In Discharge
May 2019
Discharge Upgrade
Mr. Pristera obtained an upgraded discharge for a Navy Sailor separated with an Other Than Honorable discharge.Charges Dismissed
April 2019
General Court-Martial
Mr. Conway obtained dismissal of sexual assault charges on a minor dependent. Contact us for further details.Retained
April 2019
Special Court-Martial
Mr. Conway obtained retention at a special court-martial for a service-member that pleaded to soliciting donations from trainees at the School of Infantry.No Basis Finding
April 2019
Administrative Separation Board
Mr. Conway obtained a no basis finding for a Navy Chief accused of wrongfully using ecstasy.Full Acquittal
April 2019
General Court-Martial
Mr. Conway obtained a full acquittal for an Airman accused of sexual assault under Article 120, UCMJ.Successfully Appealed
March 2019
Reprimand Local Filing
Mr. Pristera saved the career of a young Army officer by successfully arguing for a local filing of General Officer Memorandum of Reprimand (GOMOR). The reprimand related to a verbal altercation between an Officer and NCO.Upgrade To Honorable
March 2019
Recoupment Action
Mr. Pristera saved a former Army Soldier and former United States Military Academy Cadet $166,099 in charged tuition. The Cadet was involuntarily separated from USMA for misconduct. Mr. Pristera was able to upgrade the cadet’s discharge characterization to Honorable. Following that, he was able to successfully argue for the cancelation of the debt owed to the United States.Full Acquittal
March 2019
General Court-Martial
Mr. Pristera obtained a full acquittal for a Marine Corps Officer facing multiple drug charges, successfully arguing innocent ingestion marijuana.Retained
January 2019
Board Of Inquiry Retention
Mr. Pristera successfully represented a Sailor facing separation for prescription drug abuse. The service member was retained and the board found no basis for separation.Successfully Appealed
January 2019
We successfully represented an E-8 facing separation through a QMP (Qualitative Management Program) action. We were able to articulate to the President of the QMP Board that an isolated GOMOR was not reflective of the Soldier’s extended career.
Successfully Appealed
January 2019
Board Of Inquiry Retention
Mr. Pristera successfully represented an Army Officer facing separation for an inappropriate relationship with an NCO. The board found that no basis existed for separation and that the evidence did not support the allegation.Member Added To Pdrl
January 2019
Physical Evaluation Board
Mr. Galli represented a Sailor at a Formal Physical Evaluation Board (PEB). The Navy was attempting to medically retire the Sailor at a dramatically-reduced disability rating. As a result of Mr. Galli’s representation, the Board agreed to place the member on the Permanent Disability Retired List (PDRL) with a rating of 30 percent.Successfully Appealed
January 2019
Physical Evaluation Board
Mr. Myers and Mr. Galli represented an Army doctor (captain) at a Formal Physical Evaluation Board (PEB). The Army had previously found the doctor fit for duty despite his serious medical diagnosis. Mr. Myers and Mr. Galli successfully argued for the doctor to be found unfit and medically retired from the Army.Retained
January 2019
We 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.
Announcement
December 2018
Mr. Pristera was quoted in the Army Times.
Obtained Imposition Of A Reprimand
December 2018
Mr. Conway obtained imposition of a reprimand for an allegation of sexual assault while intoxicated.
Announcement
December 2018
Mr. Conway was quoted in Task and Purpose on the Maj. Golsteyn case out of Fort Bragg.
Full Acquittal
December 2018
Mr. Pristera obtained a full acquittal for a Navy Chief in Bahrain at a Special Court-Martial.
Successfully Appealed
November 2018
General Officer Memorandum of Reprimand. We got a General Officer Letter of Reprimand (GOMOR) for dereliction of duty and disobeying lawful orders filed locally for an Army Officer. We were 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.
Successfully Appealed
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.
No Misconduct Found
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.
Upgrade To Honorable
October 2018
Board Of Inquiry Retention
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.Oer Amended
October 2018
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.
Obtained Promotion
September 2018
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.
Honorable Characterization
September 2018
Board Of Inquiry Retention
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.Allegations Unsubstantiated
September 2018
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.
Announcement
September 2018
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."
Not Guilty
August 2018
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.
Obtained Additional Post-Trial Hearings
July 2018
Mr. Pristera obtained additional post-trial hearings for a Soldier that pleaded guilty to two specifications where the statute of limitations had expired.
Retained
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.
Honorable Characterization
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.
Retired In Grade
June 2018
Mr. Conway represented a Marine officer accused of wrongfully using Percoset. The board recommended retiring the officer in grade.
Retained
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.
No Punitive Discharge May Be Approved
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.
Mitigated The Sentence
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.
Discharge Upgrade
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 for fully appealing his case due to loss of critical case documents by the government.
Nonjudicial Punishment
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.
Successfully Appealed
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.
Reduced Charges
June 2018
Mr. Conway represented a Marine in Okinawa charged with 5 specifications of sexual assault and one specification 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 assault. 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.
Obtained The Local Filing
June 2018
Mr. Pristera obtained the local filing of a reprimand for an Army Major.
Not Guilty
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.
Not Guilty
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.
Successfully Appealed
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.
Honorable Discharge
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.
7 Charges Dismissed
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.
Upgrade To Honorable
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.
No Discharge
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.
Retained
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.
Not Guilty
March 2018
Mr. Galli represented a Soldier accused of wrongful use of amphetamines at an Article 15 proceeding. As a result of Mr. Galli’s representation, the Soldier was found not guilty.
Obtained A 6 Month Sentence
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.
Retained
March 2018
Mr. Conway represented a Soldier in Germany being administratively separated for unsatisfactory performance. The board voted to retain the Soldier.
Not Guilty
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.
Reprimand Was Filed Locally
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.
Honorable Discharge
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.
Charges Dismissed
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.
Not Guilty
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.
Successfully Appealed
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.
Negotiated A Plea
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.
Upgrade In Discharge
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.
Successfully Appealed
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.
Successfully Appealed
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.
Reduced Charges
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.
Successfully Appealed
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.
Obtained A Change In A Dd 214
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.
Announcement
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.
Retained
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.
Reduced Charges
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.
General Discharge
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.
Charges Dismissed
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.
Not Guilty
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.
Honorable Discharge
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.
Successfully Appealed
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.
Not Guilty
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.
Reduced Charges
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.
Retained
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.
No Probable Cause
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.
Retained
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.
Successfully Appealed
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.
Retained
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.
Announcement
August 2017
Quoted in USA Today / Detroit Free Press about the Marine Corps Drill Instructor case involving the death of a recruit.
Retained
July 2017
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.
Not Guilty
July 2017
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.
Reinstatement
June 2017
Removal of NJP: The BCNR ordered removal of an NJP, BOI results, and reinstatement for an officer erroneously separated.
Reversal Of Convictions
May 2017
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.
Charges Dismissed
May 2017
Charges were dismissed in exchange for a general discharge at Camp Pendleton.
Charges Dismissed
May 2017
Charges were dismissed for a Marine accused of sexual assault at Marine Corps Air Station Mirimar.
Honorable Discharge
May 2017
Mr. Pristera represented an enlisted Soldier at Fort Wainwright, Alaska. The board voted to separate the Soldier with an Honorable discharge.
Full Acquittal
May 2017
An enlisted Marine was accused of sexually assaulting a civilian while she was incapacitated from alcohol. There were 4 specifications.
Retained
May 2017
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.
Charges Dismissed
May 2017
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.
Announcement
May 2017
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.
Clearance Reinstated
April 2017
Security Clearance | Case Type: Drug Use
Granted A Purple Heart
April 2017
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.
Not Guilty
April 2017
Ramstein AFB, Germany | Case Type: Single specification of cocaine use (135ng/ml)
Successfully Appealed
April 2017
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.
Retained
April 2017
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.
Clearance Granted
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.
Successfully Appealed
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.
Avoided Separation
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.
Retained
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.
Full Acquittal
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.
Charges Dismissed
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.
Successfully Appealed
March 2017
Mr. Myers successfully represented a Soldier in removing a reprimand to the restricted fiche.
Full Acquittal
March 2017
5 specs of assault, 7 specs of maltreatment, 6 specs of conduct unbecoming, 2 specs of violating a no contact order. Mr. Conway recently obtained a full acquittal for a Soldier at Fort Bragg.
New Trial Granted
February 2017
US v. Cook.
Partial Relief
February 2017
Partial relief at ABCMR.
Retained
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.
Mixed Verdict
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.
Announcement
January 2017
San Antonio Express News coverage of a previous case.
Clearance Reinstated
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.
Referred For Review
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.
Honorable Characterization
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.
Retirement
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.
Retained
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.
Not Guilty
December 2016
General Court-Martial
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.Honorable Discharge
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.
General Discharge
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.
Announcement
November 2016
General Court-Martial
Mr. Pristera argued a case at the Air Force Court of Criminal Appeals.Not Guilty
November 2016
General Court-Martial
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.Charges Dismissed
November 2016
General Court-Martial
On this day, we learned that an assault charge was dismissed in an on-going case in Germany. Charges remain to be fought early next year. We obtained the dismissal because of received a non-prosecution letter from the alleged victim.Plea Given
November 2016
General Court-Martial
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.Honorable Discharge
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.
Njp Turn Down – 6105
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.
No Misconduct Found
November 2016
Administrative Separation Board
Mr. Pristera successfully defended a reserve officer accused of drug abuse. The board found no misconduct.Full Acquittal
November 2016
General Court-Martial
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.No Disciplinary Action
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.
Announcement
October 2016
General Court-Martial
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.Obtained A New R.C.M. 1105
October 2016
General Court-Martial
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.No Charges
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.
Announcement
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.
Plea Deal
October 2016
General Court-Martial
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.General Discharge
October 2016
Administrative Separation Board
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.Full Acquittal
October 2016
General Court-Martial
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.No Misconduct Found
September 2016
Administrative Separation Board
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.General Discharge
September 2016
Administrative Separation Board
A Marine sergeant at Twentynine Palms received 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 receive an Other than Honorable Discharge. Mr. Conway obtained a general discharge for the Marine. A favorable result under the circumstances.Announcement
September 2016
Mr. Myers was quoted in the new book "No Time for Truth" about the Haditha case.
Amended
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.
Not Guilty
September 2016
General Court-Martial
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.Upgrade To Honorable
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.
Change In Reason For Discharge
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.
Reversal Of Convictions
August 2016
General Court-Martial
Mr. Pristera successfully obtained the reversal of two sexual assault convictions in United States v. Ellis.Successfully Appealed
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.
Reprimand
August 2016
General Court-Martial
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.Soldier Permitted To Ets
August 2016
General Court-Martial
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.Successfully Appealed
August 2016
General Court-Martial
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.General Discharge
August 2016
General Court-Martial
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.Request Granted
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.
Reduced Charges
July 2016
A Marine corporal in California tested positive with over 22,000 ng/ml of the cocaine metabolite. He was found guilty of wrongfully 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.
Obtained A Settlement
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.
Reduced To Letter Of Concern
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.
Successfully Appealed
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.
Successfully Obtained Benefits
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.
Successfully Appealed
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.
Relief Granted
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.
Announcement
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.
Returned To Normal Duty
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.
Not Guilty
June 2016
General Court-Martial
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.
Separation In Lieu Of Trial
June 2016
General Court-Martial
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.No Probable Cause
June 2016
General Court-Martial
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.High Year Tenure Waiver Request Granted
May 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.
Reduced Charges
May 2016
General Court-Martial
An Army private first class stationed in South Korea was accused of sexually 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.Not Guilty
May 2016
General Court-Martial
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.Successfully Appealed
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.
Favorable Article 32 Pho Recommendation
May 2016
General Court-Martial
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.Honorable Characterization
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 disorderly conduct was substantiated. The officer was recommended for an Honorable characterization of service.
No Misconduct Found
May 2016
Administrative Separation Board
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.Mixed Verdict
April 2016
General Court-Martial
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.
Not Guilty
April 2016
General Court-Martial
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.Pretrial Confinement Hearing
April 2016
General Court-Martial
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.Obtained Placement On The Pdrl
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.
Favorable Article 32 Pho Recommendation
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.
Announcement
March 2016
Mr. Conway quoted on foxnews.com about the Leavenworth 10.
Not Guilty
March 2016
General Court-Martial
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.No Misconduct Found
March 2016
Administrative Separation Board
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.Reduced Charges
March 2016
General Court-Martial
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.Oth Upgraded To General
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.
Favorable Article 32 Pho Recommendation
February 2016
General Court-Martial
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.No Misconduct
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.
Charges Dismissed
January 2016
General Court-Martial
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.No Misconduct
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.
Charges Dismissed
January 2016
General Court-Martial
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.Announcement
January 2016
Boise Weekly story about the Stryker 5 case.
Charges Dismissed
January 2016
General Court-Martial
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.Announcement
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.
Charge Dismissed
January 2016
General Court-Martial
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.Mixed Verdict – Retention
January 2016
General Court-Martial
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.Not Guilty
January 2016
General Court-Martial
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.Oth Upgraded To General
January 2016
Sailor's other than honorable discharge upgraded to a general discharge through a records review with the Naval Discharge Review Board.
Not Guilty
December 2015
General Court-Martial
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.Card Restored
December 2015
Board For Corrections Of Military Records
Civilian contractor received a revocation of his Common Access Card. Upon our appeal, the Common Access Card was restored.Placed On The Pdrl
November 2015
An officer the firm represented before the Physical Evaluation Board was placed on the Permanent Disability Retired List.
Successfully Appealed
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.
Not Guilty
November 2015
General Court-Martial
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.Announcement
November 2015
Mr. Conway taught a Discharge Review Board continuing legal education course at the University of New Hampshire School of Law.
Announcement
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.
Charges Dismissed
November 2015
General Court-Martial
Sexual assault charges dismissed in a Coast Guard case following the Article 32 Investigation (Pretrial hearing). Charges still remain to be fought at trial.Retained
November 2015
General Court-Martial
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.Medical Evaluation Board Initiated
November 2015
Suspended separation recommended in a Navy enlisted separation board involving two DUIs. Assisted in having a medical evaluation board initiated.
Retained
October 2015
Obtained retention for an Army E-7 facing separation through a QMP (Qualitative Management Program) action.
Retained
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.
General Discharge
October 2015
General discharge and disability obtained for a Guard member facing separation for steroid use, maltreatment of Soldiers, and many other charges.
Client Released From Confinement
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.
Announcement
October 2015
Mr. Conway quoted in the Washington Examiner about the Kunduz bombing.
Not Guilty
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.
No Probable Cause
October 2015
General Court-Martial
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.Retained
September 2015
General Court-Martial
Air Force court-martial for cocaine use resulted in retention for the service-member.Charges Dismissed
September 2015
General Court-Martial
Obtained dismissal of all charges at Fort Lee, VA in a maltreatment case.Charges Dismissed
September 2015
General Court-Martial
Special court-martial domestic abuse and drug charges dismissed in exchange for a summary court at Marine Corps Air Station Mirimar. No criminal conviction.Announcement
September 2015
Mr. Conway is appearing on KTVB in Boise to discuss the Berghdal case as an expert in military law.
Successfully Appealed
September 2015
Successful outcome in a medical evaluation board.
Expunged
September 2015
CID titling action expunged.
Full Acquittal
September 2015
General Court-Martial
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.No Confinement
September 2015
General Court-Martial
Soldier retained in a BAH fraud general court-martial in Monterey, California (DLI). No confinement and a reprimand.Upgrade In Discharge
September 2015
Army Discharge Review Board granted an upgrade to a discharge.