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Case Results

Administrative Separation Board And Board Of Inquiry

  • A U.S. Marine Reserve captain tested positive on a random urinalysis and confessed to command representatives to wrongful use of marijuana. The captain was ordered to show cause before a board of inquiry. Following presentation of evidence of extraordinary circumstances, including a praiseworthy war record, board members recommended and the secretary approved a general (under honorable conditions) discharge.
  • Petitioned the Board of Corrections for Naval Records in the case of a former U.S. Navy petty officer who had been separated from the service for commission of a serious offense.
  • In the case of a Navy petty officer charged at a special court-martial with reckless endangerment and destruction of government property, filed numerous pretrial motions that resulted in dismissal of all charges. When the command attempted to separate the member at an administrative separation board for the same misconduct, the attorneys of The Cody Law Firm appeared before the board, whose members concluded after deliberations that the evidence did not support the basis for separation. Following further adverse command action taken in retaliation against the petty officer for the exercise of his legal rights, the firm assisted the petty officer in the filing of a Complaint of Wrongs under Article 138, UCMJ against his commanding officer. The Article 138 complaint was successful and the petty officer was ultimately vindicated.

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