Naval Aviator UQR, Federal Forfeiture Case, Security Clearance SOR Defense at CAF and DOHA, and Adult and Juvenile Criminal Matters Reduced, Dismissed and DivertedPosted: May 31, 2019
It’s been a productive month of May: An active duty Naval aviator client’s Unqualified Resignation request received a favorable endorsement yesterday from a key commander in the approval chain. We also had a Federal Forfeiture case resolve favorably this month with a refund of the client’s seized assets before a formal case was ever filed by the prosecuting U.S. Attorney’s office. In addition, we heard this week from the DoD office responsible for adjudicating many industrial, security clearance matters (DOHA) that a client’s LOI/SOR will likely be withdrawn based on our response — again without the client having to go through a formal hearing before an Administrative Judge (AJ). We anticipate that the client’s access to sensitive, classified information will be fully restored, along with his career as an overseas defense contractor.
And then earlier, two state criminal matters – one adult and one juvenile – were dismissed and diverted. The ultimate result here will likely be no final convictions on the clients’ records.
For more detailed information on these or other cases, feel free to give us a call any time. Office Main: 214 363-1828 or email: firstname.lastname@example.org
Thanks, and warm wishes as we head on into the summer months! v/r Bill Meili
Navy Ensign’s Hopeless Situation Resolved with NPQ chit, Redesignation and Reclassification through a POCR Board
About one year into my service in the Navy, I became sick with an unknown allergy that was specific to my geographic location. Despite multiple civilian doctors asserting their professional opinions that my issues were caused by my location, my command and medical clinic would not move me. Instead, I was placed on hold status with the hopes I would get better. Having never experienced this before and overcome by the dizziness and recurring infections brought on by my condition, I struggled for a long time with what course of action to take. It was when I had been on hold for almost an entire year that I reached a breaking point and knew I needed to take action.
I stumbled upon Bill Meili’s website – www.meililaw.com – while searching for military lawyer expertise and set up a face-to-face meeting with him. He took the time to listen to my entire story from start to finish, careful to take down every detail. It was clear from the start that he related and sympathized with me – he truly cared for what I was going through.
Having been stuck in a stalemate for months (my physical and mental health deteriorating and my career stalling) he helped me sort through a multitude of options I did not realize I had at my disposal and to weigh the benefits and drawbacks of each.
Together, we made a plan based on this information that would help move things forward for me. Along the way, he reached out to significant contacts at my command and sources of information on his end to keep me properly informed and making the correct decisions for my well-being throughout the process.
Fast forward 3 months and my command had granted me a Not Physically Qualified (NPQ) chit and written me orders to a new location and new designator that will keep me out of that region for the rest of my time in the service. I fortunately avoided a MEDBOARD and resignation of my commission, two options that I held as last resorts. I received re-assignment through a Probationary Officer Continuation and Redesignation Board (POCR) and have been reclassified into a new community. My issues have improved tremendously and my career is back on the right track moving forward.
Before I met Bill, my situation seemed hopeless. I was overcome by a sense of helplessness that can be brought on by being part of such a large organization like the military. When I hired him, though, everything changed. I was expecting a lawyer; not only did I get an excellent one but also a partner with whom to navigate my seemingly impossible situation. I would have done anything to get out of the circumstance I found myself in and knowing that Bill was on speed dial to help me navigate whatever challenges each new day brought can only be described as priceless. Should anything ever go awry for me again in the future, Bill will be my first call! ENS, USN
Another good news moment came in end of last month before Thanksgiving. Happy to report that a difficult journey through the legal system for a wonderful young man and his entire family ended happily with the dismissal of the referred charge and a declination of prosecution.
Grateful for all the people involved from extended family, therapists, our investigator, the Assistant District Attorney who worked with me on the matter, and also to the CPS worker and investigating law enforcement agent I spoke to and worked with early on. So many people are involved in a case like this, and it was a privilege to work with them all. My client’s father wrote this about his family’s experience:
“Words cannot describe how Bill has helped our family navigating the ultra complicated legal landscape. My son was in significant trouble and Bill was there with us the entire time advocating, recommending a course of action, and constant follow up with not only us but with all of the involved Legal parties. I can’t explain in a short review the weight that was lifted off of our family’s shoulders with Bill’s assistance.”
If you know anyone needing assistance with a criminal defense matter — adult or juvenile — please consider giving our office a call. Thank you. Bill Meili (214) 363-1828 or email at email@example.com
Recent activity in the past three months since my last post has centered around Boards of Inquiry Defense for probationary officers. Show Cause/BOIs for probationary officers — typically those with less than 5 years of commissioned service — are particularly challenging, because of the lesser amount of due process provided by regulation. In plain language, if the local command recommends a characterization of service no worse than a General, Under Honorable Conditions, the probationary officer has no recourse to present his or her case to a “live” board of officers. It’s simply a paper presentation to his command chain for a decision by the GOSCA (usually the CG of the local installation).
That said, it’s so important to engage the chain of command early and often in order to have some hope of swaying a recommendation from them for retention, or in some cases even to close a case without it going forward. Also, it’s essential for the lawyer to call on the servicing JAG or SJA’s office so that an early and substantive dialogue can be initiated. Without that, especially in a case where there is no “live” board to advocate before and with, there is virtually no effective way to sway the GOSCA towards a more favorable view of the respondent/client.
In addition to the probationary officer cases mentioned, the office has several Army matters still hanging fire, waiting decision at DASEB on GOMOR appeals and at DASA on one of those BOIs, as well as a UQR (Unqualified Resignation appeal) now at HRC for an Army aviator, and one Marine case pending at the PERB (Performance Evaluation Review Board at Quantico) where we’re seeking to correct a Fitrep injustice. Keeping fingers crossed on all.
Finally, I wanted to share an unexpected bright spot which came to my attention this morning. I had worked with a family the past two years on a civilian, criminal matter. Thankfully, and with a lot of work by many people on both sides of the aisle, the state made a decision to decline prosecution. No case was filed. The bright spot this morning came in the form of a few words posted by my client’s father to a social media platform. Here’s the post in his words, and I’m forever grateful for Rob and his entire family that the result was what it was: _______________________________________________________________________________________________________________
Posted by Rob on Avvo.com
“Our Son was in significant trouble and we knew right away that he was going to need the absolute Best Representation by a Knowledgeable and Thoughtful Professional. You see, I was in a position where I knew Bill, not well, but well enough to know that in my heart I could “Trust” that Bill would do everything in his power to help our Family. He did just that and a lot more!”
“You see, Bill not only gave my Son all that he had, he poured his heart into my Family, literally keeping us in one piece. This is what gave us all strength to get through our long and difficult journey. I hate to think where my Son and my Family would be without Bill in our Lives.”
What a ride it’s been this year. Grateful for the opportunity to help many facing adversity and rough patches of varying degree and scope.
Had the distinct pleasure to work with some remarkable people this past month. Looking forward to favorable decisions in two of those cases, and, equally, to a new challenge next month on a third. Warmest wishes to all for a safe, sane and easy Fourth of July holiday weekend! Bill
[This is follow-up to a matter discussed in a 31 March Blog Posting discussing pending matters. The case was favorably resolved for Client last month on 19 April 2017 with an Administrative Discharge and final release from active duty (REFRAD)]
AWOL Case Study
Matter: AWOL, Returning to Military Control after an Extended Absence of 14 Years
Summary: This case involved the safe and successful return of our Client to military control from an AWOL status, and his subsequent administrative (vice court-martial) discharge from the service.
Our client went AWOL from Ft. Hood, Texas in 2002 when he was 21 years old. He listened to a barracks lawyer at some point before he left who told him that if he returned in less than 30 days he would be ok. He returned to post after 28 days believing his unit would simply discharge him administratively at that time. They didn’t. Instead, he was assigned extra duties, and life became extremely challenging. After about 10 days of what the client felt was unjustified and abusive treatment, he again went AWOL, returned home, and began looking over his shoulder figuratively – and sometimes literally — for the next fourteen years.
He married, worked hard, went to school and graduated with honors in accounting, and began the process of obtaining his CPA license. Additionally, he was a non-citizen, green card holder. He knew that U.S. citizenship and professional licensure were likely out of the question so long as his AWOL status remained unresolved. But, he was afraid that if he returned to military control he would be prosecuted, convicted and likely jailed, and that everything he had worked for and accomplished in the fourteen years since he left Ft. Hood that second time would be lost. He also worried about the possibility of deportation. Finally, his wife, realizing that something had to be done, urged him to face reality and take care of his business.
He called our office and I spoke with him at length about what needed to be done. I also helped him understand what the process would likely entail, what the various outcomes could be, and how long things would take to resolve.
After extensive coordination with the client, his family and with the client’s parent unit and that unit’s servicing Judge Advocates, together with a careful plan to address each step of the return process, and with some realistic and high-minded help from various sources, we were able to avoid a court-martial and near certain felony conviction for this client.
Result: While the client’s command chain recommended a court-martial, the General Officer convening authority — on the advice and counsel of his SJA, and that SJA’s senior Trial Counsel — ordered our Client discharged administratively.
Highlights: Seeing a deserving, intelligent but very nervous man courageously face the consequences of his long ago actions, and in the process successfully become free and clear of his, “unfinished business” with the Army.
Finally, I have to credit the major installation Senior Trail Counsel, her Staff Judge Advocate (SJA) and his boss, the acting Commanding General (CG) who made the final decision not to prosecute my client under the UCMJ for his long ago transgressions, over and against chain-of-command recommendations to the contrary. That decision will resonate with my client, his family and their fortunes for the rest of their lives. Many thanks, therefore, are due to everyone involved in this one. I am extremely grateful indeed.
References: Please call us at 214-363-1828 or email us at firstname.lastname@example.org for further details and contact/referral information for the client. Client’s Testimonial appears below.
Client’s Testimonial: “Words cannot express how good of a lawyer Bill Meili is. I had an AWOL case hanging over my head for 14 years. Before I contacted Bill, I called multiple lawyers to handle the case. It seemed most of them just wanted to prove that it was a complicated situation so they could take a huge amount of money from me. Bill, on the other hand, was very caring and actually wanted to solve my problem before even talking about money. Bill did an amazing job! He handled all issues and the necessary defense paperwork and briefs, traveled numerous times to Fort Sill and Fort Hood, Texas, and overall made sure I was safe and that my case was being properly handled by the government. Without a doubt Bill is not only committed and dedicated to his work, he is an honest, caring and a loving person. His experience and knowledge got me out of the Army with an administrative discharge. There were other similar cases to mine on the base which ended up with jail time for those soldiers. I was so glad that I had Bill Meili on my side to take care of me. I am sure if it was not for Bill, I would have had the same results as others and ended up with a federal conviction. I recommend anyone and everyone who needs any assistance — no matter how tough the situation is — call Bill Meili without any hesitation. You will appreciate it and will have no regret in your life.”
Client wishes to remain anonymous
Last Blog Post in this space was about a month ago. I’ve copied and pasted it with some updates. Grateful for the results and activity during this month of March 2017:
- 3 Feb: Submitted a Show Cause – Board of Inquiry rebuttal/response for a senior reserve Army officer; 20 March received word that the USARC CG approved our request to withdraw the Show Cause Action. Senior officer will now continue his career without having to appear before a Board of Inquiry. This officer’s testimonial should be available and up on the website next week.
- 9 Feb: Submitted a request for reconsideration appeal to the Department of the Army Suitability Evaluation Board (DASEB) for a company grade active duty Army officer; Pending analysis and final decision by the Board. Actions like these can take six months or longer to reach a decision;
- 17 Feb: Delivered a request for reconsideration on an Unqualified Resignation (UQR) action for a senior active duty Warrant officer; Still pending final decision;
- 20 Feb: Submitted an appeal to transfer a General Officer Reprimand (GOMOR) to DASEB for a field grade Army Reserve officer; Pending;
- 22 Feb: Coordinated a diversion program track for a civilian juvenile client facing a felony aggravated sexual assault charge; Good movement on the diversion program throughout the month.
- 23 Feb: Began a coordinated, managed defense for an AWOL return to military control matter; 30 March – yesterday – received word from Trial Counsel that Client’s Chapter 10 request for discharge was approved by the convening authority. Client’s 15 year AWOL ordeal will finally come to an end once administrative discharge paperwork is complete and orders cut.
- 27 Feb: Heard that the client’s command chain in the 3 Feb matter above recommends favorable action on our requested relief, and; [See final resolution noted above in 3 Feb paragraph]
- 28 Feb: Received word that the government/military command would not be preferring UCMJ charges against an active duty enlisted client. Still waiting for final paperwork on the Non-Pros Memo to be signed and flag to be lifted. Admin wheels sometimes turn slowly.
Grateful for the opportunities presented along the way, and for the help and support of many, without which none of the above would have been possible. Stay tuned. v/r Bill