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responsible for adjudicating many industrial, security clearance matters (DOHA) that a client’s LOI/SOR will likely be withdrawn based on our response — again without the client having to go through a formal hearing before an Administrative Judge (AJ).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: email@example.com
Thanks, and warm wishes as we head on into the summer months! v/r Bill Meili
1. Military Whistleblower Protection Defense. Client, a senior Active-Duty Army Officer tagged with Reprisal, was recently exonerated on all counts; This one took almost a year and a half to resolve, but extremely happy for my client and grateful for the result;
2. Security Clearance Defense. Two cases moving forward through the system: One for a DoD contractor working overseas with foreign preference and financial guideline concerns. We were asked to come aboard after the hearing to assist with submission of supplemental materials before the Administrative Judge’s final decision. We’re awaiting that decision now; Second matter pending is for an Army officer with a criminal record guideline concern. Defense here focused on mitigation of that old offense while presenting evidence of a solid, trustworthy, responsible individual moving forward since. Currently awaiting the agency’s decision in this case.
3. Reserve Medical Officer Resignation. Our client submitted his Unqualified Resignation (UQR) nearly 15 months ago. Until mid-June of this year, however, when he reached out for help, the packet was still mired in the system, and our client and his wife were extremely frustrated. We’re close to a decision now… but the wait continues;
4. Fitrep Appeal for a Marine SgtMaj. Have the utmost respect for the Marine Corps, but in this case, our client was gutted in a fitrep by a superior… so much so that it effectively ended a brilliant career. We’ve already been to the PERB and denied. We’re now before the Board for Correction of Naval Records (BCNR) … with hope that Lady Justice will soon appear!
Seventeen years ago today, I walked into a Dallas County courtroom for morning docket and the Bailiff who was a friend said I might want to go into the court coordinator’s office — “they have a TV on in there.” That’s all he said, but his look said more, so I went and saw and heard the reports of what was happening. I stayed and watched for about half an hour I think, and then headed over to my Army Reserve JAG unit — to do what I had no idea really. But that’s where I felt a need to be.
Over the course of the next few days and weeks, we briefed a readied a bunch of units … and of course, our world and lives changed. It’s been seventeen years now, and a highlight of my career throughout this stretch has been helping outstanding men and women who wear and have worn the nation’s uniform — all of whom, in their own way and time, answered the call. I’m grateful … and on this day especially, humbled. God Bless those we lost. Courage, strength and grace to those who still stand, protect and defend.
SHOW CAUSE BOARD OF INQUIRY, UQR, GOMOR and ARMY DASEB REPRESENTATION
Have started 2018 with some good news on several cases for clients, the latest of which is highlighted below. Last month, we were fortunate to receive an approved Unqualified Resignation (UQR) for an Army MSC officer client, and we also heard back from DASEB (DA Suitability Evaluation Board) that another officer client’s request to have his GOMOR transferred to the restricted fiche was granted. That was on a first-time request.
We also received a couple of notices last month where our requests for favorable relief were denied. Both of those cases involved BOI actions for probationary officers (less than 5 years of active federal commissioned service) with no right to a “live” Board, and with allegations of inappropriate sexual conduct as basis for the Show Cause. One of those cases is on appeal.
Earlier this week, I received word from DASEB on another Army officer who I’ve known for more than 4 years. His story is compelling. One of the best officers I’ve had the good fortune to work with over my time as a lawyer. His spirit is undiminished by his long ordeal and his character remains strong and resilient. DASEB granted his second request to transfer a GOMOR. He comes up for a second look at promotion later this year, and I’m pulling that the Army does the right thing with a selection. We would all benefit. My client’s thoughts are shared below in his testimonial.
Thank you, and if you or someone you know has a need, don’t hesitate to give my office a call or shoot an email. v/r Bill Meili
“I contacted Bill Meili over 4 years ago to represent me on a Show Cause Board of Inquiry (BOI) due to a GOMOR being permanently filed in my performance fiche. The Board voted to retain me, but my career was still in doubt because the GOMOR was still in place. Since day 1, however, Mr. Meili has provided sound advice and given me hope that there is still a chance to overcome my long-ago mistake and continue my career. Bill Meili truly cares and ensures that everything is being handled fairly and with respect for the whole person concept. Recently, the Department of the Army Suitability Evaluation Board (DASEB) gave me relief, transferring my GOMOR to my restricted fiche — again with Mr. Meili as my attorney. It has been a long journey and Mr. Meili has always been available providing sound advice and guidance. It is great to know that there is someone who I may contact if in need. He excels in his craft and genuinely cares. The only regret I have is not contacting him earlier in the process!” JJ CPT, USA
Looking back over the month — it would appear that we’ve been fairly busy — to wit:
3 Feb: Submitted a Show Cause – Board of Inquiry rebuttal/response for a senior reserve Army officer;
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;
17 Feb: Delivered a request for reconsideration on an Unqualified Resignation (UQR) action for a senior active duty Warrant officer;
20 Feb: Submitted an appeal to transfer a General Officer Reprimand (GOMOR) to DASEB for a field grade Army Reserve officer;
22 Feb: Coordinated a diversion program track for a civilian juvenile client facing a felony aggravated sexual assault charge;
23 Feb: Began a coordinated, managed defense for an AWOL return to military control matter;
27 Feb: Heard that the client’s command chain in the 3 Feb matter above recommends favorable action on our requested relief, and;
28 Feb: Received word that the government/military command would not be preferring UCMJ charges against an active duty enlisted client.
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
Phone: 214 363-1828
This was a case of a Dental Officer who was going out on an Honorable because he couldn’t pass his final licensing exams. The Army had brought him on board with the understanding that he had to pass those exams within a year’s time in order to become fully credentialed (licensed). When he couldn’t, the Army started elimination action for substandard performance. But shortly into that process, he w…as stopped on post by MPs for suspicion of DWI. No charge was ever formally filed, and the evidence was questionable. But as is almost always the case these days — his CG issued a GOMOR (General Officer Memorandum of Reprimand), and the servicing SJA office recommended a Show Cause action for misconduct. (Did I say no formal charge was ever filed???) So now he was in jeopardy of going out with a less than honorable characterization of service for being a bad actor. Not necessarily career enhancing in the civilian world.
We fought it over the past six months up to the Assistant Secretary of the Army level … and the ASA, suprisingly I have to tell you … issued an honorable discharge characterization. Our client left active duty on the 15th of September and started a new job with a civilian dentist two weeks ago. This dentist will provide the necessary supervision and oversight until such time as our client enters a fellowship program with another professional. If he does well in both places — with both Docs — he’ll be a fully licensed, credentialed and accredited dentist under the laws of this jurisdiction.
And that’s a good news story for any day of the week. (You can also read this Client’s Testimonial on our website’s (meililaw.com) testimonial page. Thanks. Bill Meili
Never lose hope, and don’t give up!
Finally, after nearly two years of playing administrative Tug-O-War with half a dozen levels of Army command and control, my doctor (officer) client’s Unqualified Resignation (UQR) was approved with an Honorable discharge. It should not have taken anywhere near this long, for all sorts of valid reasons … but we’ll set that aside for the moment, and enjoy this decision and victory — long in coming, but sweet nonetheless!
As I’ve said before in previous posts, if you’re considering an unqualified resignation, (UQR) — whether or not you have a remaining service obligation — please contact us. I’d be happy to discuss your situation in detail, and help with a way forward. Office: 214 363-1828; Cell: 214 536-3888 or feel free to visit the website http://www.meililaw.com for more information about UQRs generally.
v/r Bill Meili, COL (Ret.), JA, USAR Attorney and Counselor at Law
Received word this afternoon that our probationary officer client’s 7 month ordeal to leave service with dignity and respect after allegations of misconduct and conduct unbecoming surfaced this past February, will end favorably in the very near future.
I’m so happy for my client, and I’m grateful once again that despite time and much friction along the way, the Army did finally render a fair and just decision.
I also want to express my thanks to the active duty JAG officer assigned this case. He was throughout the representation, professional, tenacious in representing his client, and yet, at the same time, always reasonable, respectful and open-minded to our requests and initiatives. I can’t say enough good things about him.
If you’re a probationary or non-probationary officer facing a Board of Inquiry separation, please give us a call. I’d be happy to discuss your situation in detail, and help you explore a way forward. Office: 214 363-1828; Cell: 214 536-3888 or feel free to visit the website http://www.meililaw.com for more information about the practice generally.
v/r Bill Meili, COL (Ret.), JA, USAR, Attorney and Counselor at Law