ARMY JUSTICE
Vincit Qui Patitur (He Who Endures, Wins)
Over the past several months, I had the great privilege of representing a Chaplain from the United States Army. This blog article will discuss the incredible injustice that was done to our client and the ultimate victory that makes our work at Capovilla & Williams so rewarding.
THE INJUSTICE OF A VENGEFUL AR 15-6 INVESTIGATION
Our client was deeply concerned about the way his command treated Soldiers. He raised these concerns through the appropriate channels and advocated for the Soldiers he believed were being bullied. However, the Command did not appreciate our client’s efforts, feeling that he was causing them trouble. In response, they used their authority to initiate an AR 15-6 Investigation. They appointed an Investigating Officer (IO) to determine whether our client had shown disrespect towards a superior officer, fostered dissension among the ranks, and engaged in Conduct Unbecoming an Officer and a Gentleman.
A BIAS AR 15-6 INVESTIGATION LED BY AN UNTRAINED IO
The IO aimed to undermine our client, launching a campaign to tarnish his reputation. This IO lacked sufficient legal training and, from my perspective, conducted a biased and one-sided investigation that did not seek to uncover the truth. It seemed that the Command was using its authority to silence a Chaplain who was genuinely trying to assist his Soldiers.
The IO predictably concluded that our client engaged in several wrongful acts and substantiated nearly every allegation. Our client had hired two attorneys before coming to us, but all attempts to overturn the negative findings made by the IO were unsuccessful. As a result, our client faced a loss of career standing and stagnation, leaving the future of his career seemingly bleak.
C&W TURNS THE TIDE, CONDUCTS AN INDEPENDENT INVESTIGATION, AND UNCOVERS THE TRUTH
After months of failure, I was assigned to the case to rectify this terrible injustice. Our Chief Operating Officer, Robert Capovilla, told me when he assigned me the case, “I’m putting you on this case because this man deserves justice, and you’re the best military administrative attorney in the nation. Go prove it.”
One reason our team achieves results that other firms cannot is our investment in the right resources. We have six investigators working for our firm, all of whom are former federal agents from Army CID, Air Force OSI, or Navy NCIS. I have reviewed hundreds of administrative investigations, and one common denominator I have found across all branches is that military investigations are often biased and one-sided. They are frequently led by IOs who lack prior investigation experience. These IOs tend to believe their job is to condemn any subject of an investigation, disregarding the burden of proof.
I immediately assigned one of our top investigators to this case and went about uncovering the truth. After weeks of preparation and working closely with my client, I was ready to request reconsideration of the findings, and submit our rebuttal.
I argued that the previous Command displayed bias and retaliation by initiating the investigation. I highlighted that the IO violated protocol by failing to ask our client for his side of the story, which is utterly unreasonable. With the assistance of my investigator, I pointed out that several key witnesses who supported our client’s position were neither contacted nor interviewed by the IO. Finally, our investigator uncovered new evidence that strongly supports the fact that our client was falsely accused and unjustly condemned by his Command.
I submitted my rebuttal as a request for reconsideration.
THE AR 15-6 INVESTIGATION IS OVERTURNED AND DESTROYED
A new, impartial chain of command conducted a thorough review of our argument and our request to remove the baseless investigation from our client’s permanent file. This new command, motivated by a commitment to justice, carefully considered our argument and granted our request to remove the findings of the AR 15-6 investigation from our client’s records. After more than a year of struggle, disappointment, and heartache, justice has finally prevailed.
Why have we been successful when other civilian attorneys have failed? What sets us apart? The answer is straightforward: we possess the resources, skill, passion, and expertise to achieve what many military firms cannot. Every client who hires us for an AR 15-6 rebuttal is supported by a dedicated team of advocates, which makes all the difference. We do not accept conclusions without scrutiny, we refuse to give up the fight, and we do not passively hope for the best. We take action, draw on our 300 years of collective military law experience, and we work diligently to achieve results.
One of the mottos that CEO Robert Capovilla talks about all the time comes from the Latin Phrase Vincit Qui Patitur, which means “he who endures, wins.” If you are without hope, like our client was, call us and talk with us. We offer free consultations and we’ll be absolutely honest about your situation. We cannot win every fight, no man in the arena ever does, but I honestly believe that we’re the best in the country at what we do. It’s a great honor to help our veterans and service members all over the country.
If you would like to learn more about how we advocate for our clients, you can listen to me discuss effective strategies for combating AR 15-6 investigations in this episode of Military Justice Today: Military Justice Today
CONTACT US TODAY AND FIGHT BACK!
At Capovilla & Williams, our mission is to fight for veterans and service members all over this great country and confidently face the challenges ahead. We are here for you every step of the way! We are prepared, committed, and fully equipped to stand by your side. Remember, he who endures, wins. Call us today at 855-442-6271!
Joshua Conklin
Military Attorney
Capovilla & Williams
