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U.S. v. E-3, United States Marine Corps

January 11, 2019

Camp Pendleton, San Diego, California

Lance Corporal is accused of malingering and failing to obey a lawful order when someone sees him playing football while off-duty. LnCpl had suffered a shoulder injury while in Marine Recon school that caused him to endure months of physical therapy without success. Eventually, LnCpl undergoes shoulder surgery that does not remedy his shoulder issues. LnCpl is granted a Medical Evaluation Board (MEB) that recommends a medical retirement from the Marine Corps. Two weeks prior to LnCpl’s retirement date, the Command moves to give him Non-Judicial Punishment, also known as an Article 15, because they believe that he is faking his injury. His Command seeks to punish him and strip him of his medical retirement. LnCpl immediately retains Mr. Mickey Williams. Mr. Williams begins interviewing several witnesses, including the doctor who performed the surgery who corroborates LnCpl’s story. Mr. Williams also reviews the medical records and all evidence the Government plans to use to support the Article 15. Prior to the Article 15 hearing, the Command tries to intimidate LnCpl into taking the Article 15 and his supervisors mock and laugh at his chances of success at trial. Based on the strength of his evidence and weakness of the Government’s case, and based on Mr. William’s advice, LnCpl demands trial by court-martial and turns down the NJP.  The Government then prefers and refers charges for a Court-Martial.  Mr. Williams requests that the Government interview the client’s doctor who will testify that he is not faking his injury, thereby entirely destroying the Government’s case.

Case Result

CHARGES WITHDRAWN and Case DISMISSED. NO Federal Conviction, NO Confinement. Client is ALLOWED TO MEDICALLY RETIRE with FULL BENEFITS.

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