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Home > Results > Failure to Obey Lawful Order > U.S. v. O-1, United States Army

U.S. v. O-1, United States Army

March 26, 2018

Fort Benning, Georgia

Second Lieutenant (2LT) in Officer Candidate School (OCS) is charged with 22 Specifications of Article 86, UCMJ, Failure to Go to Appointed Place of Duty, 4 Specifications of Article 92, Failure to Obey a Lawful Order, and 12 Specifications of Article 134, Disorderly Conduct, Drunkenness. In sum, the 2LT was being charged with 38 specifications of misconduct in violation of three difference Articles of the UCMJ. If convicted, the 2LT faced up to 10 years in prison, a possible Dishonorable Discharge, and total forfeitures of pay. Upon receiving the charges, Mr. Capovilla immediately met with the 2LT and his family, discussed every detail of every charge with them, and drafted a letter to the convening authority asking that the convening authority dismiss all charges and allow the 2LT to attend alcohol rehabilitation. After in-depth negotiations with both the military prosecutor and the chain of command, the convening authority agreed to DISMISS ALL CHARGES upon the 2LT’s completion of alcohol rehabilitation.

Case Result

NO Court-Martial, NO Article 15, No separation, and NO Federal Conviction. All 3 charges and their 38 specifications have been dismissed and 2LT is hoping to apply for law school next year.

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