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

March 30, 2018

Kāne’ohe Bay, Hawaii

Lance Corporal is under investigation for allegedly violating Article 86, UCMJ, for leaving his unit without permission. Over the course of several months, LCpl informs his chain of command that he is suffering from a very serious hip injury that prevents him from carrying out his duties as a Marine. The Marine Corps does not provide adequate medical care and misdiagnoses the LCpl’s injury several times. LCpl, knowing that his injury is far worse than the Marine Corps will admit, flies home to see a civilian surgeon. The surgeon informs him that he has several torn muscles in his hip and that he requires immediate surgery. Upon returning to his unit, the LCpl is accused of AWOL. LCpl retains Mr. Robert Capovilla. Mr. Capovilla discusses the case in detail with the client’s family, chain of command, and the military prosecutor. Mr. Capovilla strenuously argues that the Marine Corps is responsible for the client’s absence and that it should take responsibility for his lack of medical care. In turn, despite having a drafted, prepared Charge Sheet, the Marine Corps agrees to drop all charges.

Case Result

NO Federal Conviction, NO Confinement, and LCpl returns home to family with a clean record.

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