U.S. v. E-4
September 12, 2017
Fort Benning, Georgia
Specialist is charged with dereliction of duty in an Article 15 proceeding. Approximately one week before the first reading, a Soldier on the Specialist’s team is discovered to have an ammunition round in his possession after a range. The command wants to blame the Specialist for the unaccounted-for round alleging that the Specialist failed to properly check his soldier’s gear before exiting the range. Mr. Capovilla represents the Specialist and conducts a counter-investigation that produces eye witness testimony that his client had, in fact, conducted all necessary searches and that he was not derelict in his duties. In negotiations, Capovilla argues for the Article 15 to be dismissed.
CHARGES DISMISSED, Article 15 terminated, NO rank reduction, NO forfeiture of pay, NO reprimand.