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U.S. v. E-6

October 1, 2017

Fort Benning Georgia

Government initiates a separation board against a Staff Sergeant after 12 years of service. Government seeks to separate this NCO for failing the APFT on two consecutive occasions. At the time of the APFT failures, Staff Sergeant is suffering from significant knee pain that inhibited his ability to perform well during the test. Wanting to be a good Soldier, Staff Sergeant did not go on profile but instead received treatment for his injury from Army medical staff. Mr. Capovilla aggressively defended his client, arguing that he was suffering from an otherwise undocumented medical issue. Because of this medical issue, the unit would be unable to separate Capovilla’s client. Capovilla consequently convinced his client’s Brigade Commander to terminate and dismiss the board.

Case Result

FULLY RETAINED. No loss of benefits, no prejudicial discharge

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