Should I Meet With Investigators in a Title IX Investigation?

Should I Meet With Investigators in a Title IX Investigation?

I’m in College and Being Investigated for a Title IX Infraction. Should I Meet With the Investigators and Give My Version of the Events? Steve Shewmaker and Alexa Lewis with the Shewmaker & Shewmaker Law Firm discuss what to do and who to talk to if you find yourself the subject of a Title IX Investigation

ROTC Disenrollment Hearings: Can the Cadet Have an Attorney and What is Their Role?

ROTC Disenrollment Hearings: Can the Cadet Have an Attorney and What is Their Role?

ROTC Disenrollment Hearings are very different from a typical trial. The role of legal counsel is unusual. Unlike a separation hearing or a court martial, the attorney cannot speak at the hearing. The cadet has to do his own representation at the hearing. Steve Shewmaker and Alexa Lewis of Shewmaker & Shewmaker discuss the role of the attorney in these hearings.

Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

Hello Friends,

Robert Capovilla here from Shewmaker & Shewmaker.

Last week I had the honor to represent HM2 Christopher Alliano at a separation hearing held at the U.S. Navy Recruiting Command in Millington, Tennessee.

HM2 Alliano hired me after he tested positive for THC from a urinalysis done in June 2019. At the time he tested positive for THC, HM2 Alliano was a 19 year veteran of the United States Navy, a combat veteran, a decorated Naval Corpsman, a survivor of the 2015 Chattanooga shootings that took place at the Navy Reserve Center in Chattanooga, and a recipient of the Combat Action Ribbon.

In October 2006, HM2 Alliano forward deployed with Company D, 3D Amphibious Assault Battalion, 2d Marine Expeditionary Force in support of Operation Iraqi Freedom. During that deployment, several Marines that I spoke to who served with HM2 Alliano described him as an outstanding “doc” who was not afraid to put his own life at risk to save Marines in combat. For his efforts, HM2 Alliano received the Navy and Marine Corps Achievement Medal with a Combat Distinguishing Device (Valor) for heroic achievement.

After that deployment, HM2 Alliano began to struggle with PTSD and combat trauma. He did not report his symptoms because he did not want to jeopardize his career. In 2015, HM2 Alliano came face-to-face with the terrorist who murdered several Marines and Sailors at the recruiting station where HM2 Alliano worked. HM2 Alliano was forced to barricade himself in the office while the terrorist shot at him several times. After that horrible incident, HM2 Alliano’s symptoms grew worse and more defined.

By June 2019, HM2 Alliano was suffering from several PTSD associated ailments that he kept secret from his command. As a result, he began to self-medicate.

During the board, the Recorder requested that HM2 Alliano be separated from the Navy with a less than an honorable discharge and, as a result, lose his retirement. After 4 hours of litigation, the Board rejected the Recorder’s argument and awarded HM2 Alliano with an honorable discharge, but recommended that the sentence be suspended for 6 months so that HM2 Alliano could retire with all his benefits in place.

HM2 Alliano will now retire from the Navy after 20 years of service with a full retirement and all his benefits intact.

PTSD remains a very serious issue for all our combat veterans who have served overseas in a combat zone. Many of these veterans do not feel comfortable reporting their symptoms because they don’t want to jeopardize their careers or risk being transferred to a different unit. If you’re struggling with PTSD or PTSD related issues, please, please get the help that you need.

Robert Capovilla
Shewmaker&Shewmaker
Military Defense Attorney

 

Traumatic Brain Injury is a Real Problem for our Veterans

Traumatic Brain Injury is a Real Problem for our Veterans

Traumatic Brain Injury and VeteransAccording to recent studies released by MEDCONNECTVA, the Defense and Veterans Brain Injury Center (DVBIC) has reported that between the years of 2000 and 2016, approximately 350,000 incidents of Traumatic Brain Injury (TBI) have been diagnosed in the U.S. military. Forecasts estimate that 11% — 23% of all deployed personnel will experience a TBI.

Important research has been conducted that conclusively links Dementia to TBIs. Studies support that individuals with a head injury that resulted in a loss of consciousness, increase their risk of dementia by 50%. In one study, conducted with over 500 US Navy and Marine veterans hospitalized for TBI in the Pacific Theater during World War II, patients were clinically assessed 50 years after the injury. The results of that study shows that veterans who sustained a severe TBI were 4 times more likely to ultimately suffer from Dementia when compared to control groups. These are eye-opening statistics. The stakes are high for the men and women of our military.

As a military defense practitioner, I have seen a direct correlation between Soldiers with TBI and violent crimes. These Soldiers deploy overseas, experience incredible trauma or violence, and then are expected to simply “go back to normal.” Unfortunately, it does not always happen that way.

If you are a combat veteran and you are struggling with either PTSD or TBI, get the help that you need. If you seek help and your Command punishes you for it, call us at (877) 268-4214. We are a veteran owned and veteran operated law firm. Our attorneys have seen combat and we know what you’re going through.