Title IX investigations of college students and ROTC disenrollment hearings can result in serious penalties and possibly get a student kicked out. Alexa Lewis and Steve Shewmaker discuss the behaviors that can trigger an investigation, from sexual misconduct to plagiarism.
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
Robert Capovilla here from Shewmaker & Shewmaker. Today we discuss a hard fought victory to save a Green Beret’s retirement. Thanks to the hard work from Mickey Williams and the team at Shewmaker & Shewmaker, this combat veteran fought for justice and his retirement was saved.
Our client, a CPT in the United States Army and a Green Beret, was notified that he was being separated for receiving a DUI in 2017. The CPT retained Mickey Williams and the team at Shewmaker & Shewmaker to represent him at his Board of Inquiry.
At the time of notification, the CPT was retirement eligible due to his prior service as an enlisted non-commissioned officer. As a Green Beret with several combat deployments, the CPT also suffered from significant traumatic brain injuries and post-traumatic stress disorder.
After several hours of litigation and a litany of character witnesses who attested to the CPT’s bravery in combat, the Board unjustly decided to separate the CPT with an Other Than Honorable Discharge. The CPT was now faced with losing all of his veteran’s benefits and his retirement.
The team at Shewmaker & Shewmaker took immediate action to overturn the Board’s decision. Within a few weeks, Mickey submitted an appeal to the Commanding General to set aside the Board’s decision. Mickey interviewed dozens of combat veterans who served with the CPT and presented those statements to the CG along with an exhaustive legal argument in support of the CPT. After a few tense weeks, the CG decided to take action and he set aside the Board’s unjust decision. The CPT will now retire with full benefits, and his service is given the credit it deserves.
Thank you to all those veterans who put their lives on the line to serve our nation. Here at Shewmaker & Shewmaker, we are veteran owned and veteran operated. Many of us have served in combat and we know the sacrifices. Thank you!
22 OCT 19 – Fort Benning, GA:
Mickey Williams and the team at Shewmaker & Shewmaker win big at Fort Benning, GA. Our client was an E-7, 11B, with over 16 years of active duty service. He has deployed 3 times, served in combat, and is devoted father and husband. Our client was accused of wrongfully ingesting THC during holiday block leave. On our recommendation, the client turns down an Article 15 and chooses trial by court-martial. Instead of giving our client his day in court, the Command elects to separate our client at a separation hearing. During the hearing, Mickey Williams argues that the client did not intentionally ingest THC. Mickey calls several witnesses who corroborate our client’s defense and Mickey argues that the Government did not meet their burden of proof. Mickey calls several character witnesses to testify about our client’s good character and courage under fire. After just 20 minutes, the Board elects to retain our client.
RESULT: Fully RETAINED NO OTH. Retirement saved. Benefits kept.
Military separation hearings can have a tremendous impact on your retirement, pension, healthcare and reputation. Do not take them lightly and retain experienced legal counsel to protect your interests. Steve Shewmaker and Mickey Williams of Shewmaker and Shewmaker discuss.
