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
Is military divorce a subset of divorce in general? Should you hire a military family law attorney if you’re going through a divorce as a member of the military? Steve and Patty Shewmaker of Shewmaker & Shewmaker discuss how the issues faced in a military divorce are different than in a civilian divorce, and what type of experience you should look for in a military divorce lawyer or military family law attorney.
According 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.
Hello Friends,
Robert Capovilla here from Shewmaker & Shewmaker. Today we discuss the United States Army Court of Criminal Appeals (ACCA) decision in U.S. v. Rodriguez, ARMY 20180138 (unpublished). Rodriguez was an abusive sexual contact and rape case from Joint-Base Lewis-McChord.
In this controversial decision, ACCA, somewhat surprisingly, ruled that mental health diagnosis, prescribed medications, and other treatments are not covered by Military Rule of Evidence (MRE) 513. We AGREE!
MRE 513 was promulgated by the President to protect confidential communications made between a patient and a psychotherapist if “such communication was made for the purpose of facilitating diagnosis or treatment of the patient’s mental or emotional condition.” Rodriguez — ARMY 20180138.
The rule was never designed to protect actual diagnosis, treatment, or prescriptions which exist independently of any privileged communications. In other words, the rule is intended to protect communications made to facilitate diagnosis and treatment, not including diagnosis or treatment.
ACCA correctly pointed out that a prescription, by its very nature, is intended to be disclosed to a non-psychotherapist third party — a pharmacist.
This ruling will most certainly be tested in military court rooms all over the country, but, right now, ACCA’s decision serves as major victory in the fight to ensure that all Soldiers accused of a crime get a fair trial.
If you or someone you love is accused of sexual assault in the military, contact us today. We can help.
As always, keep up the fire!
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!
