Hawaii: Representative Case Results

Outcomes at or Involving Hawaii

Army E-4

An Army Specialist is sent to an administrative separation board for four alleged specifications of domestic violence, one specification of punching his Platoon Sergeant, one specification of violating a Military Protective Order (MPO), and one specification of having an unregistered firearm on base.  An administrative separation board has a much lower standard of proof for guilt than a court-martial (only preponderance of the evidence), making the defense’s job even harder while the Army was seeking an Other than Honorable Discharge (OTH) to remove the Specialist’s benefits.  Cave & Freeburg, LLP, is retained to represent the Soldier, and Mr. Freeburg represents him at the administrative separation board, arguing that the misconduct was not clearly established and that the Soldier should be retained.  The Board agrees and votes for retention!

Result: Retained in Service, Benefits Preserved.

No Federal Conviction, No Sex Offender Registration

U.S. v. E-6 United States Army

Army Staff Sergeant is accused of the sexual assault of his ex-wife and of indecent recording and broadcast, all allegations leading to sex-offender registration. Mr. Nathan Freeburg investigates the alleged victim, attacks the government’s case in motions and prepares for a robust counter-attack at trial.  A week before trial, the prosecution offers a Chapter 10 discharge in lieu of trial, meaning no conviction, no registration, which the Accused accepts.  

Facing an Investigation or Charges Here?

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Disclaimer: All cases are different. Past results do not guarantee future outcomes. We do not promise any particular result.