Marine Corps Base Camp Lejeune, NC: Representative Case Results

Outcomes at or involving Marine Corps Base Camp Lejeune, NC

U.S. v. O-4-Marine Corps Board of Inquiry Finds Misconduct Not Sustained and Retains Major

A Marine Corps major with 17 years of honorable service faced serious allegations that threatened both his career and his retirement. The government accused him of purchasing, possessing, and viewing child sexual abuse material and sent him to a Board of Inquiry to seek his separation from the service.

A Board of Inquiry presents a major challenge for any respondent because it uses the lower preponderance of the evidence standard rather than the beyond a reasonable doubt standard required at a court-martial. That lower burden can make it easier for the government to try to end an officer’s military career.

The major retained Cave & Freeburg, LLP, an experienced military defense law firm, to defend him at the hearing. Mr. Freeburg represented the officer before the Board and focused the defense on a critical weakness in the government’s case. Through a decisive cross-examination of the NCIS case agent, he showed that the alleged cached images did not prove misconduct, even under the lower standard of proof.

The defense challenged the government’s attempt to treat cached images as sufficient evidence and demonstrated why the evidence failed to establish knowing misconduct by a preponderance of the evidence. After hearing the testimony and considering the evidence, the Board of Inquiry unanimously found that the alleged misconduct was not sustained.

As a result, the Board voted to retain the Marine Corps major, preserving both his career and his path to retirement.

Why This Board of Inquiry Result Matters

For Marine Corps officers and other service members facing adverse administrative proceedings, a Board of Inquiry defense can determine whether they keep their career, benefits, and retirement eligibility. This result shows the importance of experienced military defense counsel, careful factual analysis, and effective cross-examination of government witnesses in high-stakes military cases.

U.S. v. E-6

A Navy Petty Officer is accused of child abuse and domestic violence by his ex-wife.  While the case is under investigation by the Navy and civilian authorities, Cave & Freeburg, LLP, is retained and Mr. Freeburg works closely with the client to prepare a defense based upon the clear manipulation of the children by the ex-wife’s new husband.  Eventually the case is dropped and no charges are brought!

Result: Charges Dismissed. No Federal Conviction, No Dishonorable Discharge.

U.S. v. E-2 United States Marine Corps

A young Marine was charged with the sexual assault of two alleged male victims after sexual encounters involving alcohol.  He was placed in pretrial confinement after the second incident and then retained Cave & Freeburg, LLP.  After lengthy preparation and case investigation, the government agreed to a guilty plea for only misdemeanor battery and with a sentence of time served!

Result: Not Guilty of All Sexual Assault Charges, No Sex Offender Registration.

A young Marine was charged with male on male rape, penetrative sexual assault, multiple specifications of abusive sexual contact involving a total of eight alleged male victims and several other charges such as indecent language, for a potential maximum sentence of life plus three hundred years in prison.  He was placed in pretrial confinement and then retained Mr. Freeburg.  After lengthy preparation and case investigation into the many lies told by the alleged victims and after seating a panel on the first day of trial, the government agreed to a guilty plea for only misdemeanor battery and providing alcohol to minors with a sentence of time served!

Result: Not Guilty of Rape and All Sexual Assault Charges, No Sex Offender Registration.

U.S. v. E-2 United States Marine Corps

A young Marine was charged with penetrative sexual assault, multiple specifications of abusive sexual contact involving four alleged victims and several other charges.  He was placed in pretrial confinement and then retained Mr. Freeburg.  Through a lengthy motions practice and an exhaustive case investigation along with the detailed Marine defense counsel, Mr. Freeburg was able to bring the government to the table to agree to a guilty plea for only misdemeanor battery and with a sentence of time served!

Result: Not Guilty of Rape and All Sexual Assault Charges, No Sex Offender Registration.

Facing an Investigation or Charges Here?

Early action matters. We can coordinate with military defense counsel, preserve evidence, and fight for the best possible outcome at every stage.

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