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Navy Officer Accused of Assault, Conduct Unbecoming An Officer, And Drunk And Disorderly Conduct

 In ARTICLE 128, ARTICLE 133, ARTICLE 134, Board of Inquiry, Separation Board

A junior enlisted sailor accused a Navy Lieutenant of assault consummated by a battery. The assault allegedly occurred at the end of a promotion party known as a “wetting down.” As is customary during such an event, most of the officers in attendance had been drinking alcohol. The command took theLieutenant to Captain’s Mast (Article 15, UCMJ) and found him guiltyof assault consummated by a battery (Article 128); conduct unbecoming an officer (Article 133); and disorderly conduct, drunkenness (Article 134). Navy Personnel Command subsequently notified the Lieutenant that he must “show cause for retention in the naval service” and referred the case to a Board of Inquiry consisting of three Navy Captains. The Navy Lieutenant then retained Mr. Kageleiry to represent him during the show cause board.

During the board we presented extensive evidence of the officer’s good character, the improbability of the enlisted sailor’s allegation of assault, and placed the entire evening into context. In a hard fought hearing, we convinced the board that the Lieutenant had not violated Article 128, Article 133, or Article 134.

Result: The Board found that the evidence does not support any of the allegations and that none of the reasons presented by the government warrant separation for cause. The Officer was retained in the Naval service.

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