Air Force Officer Retained After Administrative Separation Proceeding

Chicago, IL, March 24, 2009 --(PR.com)-- The career of an Air Force Major at the United States Air Force Academy was recently saved. The Major was represented by the attorneys of Gagne, Scherer & Langemo, LLC, a law firm of military case lawyers. The officer, who has served more than 15 years on active duty and who was an instructor at the academy prep school until January of 2008, was brought to an administrative separation hearing at the academy in February.

Tory Langemo and Keith Scherer represented the Major during the hearing and mounted an aggressive challenge to the government’s case. The Major had received nonjudicial punishment under the Uniform Code of Military Justice in May of 2008 for providing alcohol to underage cadet-candidates from the academy prep school and violating a non-contact order issued by his commander. The government presented evidence in support of four new allegations that dated back to events that occurred while the Major was still an instructor. The government also presented testimony and more than 200 pages of documentary evidence in support of their recommendation that the Major be separated from the Air Force with a service characterization of “Under Other Than Honorable Conditions.”

In hearings held before the panel members entered the courtroom, Langemo and Scherer successfully suppressed a significant portion of the government’s case from being presented to the board. Once the hearing began, they demonstrated to the panel that the government had given the Major a second chance and that he had flourished since receiving nonjudicial punishment.

“When the academy chose not to court-martial our client, his commander gave him a reprimand as his only punishment,” said Scherer. “The reprimand contained an implied promise that if our client committed no further misconduct, his career would be saved.”

Langemo and Scherer successfully challenged the new allegations brought against their client. More significantly, the panel recommended that the Major be retained in service.

“It was the fair result,” said Langemo. “They implied that our client had been given a second chance and he made the most of that chance. It would send the wrong message if they had been allowed to change their minds.”

Gagne, Scherer & Langemo, LLC, a civilian military law firm, defends military members of all branches; Army, Navy, Air Force, Marines and Coast Guard, who are facing criminal charges at court martial or adverse administrative action.

Gagne, Scherer & Langemo, LLC, is currently accepting new military clients across the United States and abroad. For more information, call the firm toll-free at 1-877-TOP-JAGS (1-877-867-5247).

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