Patience Pays Off And Client Is Honorably Discharged

Patience Pays Off And Client Is Honorably Discharged

November 17, 2023, U.S. v. E-4, United States Army, Landstuhl, Germany. A Sergeant (formerly a Specialist, E-4) is investigated for child sex abuse when she is accused by the mother of a 6 year old child. The Sergeant retains Mr. Gapasin to represent her. The investigation drags on for several, several months. Gapasin advises client to be patient, believing that DNA evidence was being analyzed and would therefore take considerable time before results are determined. Patience was necessary as delays only help the defense, especially since the client's ETS date was slowly approaching. The Government notifies Gapasin's client that an extension request had been submitted which extends her past her ETS date. Although there is an expectation for the preferral of charges to a Court-Martial, the Government instead moves forward with an Administrative Separation Board. The Government also gives Gapasin's client notice that it is pursuing separation due to a DUI she received when drinking because of stress and anxiety from these false allegations. Gapasin advises his client to proceed with a separation board rather than submitting a conditional waiver for a General Discharge. Gapasin is fully prepared and ready to proceed with the board, intending to highlight numerous problems with the Government's evidence and the likelihood that the allegations made by this 6-year old child were made up. However, less than 24 hours before the start of the board, the Government recognizes deficiencies in its extension request because it failed to submit the request over 30 days before the ETS date. Therefore, since the submitted extension request was deficient, Gapasin's client was no longer considered on Active Duty and could therefore NOT be involuntarily separated. RESULT: Client had ETS'd and Separation Board COULD NOT PROCEED. Gapasin's Client is ETS'd from the U.S. Army with an HONORABLE DISCHARGE and FULL VA AND MEDICAL BENEFITS.
Ernesto Gapasin

Ernesto Gapasin

Attorney
Categories: Uncategorized