3-0 Vote by the Board that the allegations were UNSUBSTANTIATED. Client with 23 years in the Navy is RETAINED and will receive FULL RETIREMENT BENEFITS.
July 24, 2020, Board of Inquiry, Lieutenant O-3, United States Navy, Commander Fleet Activities Sasebo, Japan. Lieutenant becomes the subject of a sexual assault investigation that takes place onboard a ship. An allegation is made by a junior enlisted sailor against this officer, claiming that he forced himself on her in his stateroom which was located on the O-6 level of the ship. Because the alleged victim tells the Government that all she wants is for the officer to get separated, the Government decides not to prefer charges to a General Court-Martial. The Government does, however, NJP this officer and initiates a Board of Inquiry to separate him from the Navy after over 20 years of service as both an enlisted member and an officer. The Lieutenant retains Mr. Gapasin to represent him and to save his career. Gapasin focused on the seemingly absurd facts of the allegations, i.e., how she ended up on the O-6 deck without being seen, how she wasn't heard by a witness who lived in an adjacent stateroom, and how she immediately received an expedited transfer from Sasebo to San Diego. Gapasin also called the ship's commander to testify about negative observations he made of the accusing sailor, to include incidents of malingering, lying to her mother about not receiving proper care on the ship, and expressing feelings of illness but still taking liberty when the ship arrived at the Philippines. RESULT: 3-0 Vote by the Board that the allegations were UNSUBSTANTIATED. Client with 23 years in the Navy is RETAINED and will receive FULL RETIREMENT BENEFITS.