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Army Captain RETAINED by Board of Inquiry

March 31, 2023, United States v. O-3, Board of Inquiry, United States Army, Fort Gordon, Georgia.  The Government accuses an Army Captain of engaging in an inappropriate, intimate relationship with a Staff Sergeant.  The Government also accuses her of having an inappropriate, prohibited relationship with an E-4 Specialist.  The Government notices up a Board of Inquiry for the Captain based on these allegations along with a charge of conduct unbecoming an officer. The Captain retains Mr. Gapasin to represent her at the board.  One of the big issues that Mr. Gapasin points out to this all-Officer Board is that the Government never brings in either the Staff Sergeant nor the Specialist to testify.  The Government does not call either of them to verify the alleged inappropriate relationships and Gapasin argues how the Government fails to satisfy its burden of proof.  Gapasin argues how easy it is to call these witnesses, yet the Government decides not to.  Moreover, Mr. Gapasin argues how text messages in the case cannot be verified and easily doctored by the Specialist based on a number of irregularities in the text message streams.  Gapasin cites to numerous other mitigating factors present in this case and also points to his client's hard-charging duty performance, how she overcomes multiple instances of personal hardship, and how she held a reputation for being a mentor to young enlisted Soldiers. RESULT:  Board of Inquiry RETAINS Captain in the U.S. Army.

Ernesto Gapasin