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Chapter 10 Request is APPROVED. NO Federal Conviction, NO Confinement, NO Sex Offender Registration.

July 17, 2017, U.S. v. E-6, United States Army, Camp Henry, Daegu, South Korea. Staff Sergeant is charged with abusive sexual contact and attempted sexual assault of an intoxicated female Private. Incident started at a dance club in Seoul's Itaewon district and ended at the Private's barracks room on Army's Yongsan Garrison. Two enlisted witnesses claimed to have seen the Staff Sergeant without his pants on and on top of or hovering above the incapacitated Private in her barracks room while alone. This was after she had vomited upon exiting a cab with the Staff Sergeant as they headed into the barracks. In addition to the two witnesses, barracks CCTV caught a video of the Staff Sergeant leaving her room by himself without his shoes on. Staff Sergeant's saliva DNA was subsequently found on the inside of the Private's bra. Charges are preferred against Staff Sergeant and he retains Mr. Gapasin to represent him. Gapasin travels to Camp Henry and aggressively cross-examines the two witnesses, revealing a number of questionable inconsistencies and contradictions. Cross-examination of their friendship also brings suspicion, though any motive to fabricate is difficult to discern. Gapasin also reveals through cross-examination that his client's saliva DNA could have been transferred during consensual sexual behavior between the client and the Private in the taxi cab. Gapasin files a motion under MRE 412 to elicit certain consensual sexual behavior between him and the Private. Following the filing of the motion and after Gapasin's initial discovery request, Private declines to participate any further in the court-martial. Government moves forward with the two witnesses, but their credibility is somewhat questionable. Because the Government proceeds to trial with the two witnesses, Defense opts to submit a Chapter 10 request for discharge. RESULT: Chapter 10 Request is APPROVED. NO Federal Conviction, NO Confinement, NO Sex Offender Registration.

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