CHARGES DROPPED, CASE DISMISSED. NO Federal Conviction, NO Confinement, NO Discharge.
September 5, 2019, U.S. v. E-5, United States Army, Fort Wainwright, Alaska. Army Sergeant is accused of committing frauds against the United States under Article 132, Uniform Code of Military Justice. The Government accuses the Sergeant of filing false claims and paperwork with the intent of stealing a total of $33,704.52. The Government prefers charges against the Sergeant with two specifications under Article 132 along with a charge of adultery. Sergeant denies the allegations and retains Mr. Gapasin. Prior to an Article 39(a) motions hearing, Gapasin recognizes flaws in the charge sheet but refrains from filing motions on that specific issue in order to prevent the Government from perfecting the charges. Gapasin files other motions requesting an expert on BAH fraud and also files a Motion to Suppress certain items of evidence that lacked relevance and unfairly prejudiced the accused. Gapasin wins all of these motions at the Article 39(a). Still recognizing the flaw in the charge sheet, Gapasin proceeds forward with trial. Just days prior to voir dire, and long after referral already occurs, the Government approaches Gapasin and his client with an offer for him to submit a Chapter 10 discharge in lieu of court-martial. This type of discharge ends the court-martial and avoids a conviction, but results in an Other Than Honorable (OTH) discharge. Gapasin advises client to turn down the offer and press on to trial. Shortly after turning down the Chapter 10, and just days prior to trial, the Government dismisses its case against Gapasin's client. RESULT: CHARGES DROPPED, CASE DISMISSED. NO Federal Conviction, NO Confinement, NO Discharge.