Client found NOT to have violated DoD Whistleblower Regulations, and allegations of such violations are held UNSUBSTANTIATED.
December 10, 2019, U.S. v. O-4, United States Army, Joint Forces Training Base, Los Alamitos, California. Reservist Major is accused of engaging in reprisal against a senior NCO in his company. This is after the senior NCO reported alleged misconduct by members of the company when deployed. Videos were taken by the NCO showing Soldiers allegedly violating the Rules of Engagement. These videos were somehow “leaked” to the press and eventually shown by television media and also went viral. Footage showed Soldiers in Humvees firing non-lethal bean bags into nearby vehicles on the highway. Major is accused of reprisal against this NCO under the DoD Whistleblower regulations. Major retains Mr. Gapasin to represent him. Gapasin strategically represents his client with the primary goal to result in unsubstantiated findings that the client took personnel actions against the NCO for making protected communications, e.g., hindered promotion, transferred his duty position, wrote up negative NCOERs. Client faces court-martial or other adverse action such as a separation board if findings are substantiated that the client did violate whistleblower regulations. Gapasin engages the DoD IG appointed to investigate this high-profile Whistleblower case. Gapasin is present to represent his client for what will be a grueling 6-hour interview held at Los Alamitos and conducted by the DoD Inspector General. RESULT: Client found NOT to have violated DoD Whistleblower Regulations, and allegations of such violations are held UNSUBSTANTIATED.