Army Major RETAINED, Giving Him Opportunity To Receive FULL RETIREMENT BENEFITS.
January 6, 2022, U.S. v. O-4, United States Army, Fort Leavenworth, Kansas. Army Major with over 17 years of service attending the Army War College is accused by his command of committing multiple instances of false official statement, Article 107, UCMJ. He is also accused of violating a DOD stop-movement order by traveling to Fort Hood which is outside a travel radius imposed due to COVID, Article 92, UCMJ. Despite being so close to retirement eligibility, the Major receives an administrative reprimand and his unit initiates dismissal of this officer. The Major retains Mr. Gapasin to represent him at his Board of Inquiry. Gapasin argues how his client's hostile ex-wife consistently made false allegations against him to his command multiple times a week. Gapasin elicits testimony how his ex-wife's constant complaints and allegations that he was withholding support, and how she was the victim of domestic violence had become a nuisance to the unit. Gapasin argues how his client became a target of his command because of his ex-wife's repeated threats to his leadership that they were not doing anything about her complaints. Gapasin also focuses on the minor criminality of the allegations, and how separation so close to retirement would not be justified in light of his client's 17 years of dedicated and honorable service. RESULT: Board RETAINS Gapasin's client allowing him the opportunity to retire and receive FULL BENEFITS.