Elimination Action TERMINATED, Captain overcomes reason for the show cause proceeding. FULLY RETAINED, NO DISCHARGE.
October 16, 2017, U.S. v. O-3, United States Army, Camp Zama, Japan. Captain dentist is accused of the possession of illegal drugs, false official statement and the solicitation of others to distribute unlawfully prescribed drugs. Allegations were based on using his position as a dentist to illegally obtain drugs. Captain accepted an Article 15 but then faced separation with possibility of an “Other Than Honorable Discharge” in a subsequent Board Of Inquiry (“BOI”) initiated against him. Captain retains Mr. Gapasin to represent him. Gapasin seeks to argue how his client had overcome the reason for the show cause proceeding by emphasizing the client's performance and exemplary conduct since the initiation of the investigation against him. Gapasin drafts and submits a rebuttal to the Initiation of Elimination arguing that the elimination action be terminated and that he be retained pursuant to Army Regulation 600-8-4. Client prepares an affidavit and includes in the submission. Gapasin focuses on client's good military character, reasons he should be retained and how he has matured as an Army Officer and dentist. Following submission of Gapasin's rebuttal, the Convening Authority reconsiders the initiation of the Show Cause Board. RESULT: Elimination Action TERMINATED, Captain overcomes reason for the show cause proceeding. FULLY RETAINED, NO DISCHARGE.