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Marine Corps Captain With 22+Years Saves 4.8 Million In Retirement

August 2023

August 23, 2023, U.S. v. O-3E, United States Marine Corps, Camp Foster, Okinawa Japan.  A Captain in the Marine Corps with 22+ years of service is accused of an Article 89, UCMJ, violation by showing disrespect to his Commanding Officer.  The Captain is also accused of committing conduct unbecoming an officer, in violation of Article 133, UCMJ.  The Government hands the Captain a page 11, but subsequently initiates a Board of Inquiry. Knowing that he faces the potential loss of his retirement, and knowing that the Government was pursuing an Other Than Honorable Discharge (OTH) the Captain retains Mr. Gapasin to represent him at the board.  The board is set to proceed on Okinawa, and Gapasin and his client manage to obtain approximately 32 character letters in support of his client.  At the board, Mr. Gapasin focuses on the extremely stressful events of the entire day which then culminated in his client, the Commanding Officer, and the Managing Officer all standing on the parking lot of base lodging late in the evening.  Mr. Gapasin provides the Officer Board a detailed chronology of the start of the day, and how his client is tasked to help reel in an intoxicated, disorderly Marine officer experiencing personal struggles.  The client starts his morning locating this officer and driving around looking for him in his attempt to help him and to avoid getting PMO involved.  The client is helping this officer to avoid getting arrested and to avoid any damage to that officer's career.  Client reels him in multiple times and gets him to a hotel room away from the intoxicated Marines' family.  Client disagrees with his leadership's decision to issue the intoxicated Marine a no contact order.  This Marine is drunk, and his reaction could be dangerous not just to others but to himself.  After the CO and MO speak with the intoxicated Marine once he is corralled in a hotel room, the Marine goes berserk striking Gapasin's client in the chest.  Shortly after, the three of them meet in the parking lot of the hotel where the allegations involving Gapasin's client allegedly takes place.  At the Board, Gapasin emphasizes his client's stellar career, and elicits positive testimony about his client's duty performance and good military character.  Gapasin also brings home the idea that this incident simply is not the 4.8 million dollar mistake, which is the amount of money his client would earn by the time he reached 85 years old unless he was separated at this hearing.  RESULT:  Board Of Inquiry RETAINS Gapasin's client.  NO Discharge,  NO Other Than Honorable Discharge, and Mr. Gapasin SAVES CLIENT'S RETIREMENT after 22+ years. 

Ernesto Gapasin