Navy Lieutenant RETAINED, Faced Multiple Allegations By Multiple Accusers
November 9, 2022, United States v. O-3, Board of Inquiry, United States Navy, Camp Humphreys, South Korea. With 16 years and 5 combat deployments in the military, Navy Lieutenant is accused of multiple incidents of sexual harassment, gender discrimination and creating a hostile work environment. The allegations were made against him by his female commanding officer (O-6), two other female O-3s and a female Air Force Staff Sergeant (E-6). A Board of Inquiry is initiated against the Lieutenant with the intent to discharge him with an Other Than Honorable (OTH) Discharge. Lieutenant retains Mr. Gapasin to defend him. Gapasin starts by obtaining numerous character letters on behalf of this former enlisted Force Recon Marine, to include a letter from an Army Major General who provides the board a very positive character letter on behalf of Gapasin's client. The Board is presided over by an O-6 and two O-5s. Mr. Gapasin cross-examines his client's CO and the two other O-3s. His cross-examination reveals a lack of credibility as the CO's testimony is contradicted by the O-3s, and vice versa. Gapasin's cross-examination of the E-6 reveals her poor duty performance and ultimately her lack of credibility. Gapasin also reveals how the primary O-3 who initiates the investigation against the client lies to the board and to the past investigating officer multiple times about her true role in the case. Gapasin reveals how this O-3 who reports the alleged misconduct is frequently touching not just Gapasin's client, but others in the work place eventually resulting in a harassment complaint against her as well. Mr. Gapasin ultimately calls an unbiased civilian contractor to testify. This contractor works in the same area of operations as the client and the accusing females. The past investigating officer never even asks him for a statement about his observations. He testifies that he observes the accuser O-3 frequently touching and appearing to be intimate with Gapasin's client. He not only exposes her lies, but also exposes several other lies by the other female accusers. Gapasin argues how his client never behaves in a manner that is "intimidating, hostile or abusive", nor that his conduct was at a level of being "severe and pervasive". RESULT: Mr. Gapasin's Client is FULLY RETAINED. The majority of allegations are FOUND UNSUBSTANTIATED. Gapasin's O-3 client with 16 years is allowed to stay in with the opportunity to obtain his FULL RETIREMENT BENEFITS.