Results
With 24 years of military legal experience, Elizabeth Harvey has effectively handled hundreds of court-martial appeals and administrative cases. Below are just a few of the positive outcomes she has achieved on behalf of veterans and servicemembers. *
Court-Martial Conviction Dismissed With Prejudice
In December 2022, Congress expanded the right to automatic appeals to servicemembers convicted of any offenses at special or general courts-martial, no matter the sentence awarded. Elizabeth Harvey used this change to appeal the conviction of a Marine SNCO for wrongful use of a controlled substance. As a result of this written brief, the appellate court set aside the conviction and dismissed it with prejudice--the Government can never prosecute him for this offense again.
Wrongfully Discharged Sailor Awarded Military Retirement
A Sailor with more than 18 years of service was unjustly accused of an offense, forced into nonjudicial punishment, and illegally separated from the Navy without any separation proceedings. Elizabeth Harvey was able to get the Article 15 removed from his record, the allegation removed from his FBI background records, backpay for the two years after his unlawful discharge, and transfer to the retired list . He will now receive his military retirement and retiree benefits and have a clean FBI record as he seeks civilian employment.
Air Force Officer's Record Cleared
An officer in the Air Force Reserves was targeted by a member of his command and investigated for travel claim fraud. Despite the lack of evidence of anything more than a couple of administrative errors, the command punished him with an Article 15. As a result, not only was his Air Force record sullied, but the underlying investigation was included in his FBI background record and his security clearance was threatened. Through strategic engagement with several agencies, Elizabeth Harvey was able to restore his security clearance, get the Article 15 removed from his records, and get the matter cleared from the FBI's records.
Sailor's DD-214 Corrected to Allow Reenlistment
A Sailor was administratively separated from the Navy after 16 years of service when his wife called the police and claimed that he had assaulted her. Elizabeth Harvey petitioned the Naval Discharge Review Board, pointing out the substantive and procedural flaws in the administrative board. As a result, the Sailor's reentry code and reason for separation were changed on his DD-214, clearing the way for him to reenlist.
* Disclaimer: Descriptions and summaries about prior cases and results found on this website are intended only to provide information about the activities and experience of our firm and should not be understood as a guarantee or assurance of future success in any matter. The results portrayed were dependent on a variety of facts and circumstances unique to the particular matters described, and do not reflect the entire record of the individual attorney involved. Past results are not a guarantee of future results, and the outcome of your particular case or matter cannot be predicted using a lawyer's or law firm's past results. Every case is unique and different and should be evaluated on its own merits, without comparison to other cases that may have had different facts and circumstances.