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Experienced Military Attorney and Veteran Joins Albany Law Office

by Administrator | Posted in Press Releases | Tagged , ,

Tully Rinckey PLLC welcomes Sean C. Timmons to military law practice group July 25, 2016 – Albany, N.Y. – Tully Rinckey PLLC is pleased to announce that Sean C. Timmons Esq., an attorney with extensive military litigation experience, has joined …

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Experienced Military Attorney Joins Albany Law Office

by Tully Rinckey PLLC | Posted in Press Releases | Tagged , ,

Tully Rinckey PLLC welcomes Heather Tenney to military law practice group June 24, 2016 – Albany, N.Y. – Tully Rinckey PLLC is pleased to announce that Heather C. Tenney Esq., an attorney with extensive military litigation experience, has joined the …

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Army Times

West Point Leader Defends Female Cadets in Fist-Raising Photo

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

      West Point Cadets Under Investigation For Raised Fists By Tony Lombardo The controversial photo of 16 black female cadets raising their fists was just one of dozens of images the women took as part of a long-held …

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10 Most Common Ways Troops Get Thrown Out of the Military

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , , ,

  The Uniform Code of Military Justice (UCMJ) is a massive collection of rules, regulations, standards and procedures that defines the justice system for those serving according to Uncle Sam. It is federal law enacted by Congress that spells out …

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Ask the Lawyer: Good Behavior May Not Clean Bad-Conduct Discharge

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , , ,

Ask the Lawyer: Upgrading a bad-conduct discharge Q. I received a bad-conduct discharge 20 years ago. I have since stayed out of trouble and have become very involved in my community. Would that be enough to get my discharge upgraded? …

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Navy Times

Penland’s “Wasteful Spending” Red-Flagging Ruined Her Career

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Disgraced Navy officer says her career was ruined after red-flagging alleged fraud By Meghann Myers Colleagues warned Sy’needa Penland not to take the job in 2006 that ended up costing her career. The recently formed Navy Expeditionary Combat Command had …

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ABC News: Youngner Comments on Bergdahl Desertion Charges

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Hearing Set to Debate Sgt. Bowe Bergdahl Desertion Charges By JUAN A. LOZANO, ASSOCIATED PRESS Lawyers for Sgt. Bowe Bergdahl, who faces military charges for leaving his post in Afghanistan, are likely to argue at his initial court hearing that …

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USNews

Taliban Captive Punishment Enough? Youngner Comments on Continuing Bergdahl Case

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Experts: Bergdahl lawyers likely to argue his years as Taliban captive were punishment enough By JUAN A. LOZANO, Associated Press HOUSTON (AP) — Lawyers for Sgt. Bowe Bergdahl, who faces military charges for leaving his post in Afghanistan, are likely …

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Ask the Lawyer: Military Desertion ends greatly influences the confinement time

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Desertion ends greatly influences the confinement time Q.Does it make a difference if a service member who is a deserter gets picked up by state or local police, rather than military police? A. How a desertion ends greatly influences the …

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Morgan Messenger Reports on Youngner’s Purple Heart Case

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , , ,

A long time coming… The Morgan Messenger – Nearly 47 years after being injured in a land mine explosion in Vietnam, Douglas R. Lyall, 67, of Berkeley Springs, has received the Purple Heart for his military service. The Purple Heart …

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Youngner Purple Heart Case Featured In Associated Press

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , , ,

After 47 Years Morgan County Man Awarded Purple Heart Associated Press – Nearly 47 years after being injured in a land mine explosion in Vietnam, a West Virginia veteran has finally been awarded the Purple Heart. 67 year old Douglas …

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Youngner Appeal Wins Purple Heart After 47 Years

by Tully Rinckey PLLC | Posted in Articles, Press Releases | Tagged , , , ,

West Virginia Vietnam Veteran Receives Purple Heart 47 Years after He Was Injured in a Land Mine Explosion July 27, 2015 – Washington, D.C. – Nearly 47 years after being injured in a land mine explosion in Vietnam, a West …

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“It was just an excuse,” Magnuson on Verizon’s Handling of Bronx War Veteran Case

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Bronx War Veteran Says Verizon Fired Him to Avoid Dealing With PTSD: Suit July 21, 2015 by Eddie Small A war veteran fired from Verizon after losing his temper at work claims that the phone company used the argument as …

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“I would have hired Tully Rinckey from the very beginning” – S.L.W.

by Tully Rinckey PLLC | Posted in Testimonials | Tagged , ,

“If I had to go through my court marshall again I would have hired Tully Rinckey from the very beginning. After I was convicted I desparatly sought legal council with a civilian firm. The first one I talked to told …

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militarytimes

Open Marriage Consent Will Not Save You From Adultery Charge

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , , ,

Ask the Lawyer: ‘Open’ marriage as defense vs. adultery charge Q. My wife and I have an open marriage. Can I be charged with adultery even though she allows me to sleep with other women? A. Military swingers beware: A …

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militarytimes

Tully Answers: “Parties to a Mutual Combat are Wrongdoers”

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Consensual violence is still against law Q. If two service members agree to fight each other as a way to settle a dispute, can they be criminally charged with assault even though they both agreed to the fight? A. Just …

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AWOL Soldier To Lose Benefits: Greiner Says, “It’s A Really Sad Situation”

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

What punishment could AWOL soldier face? Tony Leys, June 9, 2015 A national expert says Ryan O’Leary is likely to lose his veteran’s benefits for skipping out on the National Guard and volunteering with the Kurdish army in Iraq — …

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Navy Times

Ask the Lawyer: “Good Soldier Defense” May Not Extend to Some Cases in 2015

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Ask the Lawyer: ‘Good soldier defense’ lost some clout Q. Until last weekend, I had never been arrested. I received medals for my service in Afghanistan; will my record as a good soldier matter in my case? A. Being a …

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Larry Youngner joined Tom Temin on the Federal Drive to discuss unlawful foreclosure settlement

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , , , , ,

Nearly 1,000 military service members whose homes were wrongly foreclosed on will be receiving over $123 million. That’s thanks to a new Justice Department settlement with five of the nation’s largest mortgage companies. Justice says they violated the Service Members …

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Navy Times

Greg Rinckey discusses how secretarial letters of censure could change final retirement ranks for three admirals.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Retirement rank in question for rebuked admirals By Meghann Myers February 11, 2015   Rear Adm. Michael H. Miller, then-commander of Carrier Strike Group 7, answers reporters’ questions aboard the aircraft carrier Ronald Reagan in the Philippine Sea in June …

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militarytimes

On the 20th anniversary of USERRA Mat Tully addresses issues that still need to be added to further protect veterans.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Landmark employment law for troops turns 20 By Karen Jowers Oct. 13, 2014   The law that dramatically changed — for the better — the employment landscape for National Guard and reserve troops is celebrating its 20th anniversary today. But …

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Army Times

Mathew B. Tully on the Consequences for service members for Firing their Gun into the Air

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Firing gun into air may bring trouble By, Mathew B. Tully September 29, 2014   Q. What are the possible consequences if a service member fires a warning shot during an argument? A. A firearm is a dangerous weapon, whether …

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Greg Rinckey discusses the Fort Lee suicide with the Richmond Times Dispatch

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Fort Lee: Soldier dies after self-inflicted shooting By John Ramsey August 25, 2014   FORT LEE – A Fort Lee soldier fatally shot herself in a headquarters office on post Monday less than an hour after her arrival with a …

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Navy Times

Greg Rinckey talks with the Navy Times about legal aspects for 300 sailors separated in 2011.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Booted sailors set sights on Supreme Court Experts say appeal unlikely to be heard By David Larter Aug. 9, 2014   A group of 300 sailors separated by the 2011 enlisted retention boards is taking its case to the nation’s …

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Reuters

U.S. Army ends questioning of ex-POW Bergdahl on capture by Taliban

by Tully Rinckey PLLC | Posted in News | Tagged , , ,

By Jim Forsyth August 7, 2014   (Reuters) – The military completed its questioning of freed U.S. prisoner of war Sergeant Bowe Bergdahl on Thursday and a U.S. Army general must now recommend whether he should face charges over the …

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Bowe Bergdahl Telling ‘His Own Story’ to Investigators

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

By Gabe Gutierrez and M. Alex Johnson August 6th, 2014     Army Sgt. Bowe Bergdahl, who was held captive by the Taliban in Afghanistan for five years, met with Army investigators all day Wednesday and will continue answering questions …

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Greg Rinckey talks Bowe Bergdahl possibilities with Colorado Newsday.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Sgt. Bowe Bergdahl to be formally questioned on Wednesday in ‘desertion’ probe By Helen Pow and Associated Press August 5, 2014   Sgt. Bowe Bergdahl will be formally questioned by an Army investigator on Wednesday about his 2009 disappearance in …

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nbcnews

Greg Rinckey talks over the Bergdahl situation with M. Alex Johnson of NBC News.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Sgt. Bowe Bergdahl to Answer Questions in Army Investigation By M. Alex Johnson August 6th, 2014   When Army Sgt. Bowe Bergdahl sits down at a conference table Wednesday morning with his lawyer and the general investigating his disappearance in Afghanistan …

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headlineamerica

Headlines America reprints Greg Rinckey’s interview in the New York Daily News.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Bowe Bergdahl to be questioned about disappearance August 4, 2014   Maj. Gen. Kenneth Dahl (left) has been appointed to investigate Bowe Bergdahl’s 2009 disappearance. Sgt. Bowe Bergdahl is set to be formally questioned about his 2009 disappearance in Afghanistan …

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Voice of America

Greg Rinckey speaks with Voice of America on what faces Bowe Bergdahl.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Ex-POW Bergdahl Will Be Questioned About 2009 Capture VOA News August 06, 2014   The U.S. military will question freed prisoner-of-war Bowe Bergdahl  on Wednesday about the circumstances that led to his 2009 capture in Afghanistan by the Taliban, his …

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Jim Forsyth interviews Greg Rinckey on the Bergdahl affair.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Here’s What Will Happen at Today’s Bergdahl Hearing August 6th, 2014   After six weeks under a special Army re-integration plan, former Taliban prisoner Sgt. Bowe Bergdahl will face the next step in his return to the United States Wednesday, …

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Greg Rinckey discusses what will happen in today’s meeting for Bowe Bergdahl.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Army to start questioning ex-POW Bergdahl today By Jim Forsyth August 6, 2014   SAN ANTONIO (Reuters) – The U.S. military plans to start questioning freed U.S. prisoner-of-war Bowe Bergdahl from Wednesday on the circumstances that led to his 2009 capture …

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NY Daily News

Greg Rinckey discusses the latest in the Bowe Bergdahl case with the New York Daily News.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Bowe Bergdahl questioning set for Wednesday in San Antonio Maj. Gen. Kenneth Dahl, a two-star general, has been appointed to investigate the 28-year-old Army sergeant’s disappearance that led to his five years in captivity at the hands of the Taliban. …

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airforcetimes

Greg Rinckey speaks with the Air Force Times on a unique death penalty case and the impact of Germany’s laws regarding it.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

For Germans, death penalty is concern in U.S. airman’s murder trial Jul. 28, 2014 By Kristin Davis   Petty Officer 2nd Class Dmitry Chepusov was declared dead Dec. 14 in Kaiserslautern, Germany, after being found unresponsive in the passenger seat …

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Marine Corps Times

Ask the Lawyer: Ignorance of illegal drug can be defense

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

  Jul. 17, 2014 By Mathew B. Tully   Q. Can service members be convicted of wrongfully using an illegal drug even if they didn’t know they were taking a controlled substance? A. As far as the Uniform Code of …

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Today

Tully Rinckey PLLC Military Attorney Meghan Peters weighs in on the latest in the Bowe Bergdahl situation.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Bowe Bergdahl back to active duty Roughly a month after his return to the U.S., the freed soldier is back on active duty. Investigators will question him about his disappearance and time as a Taliban captive. NBC’s Gabe Gutierrez reports.

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Washington Examiner

Tully Rinckey PLLC Managing Partner Greg T. Rinckey discusses legal “protections” for 300 U.S. advisors.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

White House: Iraq is providing legal ‘protections’ for 300 U.S. advisers By Susan Crabtree | June 23, 2014   White House spokesman Josh Earnest said the 300 special operators the U.S. is sending to Iraq as advisers will have certain …

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Managing Partner Greg T. Rinckey, Esq. discusses potential legal road ahead for Sgt. Bowe Bergdahl

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Managing Partner Greg T. Rinckey, Esq. discusses potential legal road ahead for Sgt. Bowe Bergdahl

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washington_times

Charges for Army Sgt. Bowe Bergdahl should wait until the facts come out according to Managing Partner Greg T. Rinckey, Esq.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Administration mum on Bowe Bergdahl discipline By Rowan Scarborough Monday, June 2, 2014   His former war buddies call him a deserter, but initial statements from President Obama and his aides indicate they don’t want a criminal case against ArmySgt. …

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Managing Partner Greg T. Rinckey, Esq. calls for an investigation on Army Sgt. Bowe Bergdahl before public judgment.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Bergdahl getting treatment, requires hospitalization, Landstuhl medical center says By Jennifer H. Svan and Chris Carroll Published: June 2, 2014   LANDSTUHL, Germany — Army Sgt. Bowe Bergdahl is in stable condition but will require further medical treatment and hospitalization, …

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airforcetimes

Managing Partner Greg T. Rinckey, Esq. speaks to the future options for Army Sgt. Bowe Bergdahl with Air Force Times.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Freed POW’s legal status is murky Some call for Bergdahl’s court-martial for desertion By Andrew Tilghman Jun. 2, 2014   Does Army Sgt. Bowe Bergdahl need a lawyer? That may seem like a highly unusual question to ask about a …

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Stars and Stripes

Managing Partner Greg T. Rinckey, Esq. talks about the twists in the Morse case with Stars and Stripes

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Army stops Morse defense investigation, then backs off By Chris Carroll Published: May 2, 2014   WASHINGTON — The Army last month temporarily forced its former top sexual assault prosecutor, removed from his job in February after a female colleague …

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13wmaz

Managing Partner Greg T. Rinckey, Esq talks with WMAZ about military law catching up to technology

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Military appeals courts upholding sexting convictions By: Kristin Davis, Air Force Times Troops have gotten in trouble for years for sending sexually explicit photos and messages over text message — even without much legal precedent. Now, several decisions handed down …

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airforcetimes

Tully Rinckey PLLC Managing Partner Greg T. Rinckey discusses the latest trend in military law in regards to sexting or text-stalking.

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Military appeals courts uphold sexting convictions Apr. 14, 2014 – 05:31PM By Kristin Davis   Troops have gotten in trouble for years for sending sexually explicit photos and messages over text message — even without much legal precedent. Now, several …

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The Daily Record

Tully Rinckey PLLC Managing Partner Greg T. Rinckey praises new NYS legislation supporting veterans

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , ,

Local firm supports vets’ contract legislation Daily Record Staff     March 25, 2014   An agreement has been reached on legislation to send 6 percent of state contracts to service-disabled, veteran-owned small businesses. It was announced Thursday by Gov. …

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washington_times

Tully Rinckey PLLC’s Greg T. Rinckey speaks with the Washington Times about the hunt for military sex abusers

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , ,

Political hunt for sex abusers puts military justice in peril, lawyers say The push from the commander in chief, generals and politicians to punish sexual offenders has become so relentless that it endangers the fairness of the military justice system, …

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airforcetimes

Tully Rinckey PLLC’s Greg T. Rinckey, Esq. Tells Air Force Times a 44 ½ Year Sentence for an Air Force Staff Sgt. is Unlikely

by Tully Rinckey PLLC | Posted in Articles, News | Tagged ,

Attorney: 44½ years unlikely for MTI who abused trainees A sentencing hearing for a former military training instructor who admitted to mistreating recruits and telling them to lie about it continued Wednesday afternoon at Joint Base San Antonio-Lackland. A military …

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uticaphoenix

Managing Partner Greg T. Rinckey talks to the Utica Phoenix about working with Sen. Greg Ball to pass badly-needed SDVOSB legislation

by Tully Rinckey PLLC | Posted in Articles, News | Tagged , , , , , ,

Senate Passes Bill For State Contract Set-Aside For Disabled Veterans The New York State Senate today passed legislation (S6865), sponsored by Senator Greg Ball (R, C, I – Patterson), Chairman of the Senate Veterans, Homeland Security and Military Affairs Committee, …

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Tully Rinckey PLLC works with Sen. Greg Ball to pass critical SDVOSB legislation

by | Posted in Press Releases | Tagged , , , , , ,

Senator Greg Ball Passes Landmark Legislation Creating 6% Set Aside For Service-Connected Disabled Veterans   Albany, N.Y. – 03/24/2014 – The New York State Senate today passed legislation (S6865), sponsored by Senator Greg Ball (R, C, I – Patterson), Chairman …

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southwesttexas

Tully Rinckey PLLC’s Robert G. Kelly, Esq. speaks with South West Texas News about the acquittal in the Naval Academy sex assault case.

by | Posted in Articles, News | Tagged , ,

Naval Academy midshipman acquitted in sex assault case WASHINGTON (Reuters) – A judge acquitted a former Naval Academy football player on Thursday of sexually assaulting a drunken female midshipman, one of a number of sexual misconduct cases roiling the U.S. …

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columbusdispatch

Judge acquits midshipman in Navy Sex Assault Case – Tully Rinckey PLLC’s Robert G. Kelly, Esq. provides insight to The Columbus Dispatch.

by | Posted in Articles, News | Tagged , ,

Judge acquits midshipman in sexual-assault case WASHINGTON — A judge acquitted a former Naval Academy football player of sexually assaulting a drunken female midshipman, one of a number of sexual-misconduct cases roiling the U.S. military. Midshipman Joshua Tate, a senior …

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findlaw

Tully Rinckey PLLC’s Robert G. Kelly, Esq. outlines ordered prosecution in the Naval Academy sex assault case for FindLaw.com.

by | Posted in Articles, News | Tagged , ,

U.S. Naval Academy midshipman acquitted in sex assault case WASHINGTON (Reuters) – A judge acquitted a former Naval Academy football player on Thursday of sexually assaulting a drunken female midshipman, one of a number of sexual misconduct cases roiling the …

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Samachar

Tully Rinckey PLLC’s Robert G. Kelly, Esq. speaks with Samachar.com about the acquittal in the Naval Academy sex assault case.

by | Posted in Articles, News | Tagged , ,

Naval Academy midshipman acquitted in sex assault case (Reuters) – A judge acquitted a former Naval Academy football player on Thursday of sexually assaulting a drunken female midshipman, one of a number of sexual misconduct cases roiling the U.S. military. …

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Reuters

Tully Rinckey PLLC’s Robert G. Kelly, Esq. discusses the Naval Academy rape case with Ian Simpson of Reuters.

by | Posted in Articles, News | Tagged , ,

U.S. Naval Academy midshipman acquitted in sex assault case (Reuters) – A judge acquitted a former Naval Academy football player on Thursday of sexually assaulting a drunken female midshipman, one of a number of sexual misconduct cases roiling the U.S. …

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Fay Observer

Managing Partner Greg Rinckey of the law firm Tully Rinckey PLLC speaks with Paul Woolverton of the Fayetteville Observer on the Sinclair case

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , ,

Sinclair case puts spotlight on military justice Although the sexual misconduct trial of Brig. Gen. Jeff Sinclair has concluded, the military remains on trial over how it investigates and prosecutes sexual assault cases. People in Fayetteville on Friday said they …

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Military

Tully Rinckey PLLC attorneys Nicole Smith and Graig Zappia discuss a lawsuit filed by a family of a Navy Yard victim with Brendan McGarry of Military.com

by Graig F. Zappia, Esq. | Posted in Articles, News | Tagged ,

Family of Navy Yard Victim Plan to Re-file Lawsuit An attorney representing the family of one of the victims of the Washington Navy Yard shooting said he plans to refile a lawsuit arguing the U.S. military and contractors committed “gross …

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washington_times

Managing Partner Greg T. Rinckey talks about the sentencing phase in Brig. Gen. Sinclair’s case with Maggie Ybarra of the Washington Times

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , ,

Officer discount: General’s lenient sentence in sex-assault case sparks debate Lawmakers and legal experts Thursday questioned the seemingly lenient sentence given to an Army general in a high-profile U.S. military sexual-assault case, saying it smacked of being an “officer discount” …

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Washington Post

Tully Rinckey PLLC’s Greg Rinckey discusses the latest turn in the Naval Academy sex assault case with the Washington Post

by | Posted in Articles, News | Tagged ,

Judge finds midshipman not guilty in Naval Academy sex assault case By Annys Shin A military judge on Thursday found a former Navy football player not guilty of sexually assaulting a female classmate in a high-profile case that reverberated far …

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Stars and Stripes

Tully Rinckey PLLC’s Greg T. Rinckey discusses the reprimand handed down to Brig. Gen. Jeffrey A. Sinclair

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged ,

Sinclair reprimanded, fined; case likely to reignite battle over military justice By Jennifer Hlad An Army general who once faced life in prison for sexual misconduct with a subordinate ended up with a fine and a reprimand, a verdict that …

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Navy Times

Jokes can lead to maltreatment charge

by Mathew B. Tully, Esq. | Posted in Articles, News | Tagged , ,

By Mathew B. Tully Q. Can a service member’s jokes actually result in a charge of maltreatment? A. When troops think about “maltreatment,” an offense under Article 93 of the Uniform Code of Military Justice, they tend to think of …

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“Outstanding representation” – A.M.

by David A. Fallon, Esq. | Posted in Testimonials | Tagged ,

Due to the outstanding counsel and representation from the attorneys at Tully Rinckey PLLC, I successfully settled my Butterbaugh claim against my agency.  The resolution of my military claim would not have been possible without their persistence and unwavering support …

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Alleged military sex assault victims seek to block use of counseling records

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , ,

By Annys Shin The sexual assault case at the U.S. Naval Academy that began at an off-campus party nearly two years ago has turned a microscope on otherwise routine aspects of military legal procedure. Both the broad authority of commanders …

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Air Force Times

Case shows impact of year-old special victims counsel

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , , ,

At first, it seemed the airman would escape the charge that he had raped a co-worker. The investigating officer didn’t think there was enough evidence to send the case to court-martial and recommended tossing out the charge. In September, Lt. …

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Air Force Times

Not all voyeurism charges are alike

by Mathew B. Tully, Esq. | Posted in Articles, News | Tagged , , , ,

By, Mathew B. Tully Q. Is indecent viewing and “peeping Tom” behavior the same thing? A. Both behaviors are forms of voyeurism, but they’re not the same. Generally, the difference comes down to how much of their victims the offenders …

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Sgt. Maj. Richard Erickson sat down with Fox News’ Fox and Friends to discuss the trial.

by Administrator | Posted in News | Tagged , , ,

The U.S. Postal Service must reinstate Sgt. Maj. Richard Erickson who was fired almost 14 years ago after the agency mistakenly concluded that he had missed too much work while on active duty with the Army National Guard, the Merit …

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Sexual-assault charges dropped against second former Navy football player

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , , ,

By Annys Shin In the latest setback to a highly scrutinized sexual-assault case at the U.S. Naval Academy, charges were dropped Friday against a second former Navy football player, leaving just one midshipman facing court-martial in the alleged rape of …

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Congress Passes Major Military Sex Assault Reform

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged ,

By Rebecca Ruiz, Contributor The Senate passed a bill Thursday that contains several important changes to how the military handles sexual assault within its ranks. The legislation was included in the National Defense Authorization Act, an annual spending bill that …

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Navy Times

False travel records may equal larceny

by Mathew B. Tully, Esq. | Posted in Articles, News | Tagged ,

By, Mathew B. Tully Q. What kind of trouble could a service member get in for submitting false travel records? A. By tricking the government into paying bogus travel-related expenses, troops are stealing from their country, and can be charged …

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“You guided our son thru this entire process without alarm, yet with caring persistence.” – D.T. on behalf of W.T.

by | Posted in Testimonials | Tagged ,

Dear Meghan, Thank you for the service you provided to me and my US Marine Corps son, who was struggling with having his combat earned disability terminated by a Board of Inquiry.  The things that impressed me about you are: …

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Naval Academy head must testify about his court-martial decision in alleged rape case

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , , ,

A military judge Thursday ordered the superintendent of the U.S. Naval Academy to appear in court next month to answer questions about his decision to put two former Navy football players on trial for an alleged rape. Putting Vice Adm. …

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Air_Force_Times

Life as an informant: ‘Folks end up getting burned’

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , ,

Sometimes, things don’t end well for informants. Air Force Office of Special Investigations agents “have no authority to protect any of their sources, who are usually already in trouble or labeled as misfits or as a troublemaker,” retired Capt. Christopher …

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logo_militarytimes

What crimes require troops to register as sex offenders?

by Mathew B. Tully, Esq. | Posted in Articles, News | Tagged , ,

By, Mathew B. Tully Q. I’ve been charged with a sex crime. If convicted, will I have to register as a sex offender? A. Department of Defense Instruction 1325.07 outlines several types of sex crimes that carry sex offender registration …

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Ex-sailor Graciela Saraiva cleared of mistaken drug charge, but case shows broader problem

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , , ,

By Robert McCartney When I wrote about former Navy reservist Graciela Saraiva three weeks ago, her case was supposed to be closed. I faulted the Navy for refusing to clear the Maryland woman’s military record after it kicked her out …

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Stars and Stripes

Air Force officer acquitted of groping, could face military punishment

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , , ,

By Chris Carroll Stars and Stripes ARLINGTON, Va. — The former head of the Air Force Sexual Assault Prevention and Response Office was acquitted in civilian court Wednesday of assault and battery against a woman who said he had grabbed …

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Air Force could still take action against ex-SAPRO chief acquitted in groping case

by Greg T. Rinckey, Esq. | Posted in Articles, News | Tagged , , ,

A civilian jury on Nov. 13 acquitted the former chief of the Air Force’s Sexual Assault Response and Prevention Office on charges he drunkenly groped a woman outside an Arlington, Va., bar earlier this year. But the trouble might not …

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Air Force colonel acquitted of assault

by Administrator | Posted in Articles, News | Tagged , , ,

Rachel Weiner and Matt Zapotosky | Washington Post A colonel who once headed the Air Force’s sexual assault branch was acquitted Wednesday of an assault charge stemming from an incident this year in which he was accused of groping a …

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Navy Times

Punishments for traditional drugs vs. synthetic

by Mathew B. Tully, Esq. | Posted in News | Tagged , , , ,

By, Mathew B. Tully Q. Does the military more harshly punish service members who use traditional illegal drugs as opposed to synthetic drugs, such as spice? A. The service branches have zero-tolerance policies for the use of illegal drugs or …

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Business Review

Kent Eiler Receives Recognition Plaque

by Administrator | Posted in News | Tagged ,

Kent Eiler Date added:October 28, 2013 Submission Type:New Hire Current employer:Tully Rinckey PLLC Current title/position:Senior Associate Industry:Legal Services Position department:Legal Duties/responsibilities:Kent is a Senior Associate at Tully Rinckey PLLC, where he represents service members worldwide. Kent has over four and …

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Air Force JAG Kent Eiler Joins Tully Rinckey PLLC Military Law Practice Group

by Administrator | Posted in News, Press Releases | Tagged , ,

Eiler’s formidable JAG experience further rounds out firm’s military law team October 17, 2013 – Washington, D.C. – Tully Rinckey PLLC has hired United States Air Force Judge Advocate General’s Corps Reservist JAG attorney Kent Eiler to be part of its …

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Washington Post

Timothy MacArthur | People on the Move

by Administrator | Posted in News | Tagged

Date added: October 9, 2013 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Senior Associate Industry: Legal Services Position department: Legal Duties/responsibilities: Current Army Reservist JAG attorney Tim MacArthur joins the Military Law Practice Group at Tully …

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Washington Post

Two Ex-Navy Football Players to go on Trial in Rape Case Despite Judge’s Recommendation

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Annys Shin The superintendent of the U.S. Naval Academy set aside the recommendation of a military judge Thursday and ordered two former Navy football players to face court-martial in the alleged sexual assault of a female midshipman, attorneys for …

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Army Times

Unloaded Gun? It’s Still Assault

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. Is pointing an unloaded weapon at someone just as serious an offense as pointing a loaded weapon at him? A. A service member who points a gun at another person generally commits an assault in …

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Wrongfully Disenrolled University of Portland ROTC Cadet Saved from $84,000 Scholarship Bill

by Michael W. Macomber, Esq. | Posted in Press Releases | Tagged ,

Assistant Secretary of the Army Thomas R. Lamont recently ordered an investigation into allegations of document fabrication and systematic problems in the University of Portland Reserve Officers Training Corps program after the military law firm Tully Rinckey PLLC successfully showed …

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WTOP Radio

2 Ex-Navy Football Players to Face Court-Martial

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

By Brian Witte Two midshipman will face a court-martial in an alleged sexual assault at an off-campus party while a third will not, the U.S. Naval Academy superintendent said Thursday. All three midshipmen were former Navy football players. Vice Adm. …

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Air Force Times

Be Wary of ‘Discarded’ Property

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. If I find something discarded on base, is it ever OK to take it? A. Never would the military want its members to adhere to the motto, “Finders keepers, losers weepers.” Service members need to …

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Army Times

Lying to Civilian May Violate UCMJ

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

By Mathew B. Tully Q. When would a service member’s lie to a civilian count as a false official statement? A. A service member’s lie to a civilian can indeed qualify as a false official statement in violation of Article …

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Army Times

Criminal Past Not Always a Disqualifier in Clearance Checks

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Navy Yard shooter Aaron Alexis’ ability to get a national security clearance despite a history of arrests, questions about mental illness, and a spotty Navy record looms as a major question the day after the mass shooting that left the …

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Boston Herald

Incident in RI Was a Red Flag

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

  By John Zaremba Slain Washington Navy Yard shooter Aaron Alexis’ bizarre statements to Rhode Island cops last month — that he heard voices coming from his hotel walls, floor and ceiling, and that three tormentors were using a microwave …

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Greg Rinckey Discusses Washington DC Navy Yard Shooting

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Military Lawyer and Former JAG Attorney Greg Rinckey discusses Washington DC Navy Yard Shooter Aaron Alexis’ security clearance and military honorable discharge status. He also discusses how he obtained access to the facility.

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The Navy Yard Shooting. Why?

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A former Army attorney says the shooting should raise questions about whether military installations should randomly check vehicles. Alexis entered the Navy Yard because he had a valid military-issued ID and was assigned to work there as a contractor. Greg …

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“Top of My List” – M.R.

by Tully Rinckey PLLC | Posted in Testimonials | Tagged

“I could not be more pleased with their services. Tully Rinckey PLLC and the legal team treated me with respect and professionalism desired in a top caliber attorney. They advocated my case and sought answers from the moment I retained …

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Greg Rinckey Discusses Lawsuit Filed in Naval Academy Sex Assault Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Attorneys for a midshipman at the center of a sexual assault case against three ex-Navy football players have asked in a federal lawsuit filed Thursday that the Naval Academy’s superintendent not be involved in deciding whether the men will be …

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The Baltimore Sun

Attorneys in Naval Academy Sex Assault Case Wrap Up Arguments

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Pamela Wood Prosecutors told a military hearing officer on Tuesday that three Naval Academy football players engaged in sexual acts with a drunken female midshipman at an off-campus party last year and then lied about it repeatedly to investigators. …

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Washington Post

Military’s Handling of Sex Assault Cases on Trial at Naval Academy Rape Hearing

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By Melinda Henneberger and Annys Shin After four days and more than 20 hours of relentless questions about her medical history and motivations, her dance moves and underwear, the 21-year-old midshipman who has accused three former Naval Academy football players …

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Washington Post

Accuser in Naval Academy Rape Case Concludes Testimony After Five Days on Stand

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By Lyndsey Layton The female midshipman who accused three former U.S. Naval Academy football players of rape concluded her testimony Sunday after a rare break in proceedings Saturday because her attorney said she was emotionally and physically exhausted. Cmdr. Robert …

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UPI

Accuser in Naval Academy Rape Case Ends 24 Hours of Testimony

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The female midshipman accusing three ex-U.S. Naval Academy midshipmen of rape ended testifying after her lawyer called defense lawyers’ questioning repetitive. The midshipman concluded her testimony Sunday after the proceeding was recessed Saturday when the woman’s attorney told the presiding …

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Washington Post

Bradley Manning Says He Will Live as a Woman and Seek Hormone Therapy in Prison

by Greg T. Rinckey, Esq. | Posted in News | Tagged , ,

By Lenny Bernstein and Julie Tate Army Pfc. Bradley Manning said Thursday that he will live as a woman and seek hormone replacement therapy while incarcerated, confronting the military prison system with a demand that has prompted state and federal …

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Washington Post

Woman Accusing 3 From Naval Academy of Rape “Didn’t Want Anyone Else to Get in Trouble”

by | Posted in News | Tagged ,

By Annys Shin The female midshipman who has accused three former U.S. Naval Academy football players of raping her at a party more than a year ago said she initially tried to stop authorities from investigating because she was frightened …

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Washington Post

Defense Attorneys Question Accuser’s Credibility in Naval Academy Rape Case

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By Annys Shin Defense attorneys for three former U.S. Naval Academy football players continued to try to chip away at the credibility of the female midshipman who has accused the athletes of raping her at an April 2012 party. For …

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Hasan Sentence Shows Military Justice System Works, Some Say, Although Appeals Process Remains

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Jennifer Hlad While Maj. Nidal Malik Hasan was sentenced to death Wednesday, it could be years before he faces execution by lethal injection — if ever. Still, former military lawyers say the court-martial shows that the military justice system …

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Washington Post

Three Former Naval Academy Football Players Face Accuser at Hearing on Rape Charges

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By Annys Shin A hearing on rape allegations against three former U.S. Naval Academy football players got underway Tuesday morning at the Washington Navy Yard, with a female midshipman facing her alleged assailants for the first time in a legal …

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Washington Post

Nidal Hasan Convicted of Fort Hood Killings

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Billy Kenber Nidal Malik Hasan, the Army psychiatrist who opened fire on dozens of soldiers at Fort Hood., Tex., was found guilty Friday of murdering 13 people, taking him one step closer to becoming the first active-duty soldier to …

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Military.com

Manning Sentenced to 35 Years in Prison

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By Brendan McGarry Army Pfc. Bradley Manning, who was found guilty of passing classified intelligence to the website WikiLeaks, was sentenced to serve 35 years in prison and will be dishonorably discharged from the military. The 25-year-old soldier was sentenced …

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Dallas Morning News

A Few More Questions and Answers About Nidal Hasan’s Trial

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By Mike Hashimoto Earlier today, before the Nidal Hasan guilty verdict, I tossed a few technical questions to the Tully Rinckey law firm in Washington for its expertise in military law. (That’s the firm where retired Col. Lisa Marie Windsor …

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WTOP Radio

Greg Rinckey Discusses the Sentencing of Pfc. Bradley Manning

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged , ,

Tully Rinckey Managing Partner, Greg T. Rinckey, discusses the sentencing of Pfc. Bradley Manning on WTOP radio.

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Hasan Rests His Case Without Calling Witnesses

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By Jennifer Hlad Maj. Nidal Malik Hasan, the Army psychiatrist charged with the 2009 mass shooting at a pre-deployment clinic here, rested his case Wednesday without calling any witnesses. Hasan is charged with 13 specifications of premeditated murder and 32 …

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Associated Press

WikiLeaks’ Bradley Manning Wants to Live as a Woman, but Hormone Therapy in Prison is Unlikely

by Greg T. Rinckey, Esq. | Posted in News | Tagged , ,

Bradley Manning wants to live as a woman named Chelsea and begin hormone treatment as soon as possible, the soldier said a day after being sentenced to 35 years in prison for giving government secrets to WikiLeaks. Manning announced the …

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Greg Rinckey Discusses Case Sentence & Parole Possibilities in Bradley Manning Trial

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Former US Army JAG Attorney Greg Rinckey, now military lawyer and Managing Partner with Tully Rinckey PLLC, commented on the Bradley Manning Sentencing on Out Front with Erin Burnett.

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Voice of Russia

Fort Hood Shooter Declines to Call Witnesses, Rests Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

In a court martial which has captured attention both nationally and internationally, the Army psychiatrist is defending himself against charges that he killed 13 people in a rampage in 2009. Hasan has admitted to being the shooter but says he …

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Military.com

Manning Scheduled to Be Sentenced Today

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By Brendan McGarry Army Pfc. Bradley Manning, who was found guilty of passing classified intelligence to the website WikiLeaks, will probably be sentenced by a military judge to serve more than two decades in prison, attorneys said. Manning is scheduled …

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What to do When a USERRA Case Comes Into Your Firm – August 20, 2013

by Michael W. Macomber, Esq. | Posted in Past Events | Tagged ,

Presenter: Michael W. Macomber, Esq. Date: August 20, 2013 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour Click here to view Michael’s biography. Unable to join us in Albany? Join us online via webconference. *Please note that newly admitted attorneys …

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BuzzFeed

What Is Going On In The Fort Hood Shooter Trial?

by | Posted in News | Tagged ,

By Jessica Testa Maj. Nidal Malik Hasan is a former Army psychiatrist charged in the 2009 mass shooting at Texas’ Fort Hood, in which 13 people died and more than 30 were injured at the military base’s Soldier Readiness Processing …

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Los Angeles Times

Military Rules Prevent Hung Jury in Ft. Hood Shooting Trial

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By Molly Hennessy-Fiske The military jury that will decide the fate of Maj. Nidal Malik Hasan, accused of gunning down fellow soldiers in a bloody rampage at this military base, is an elite group — all officers of his rank …

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The Seattle Times

A Few Mysteries Remain as Hasan Trial Gets Under Way

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By Jeremy Schwartz In the 45 months since the mass shooting at Fort Hood on Nov. 5, 2009, the mysteries surrounding the incident have steadily dwindled. It’s clear that Maj. Nidal Hasan was the shooter — numerous witnesses testified to that …

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News Channel 8

Greg Rinckey Discusses Fort Hood, Texas Mass Shooting with NewsChannel 8

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Military Attorney and Managing Partner Greg Rinckey of the law firm Tully Rinckey PLLC appears on NewsChannel 8′s NewsTalk to discuss the Nidal Hasan trial.

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KUT News

Even If Hasan’s Convicted, a Long Road to Death Row Awaits

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Marylee Williams In the opening statement at his court-martial, Maj. Nidal Hasan said, “The evidence will clearly show that I am the shooter.” While the case against Hasan, the Army psychiatrist accused of killing 13 people at Fort Hood …

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Los Angeles Times

Ft. Hood Shooting Trial is a Test for Military Jury System

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By Molly Hennessy-Fiske The jury that will decide the fate of Maj. Nidal Malik Hasan, accused of gunning down fellow soldiers at this central Texas military base, is an elite group of Army officers operating under a military legal system …

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UPI

Military Panel, Hasan Representing Himself Makes for Rare Trial

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The trial of Maj. Nidal Hasan, accused of killing 13 soldiers in 2009 in Fort Hood, Texas, could be a rarity for the military panel system, experts said. Hasan, who is charged with 13 counts of premeditated murder and 32 …

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Lisa Windsor Appears on Federal News Radio – August 9, 2013

by | Posted in Audio, News | Tagged ,

Military Lawyer Lisa Windsor of Tully Rinckey PLLC discusses the latest in the Nidal Hasan trial with Emily Kopp of Federal News Radio.

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CJAD

Lisa Windsor Appears on CJAD Radio – August 3, 2013

by | Posted in Audio, News | Tagged ,

Military Lawyer Lisa Windsor of Tully Rinckey PLLC goes on air with Adam Shapiro of Montreal-based CJAD 800 AM.

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“I Couldn’t Imagine Using Anyone Else” – J.N.

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“Meghan Peters understood the nature of my issue when most other attorneys had little experience with my problem. Meghan was very thorough with her explanations and she provided simple and straight forward answers. I have been referring the firm to …

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NY Daily News

Accused Fort Hood Killer Wants Death Penalty, Standby Attorney Alleges

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Corky Siemaszko The murderous major on trial for the Fort Hood massacre is trying to fit himself for a noose. That accusation was levelled Wednesday by a military lawyer assigned to Maj. Nidal Malik Hasan, who has been representing …

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WTOP Radio

Lisa Windsor Appears on WTOP Radio – August 6, 2013

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Lisa Windsor was a guest of Hillary Howard and Veronica Robinson on WTOP where she discussed the latest in the Hasan trial.

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Kalvin Ng

Military Lawyer Lisa Windsor on Bradley Manning Sentencing

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By Kalvin Ng Short news clips of US military lawyer and former Judge Advocate Lisa Windsor on what could be expected from Bradley Manning’s sentencing hearing. Manning was convicted of espionage for leaking hundreds of thousands of secret US files …

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Reuters

US Expected to Say Accused Fort Hood Shooter Carefully Planned Attack

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By Lisa Maria Garza After nearly four years of legal delays, prosecutors will lay out their case against Hasan in opening statements at his military court martial on the base where he is accused of the attack on November 5, …

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Voice of America

Hasan Admits to Deadly Fort Hood Shootings

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Greg Flakus U.S. Army Major Nidal Hasan has presented his opening argument in a Fort Hood, Texas courtroom, telling jurors, known in military trials as panel members, that evidence will show that he opened fire on the base on …

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Lisa Windsor Discusses Charges in Fort Hood Trial

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Military Lawyer Lisa Windsor of Tully Rinckey PLLC in Washington DC discusses the charges that Nidal Hasan is facing as he is charged with 13 counts of premeditated murder during the Fort Hood, Texas shooting massacre in 2009.

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FOX 5 Washington, DC

Lisa Windsor Discusses Charges in Nidal Hasan Trial

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Former US Army JAG attorney Lisa Windsor of Tully Rinckey PLLC discusses the Nidal Hasan trial with Fox News and what to expect as Hasan represents himself in the case.

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Kileen-Daily-Herald

Hasan Trial Starts Today

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Philip Jankowski After nearly four years, a small Fort Hood courtroom about two miles from the site of the worst mass shooting on a military base in U.S. history will hold the trial of the Army major accused of …

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Associated Press

Fort Hood Shooting Victim Speaks Out

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Tully Rinckey military defense attorney Lisa Windsor spoke with AP TV to discuss the upcoming Hasan trial and USA Today picked up part of the interview. Maj. Nidal Hasan doesn’t deny he carried out a November 2009 rampage killing 13 …

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CTV

Bradley Manning Sentencing Begins – Faces up to 136 Years in Prison

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Bradley Manning’s possible prison sentence could hinge on the damage his leaks caused the U.S. government and his motives for releasing the sensitive material. His fate rests with a judge who will begin hearing arguments Wednesday at Fort Meade, near …

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CBS News

Bradley Manning Facing up to 136 Years as Sentencing Phase Begins

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Bradley Manning’s possible prison sentence could hinge on the damage his leaks caused the U.S. government and his motives for releasing the sensitive material. His fate rests with a judge who will begin hearing arguments Wednesday at Fort Meade, near …

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Huffington Post

Bradley Manning Sentencing Phase Begins In Court-Martial

by Tully Rinckey PLLC | Posted in News | Tagged , ,

By David Dishneau and Pauline Jelinek Acquitted of the most serious charge against him, Army Pfc. Bradley Manning still faces up to 136 years in prison for leaking government secrets to the website WikiLeaks, and his fate rests with a …

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WTOP Radio

Lisa Windsor Appears on WTOP Radio – July 30, 2013

by | Posted in Audio, News | Tagged ,

Tully Rinckey military defense attorney Lisa Windsor was on WTOP on July 30, 2013 with anchors Shawn Anderson and Hillary Howard to discuss the Manning Verdict.

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Greg T. Rinckey - Military Lawyer

Military Disability Benefits & the Non-Military Spouse: How to Prepare & Protect Your Client – July 30, 2013

by Greg T. Rinckey, Esq. | Posted in Past Events | Tagged ,

Presenter: Greg T. Rinckey, Esq. Date: July 30, 2013 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour Click here to view Greg’s biography. Unable to join us in Albany? Join us online via webconference. *Please note that newly admitted attorneys …

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Verdict of Bradley Manning Wikileaks Case Scheduled to be Announced

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The judge in the Bradley Manning Wikileaks case is scheduled to announce the verdict on July 30, 2013. Manning is charged with the largest leak of classified information in American history. It is likely that the judge will hand out …

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JS Online

Army Veteran Who Lost Hand Takes Battle with FBI to Court

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By John Diedrich and Gina Barton As a teenager, Justin Slaby pounded a punching bag in the basement for hours, hitting it so hard he rattled his Oak Creek home and frayed his parents’ nerves. Finally, his father had enough. …

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Dallas Morning News

Inside View of Fort Hood Gunman Trial

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By Mike Hashimoto Nearly four years since the horrific mass shooting at Fort Hood near Killeen, testimony in the court-martial of accused gunman Nidal Hasan is scheduled to begin Aug. 6. Points asked Lisa Marie Windsor, a 22-year veteran of …

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Huffington Post Live

Judge not Dropping “Aiding the Enemy” Charge in Manning Trial

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tully Rinckey Managing Partner Greg Rinckey joins Huffington Post live to discuss the Bradley Manning trial. The judge in Bradley Manning’s trial has decided not to drop the most serious charge against him over his massive data dump to WikiLeaks: …

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Navy Times

Ask the Lawyer: Same Crime, Different Punishments

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. Someone I know was found guilty of wrongfully using marijuana, but he was allowed to stay in the military. Does that mean I will not receive a bad-conduct or dishonorable discharge if I’m convicted of …

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Voice of America

Fort Hood Trial to Follow Regular Military Justice Rules

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By Greg Flakus Jury selection has begun in the murder trial of Major Nidal Hasan, the army psychiatrist accused of opening fire at Fort Hood, Texas in November 2009, leaving 13 people dead.  Many commentators and families of victims have complained …

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Army Times

Generals Expected on Stand, in Jury for 1-Star’s Sex Assault Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Joe Gould Brig. Gen. Jeffrey Sinclair, soon to face a military trial on forcible sodomy and other misconduct charges, has mounted a double-barrelled counteroffensive more commonplace in high-profile civilian defense than in the military. In the courtroom, Sinclair’s legal …

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Kileen-Daily-Herald

Fort Hood Shooting Victims: Time for Justice

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By Philip Jankowski After more than 3½ unpredictable years of legal wrangling, appeals, surprises and the possible inclusion of a former U.S. attorney general, the trial of Maj. Nidal Hasan is about to begin. Jury selection starts Tuesday in the …

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Voice of America

Judge Clears Path for Fort Hood Shooting Trial to Start Next Week

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By Greg Flakus At a hearing in a Fort Hood, Texas courtroom, the judge in the trial of U.S. Army Major Nidal Hasan cleared the way for the trial to begin on Tuesday, July 9, with jury selection. Hasan is …

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Supreme Court Strikes Down DOMA; Hagel Promises Benefits ASAP

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By Megan McCloskey and Chris Carroll Gay military couples could soon have access to the same benefits as their heterosexual counterparts with today’s Supreme Court decision striking down the Defense of Marriage Act. That law banned federal benefits for same-sex …

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Air Force Times

Should You Object to Summary Court-Martial?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. How do I know whether I should object to a summary court-martial? A. Summary court-martial is the lowest level of courts-martial. The punishments are less severe than those available at special court-martial or general court-martial. …

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Army Times

Ask the Lawyer: How Does the Military Define Stalking?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. At what point would a service member’s attempts to keep tabs on an ex-spouse qualify as stalking? A. Stalking is one of the newest articles under the Uniform Code of Military Justice, created in 2006, …

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Washington Post

Rape Charges Filed Against Three Naval Academy Football Players

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By Annys Shin Three U.S. Naval Academy football players were charged Wednesday with raping a female midshipman and making false statements in the latest sexual assault scandal to roil the elite service academy. The academy filed the charges but did …

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“Persistence and Unwavering Support” – A.M.

by David A. Fallon, Esq. | Posted in Testimonials | Tagged ,

“Due to the outstanding counsel and representation from the Attorneys at Tully Rinckey PLLC, I successfully settled my Butterbaugh claim against my agency.  This settlement agreement would not have been possible with their persistence and unwavering support for my rights …

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Obama’s Comments Could Have Long-term Effect on Sex Assault Cases

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Chris Carroll President Barack Obama’s call last month for strict punishments for military sexual assault — and a military judge’s ruling that those comments from the commander in chief crossed the line — will likely have immediate impacts on …

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Military Lawyer Chad McFarland Discusses Military Sexual Assault Epidemic

by Administrator | Posted in News | Tagged

The sexual assaults of military personnel, that have been happening across the country, have apparently also been happening right here in our own backyard. On a day when the U.S. House of Representatives approved $638 billion dollars in defense spending …

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Kileen-Daily-Herald

A Tale of Two Trials

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By Philip Jankowski While Bales’ court hearings move swiftly, Hasan case drags on Court hearings last week for two soldiers accused of capital murder paint drastically different pictures of military justice. While the accused Fort Hood shooter’s trial remains mired …

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In Bales, Hasan Cases: What’s the Deal?

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Chris Carroll One soldier was accused of stalking into the darkened homes of Afghan villagers and massacring 16 men, women and children, burning some of the bodies before returning to base. Another soldier, witnesses say, entered a medical facility …

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Fort Hood Suspect Says He Was Protecting Taliban

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By Angela Brown An Army psychiatrist charged with gunning down Fort Hood soldiers said Tuesday his defense would show that he was compelled to do so because deploying U.S. troops posed an imminent danger to Taliban fighters. The military judge …

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“Professional Service and Advice” – R.G.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“I wanted to take the time to take you for your professional service and advice. I would not have been successful with proving my innocence with this case. I commend you and your staff on a job well done, and …

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Greg Rinckey Comments on Trial of Fort Hood Shooting Suspect Major Nidal Hasan

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Former US Army JAG attorney Greg T. Rinckey comments on the decision to allow Fort Hood Shooting Suspect Nidal Hasan to act as his own attorney. The judge in the case has ordered a medical evaluation to determine if he …

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YNN - Your News Now Albany, NY

Chad McFarland Discusses Sergeant at West Point Accused of Filming Female Cadets

by Administrator | Posted in News | Tagged

Sergeant First Class Michael McClendon is facing a number of charges in military court, accused of videotaping female cadets without their consent. Officials say these images appear to have been taken at a number of locations on West Point campus, …

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Air Force Times

Ask the Lawyer: Awards and Medals May Help in Sentencing

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

By Mathew B. Tully Q. I’ve received numerous awards and decorations during my time in service. Will that make any difference at my court-martial? A. Medals have great value — both to the service and to the recipient. If you …

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WUSA

Lisa Windsor Discusses Epidemic of Sexual Assualt in the Military

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Lieutenant Colonel Jeffrey Krusinski will be arraigned at his first court appearance. Police say Lieutenant Colonel Jeffrey Krusinski approached a woman in a parking lot in the Crystal City area and grabbed her breasts and buttocks about 12:30 a.m. Sunday. …

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DC Military

Ask the Lawyer: Can I Take Back My Guilty Plea?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. I had no idea that by pleading guilty to an offense I would end up losing all of my health care benefits. Is there any way I can take back my plea? A. Many service …

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President Obama Pushes to Close Guantanamo Bay Prison

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Former Army JAG Attorney Greg Rinckey, now a military lawyer at the law firm of Tully Rinckey PLLC, was quoted on CNN’s Out Front with Erin Burnett regarding the latest in President Obama’s intent on closing the prison at Guantanamo …

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Air Force Times

Test Results Not Mandatory for Drug Convictions

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. Can I be convicted for using illegal drugs without the results of a urinalysis or blood test? A. Short of catching a service member in the act, the government usually prefers to rely on scientific …

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Navy Times

Clemency Possible, But Controversial Right Now

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. If I get convicted in a court-martial, is there any way I might be granted clemency? A. This has been a hot issue since an Air Force commander earlier this year granted clemency to a …

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Rolling-Stone-Magazine

Greg Rinckey Featured in Rolling Stone Article “The Rape of Petty Officer Blumer”

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Inside the military’s culture of sex abuse, denial and cover-up By Sabrina Rubin Erdely The first thing Petty Officer 2nd Class Rebecca Blumer realized upon waking was that she was freezing cold and naked. The second thing was that her …

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c-span

Lisa Windsor Discusses Military Justice and Defense Secretary Hagel’s Court Martial Overhaul

by | Posted in News | Tagged ,

Former Army Judge Advocate General Lisa Marie Windsor of Tully Rinckey PLLC described the military’s court-martial system, and she responded to telephone calls and electronic communications. Other topics included Defense Secretary Hagel’s announcement that the Pentagon would ask Congress to …

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“Thank You” – W.M.

by David A. Fallon, Esq. | Posted in Testimonials | Tagged ,

“Thank you and your law firm for representing us in this matter. I had long ago written this off as a no win situation.” - W.M. on associate David A. Fallon

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Air Force Times

Military Can’t Discriminate Against Pregnancy, but There are Restrictions

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. I am on active duty, and I’m pregnant. What are my rights and responsibilities? A. Female service members should know that discrimination on the basis of pregnancy is not allowed in the military. All troops …

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cnn_logo

Osama Bin Laden’s Son-in-law Sulaiman Abu Ghaith in Federal Court in New York

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Osama bin Laden’s son-in-law and former spokesman was due back in a US federal court in New York Monday, a month after he pleaded not guilty to terrorism charges. Sulaiman Abu Ghaith, reportedly a 47-year-old Kuwaiti and allegedly a senior …

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Air Force Times

Just an Inspection, or a Search for Evidence? The Difference Matters

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. How do you know whether your commander is conducting an unlawful search under the guise of a legitimate inspection? A. Commanders can’t just search anyone in their command whenever or wherever they feel like it. But …

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The Daily Gazette

For Assaulted Female Vets, New Hope

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Sara Foss The first time Air Force Staff Sgt. Colleen Bushnell was sexually assaulted in the military, she decided not to report it. “I did not tell, out of fear,” the Troy native recalled. Her assailant was a “co-worker, …

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DC Military

Ask the Lawyer: What Charges Do I Face if Accused of Sexual Harassment?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Service members who engage in sexual harassment could be charged with failure to obey a regulation in violation of Article 92 of the Uniform Code of Military Justice. The list of potential offenses, however, does not …

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“Can’t Thank You Enough” – J.E.

by Tully Rinckey PLLC | Posted in Testimonials | Tagged ,

“I can’t thank you folks enough, I feel so vindicated! Let me tell you a funny story. I received a letter from the court on Thursday saying that my appeal had been dismissed. In my translation of legalese, I thought …

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“Pleased With My Results” – R.A.

by Tully Rinckey PLLC | Posted in Testimonials | Tagged ,

“I would like to express my appreciation for the great job your firm has done to get my refund from the Air Force for in correct charges of military leave while I was working as an Air Reserve technician. I …

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cnn_logo

Lisa Windsor Discusses Quantico, Virginia Marine Base Shooting

by | Posted in News | Tagged ,

Military Lawyer and Former JAG attorney Lisa M. Windsor, Esq. of Tully Rinckey PLLC spoke with CNN about the shooting at the Quantico, Virginia Marine Base. Sgt. Eusebio Lopez shot two fellow marines and turned the gun on himself on …

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cnn_logo

Lt. Col. James Wilkerson Reinstated into Air Force

by | Posted in News | Tagged ,

Lt. Col. James Wilkerson, whose case has sparked calls from Congressional lawmakers and sexual assault victims’ advocates for changes to the military justice system, had been selected for promotion to colonel before he was accused of groping a sleeping houseguest. …

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Army Times

Hood Shooting Suspect Hasan May Plead Guilty

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Angela Brown More than three years after the deadly shooting rampage at Fort Hood, an Army psychiatrist may soon describe details of the terrifying attack for the first time, if he’s allowed to plead guilty to lesser charges. Maj. …

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cnn_logo

Bradley Manning Pleads Guilty to 10 Charges Except Aiding the Enemy

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Former Army JAG attorney Greg T. Rinckey comments on Bradley Manning whistleblower case on CNN. Manning has plead guilty on 10 of the 22 charges, however is pleading innocent to “Aiding the Enemy” – the most severe of the charges …

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DC Military

Ask the Lawyer: Can a Retiree Face Charges For Actions Committed While on Active Duty?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. After I retire from the military, can I face court-martial charges for offenses committed while on active duty? A. Leaving the military does not make a retiree untouchable to military justice. Generally, if the military learns …

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DC Military

Ask the Lawyer: Who Has Custody of My Child During Deployment?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. I’m newly divorced and will soon be deployed overseas. I have joint legal custody of my 2-year-old son, who primarily lives with me. I’m afraid if I leave my boy with my ex–husband then he will …

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DC Military

Ask the Lawyer: Can the Government Make My Spouse Disclose Confidential Conversations?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. If I told my spouse about something wrong I did, can the government make him or her testify against me? A. Generally in the military, what a married couple confidentially tells each other is not the …

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Air Force Times

Court Can’t Force Restitution, But It Can Be Part of Deal

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. If I commit a crime, can the military force me to pay damages to the victim? A. Under the Rules of Court-Martial, the powers of courts-martial are “entirely penal or disciplinary.” That means military judges …

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lawyers.com

Troops Sacked by Don’t Ask, Don’t Tell Get Separation Pay

by | Posted in News | Tagged ,

By Aaron Kase Former service members who were honorably discharged from the military under the “Don’t Ask, Don’t Tell” policy are now eligible for full separation pay, thanks to a recent court settlement. The American Civil Liberties Union had instigated a …

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DC Military

Ask the Lawyer: Can They Force My Wife to Testify Against Me?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. I told my wife about something wrong I did. Can the government make her testify against me? A. Generally, in the military what a husband and wife confidentially tell each other is not the business of …

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Human Resources Journal

Sergeant Major Wins Legal Battle Against USPS: Firing Could Cost Postal Service $2 Million

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Thirteen years after he was fired, Army Special Forces Sgt. Major Rick Erickson stands vindicated for his long legal battle. An administrative law judge has ruled that, not only must he be re-established in his postal worker job but also be …

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Military.com

Guardsman Wins $2M in Post Office USERRA Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Charlie Reed A U.S. Postal Service employee who was fired for “excessive use of military service” when he tried to return to work after four years on active duty with the National Guard must be reinstated with over $2 …

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msnbc

After Firing Soldier in 2000, USPS Ordered to Rehire Him – and Pay Him $2 Million

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Bill Briggs A heavily decorated Army Green Beret, fired by the U.S. Postal Service in 2000 for taking military leave, must be reinstated in his mail job and retroactively paid by the USPS for back wages, benefits and legal …

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Stars and Stripes

Guardsman Ordered Reinstated by Postal Service with Back Pay

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

By Charlie Reed A U.S. Postal Service employee who was fired for “excessive use of military service” when he tried to return to work after four years on active duty with the National Guard must be reinstated with over $2 …

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cnn_logo

Greg Rinckey Discusses WikiLeaks Whistleblower Charges with CNN

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Click here to read the full transcript Tully Rinckey PLLC Military Lawyer Greg Rinckey sat down with CNN’s Carol Costello on “Newsroom” to discuss the Bradley Manning Whistleblower case and charges against him by the US Military. U.S. Army private …

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Army Times

Disloyalty: Troops Have a Shorter Leash Than Civilians

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. Am I being disloyal if I criticize the government? A. Service members used to gripe about things that bothered them in so-called “bull sessions,” which usually never went further than their immediate buddies. These days, …

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USAtoday

GI’s Treatment Focus of Hearing in WikiLeaks Case

by | Posted in News | Tagged ,

An Army private charged in the biggest security breach in U.S. history is trying to avoid trial by claiming he’s already been punished by confinement conditions that a United Nations torture investigator called cruel, inhuman and degrading. Pfc. Bradley Manning …

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Stars and Stripes

Details So Far in Petraeus Sex Scandal Not Legally Damaging, But Could Trigger Punishment

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Salacious details leaked by anonymous Washington sources about respected current and former generals embroiled in a sex scandal don’t yet add up to anything legally damaging, military law experts told Stars and Stripes. The CIA said Thursday it was investigating …

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Voice of America

US Hazing Trial Confronts Army’s Delicate Race Relations

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A military courtroom in North Carolina is not where the Chen family expected to spend time when they immigrated to the United States from China more than 20 years ago. But this week, Su Zhen and Yan Tao Chen traveled …

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DC Military

Ask the Lawyer: Is Alcoholism a Defense?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. Can a service member’s alcoholism be raised as a defense to criminal charges? A. Despite the military’s long-running campaign to curb alcohol abuse among service members, the Institute of Medicine of the National Academies recently said …

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ABC 7 News

David Petraeus: Breaking the Military Code?

by | Posted in News | Tagged ,

Two of the most powerful military leaders in America are caught up in a sex scandal that could end both of their careers and land both men in a military prison. Many American civilians don’t understand how, what amounts to …

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wired_logo

Bradley Manning Offers to Plead Guilty to Partial Charges, Including Leaking to WikiLeaks

by | Posted in News | Tagged ,

In a surprising turn of events, accused WikiLeaks leaker Bradley Manning offered on Wednesday to plead guilty to parts of the charges he is facing, in exchange for the government pursuing lesser charges. Manning did not plead guilty but indicated …

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New York Times

Greg Rinckey Discusses Petraeus Scandal

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Seeking legal insight on the General David Petraeus sex scandal, The New York Times called upon Military Attorney Greg Rinckey to address the legal implications of Petraeus’ conduct as well as the conduct of everyone else involved. Rinckey discusses the …

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Associated Press

Afghan Massacre Case Tests Military Justice System on Troops Accused of Killing Civilians

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The U.S. military has been criticized for its spotty record on convicting troops of killing civilians, but a hearing against Army Staff Sgt. Robert Bales involving a massacre in Afghanistan has shown that it isn’t like most cases. Government prosecutors …

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Air Force Times

‘Discredit’ Definition is Broad; Be Alert to Prosecution’s Moves

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

Q. Are there any offenses that do not qualify as “bringing discredit” upon the military? A. The military doesn’t like getting egg on its face. That’s why one of the three clauses on which an offense under Article 134 of …

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The Post and Courier

Former Charleston Police Officer Suing the Navy

by | Posted in News | Tagged ,

Training for war can be ugly, but what happens when details of that training get back to an employer? Is it considered strictly private personnel-record information, or is it shareable? That’s part of the argument scheduled to be debated Monday …

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DC Military

Ask the Lawyer: What if a Driver Flees the Scene of an Accident?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. Are there any circumstances where a driver could flee from the scene of an accident and not get in trouble? A. Fleeing the scene of an accident usually involves a split-second decision where a drivers fear …

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Army Times

Ask the Lawyer: Defense Available for Troops Unknowingly Absent from Military

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. What happens if you’ve been AWOL for a long time without knowing it? A. It’s not common, but it does happen: Service members unknowingly fall into absence without leave or deserter status. Such situations sometimes …

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Army Times

Ask the Lawyer: ‘Conduct Unbecoming’ Aims to Preserve Integrity

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q. What exactly qualifies as “conduct unbecoming of an officer and a gentleman”? A. Conduct unbecoming of an officer and a gentleman in violation of Article 133 of the Uniform Code of Military Justice could be …

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AFRO

Army’s Top General Backs Leniency for Gen. Kip Ward

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

U.S. Army Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, supports allowing Gen. William “Kip” Ward, a Black four-star general and former commander of the U.S. Africa Command, to retire as a four-star general, according to the Associated Press. …

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DC Military

Ask the Lawyer: When is Wrongful Conduct Not Prejudicial to Good Order and Discipline?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. When is wrongful conduct not prejudicial to good order and discipline in violation of the General Article? A. The conduct prejudicial clause is one of three on which an Article 134 violation can be based. Conduct of …

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Huffington Post Live

Lisa Windsor Discusses One Year Anniversary of Death of Pvt. Chen

by | Posted in News | Tagged ,

Tully Rinckey PLLC Military Law Of Counsel Lisa Windsor appears on Huffington Post Live to discuss hazing in the military. The topic is raised on the one year anniversary of the death of Army Private Danny Chen. Chen committed suicide …

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DC Military

Ask The Lawyer: Is AWOL and Breaking Restriction the Same?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew Tully Q. Is it possible for a service member to be convicted of being absent without leave and breaking restriction over a single incident, or are they the same? A. The Uniform Code of Military Justice protects service …

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Voice of Russia

Pentagon Threatens “No Easy Day” for Navy Seal Author

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Today, the Pentagon announced that they might move to stop the publication of “No Easy Day,” a book which describes the raid into Pakistan that led to the death of Osama Bin Laden. The book in question, “No Easy Day: …

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Air Force Times

Kevlar for the Mind: How to Get Out Without Trouble or Pain

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: Short of doing something wrong or becoming disabled, how can someone leave the military before his service obligation expires? A: Much like marriage, the military demands a commitment from those who enter it. Breaking that …

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UPI

Top General May Not be Court-Martialed

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The former top U.S. general in Africa won’t face court martial over accusations he misused hundreds of thousands of dollars, former military lawyers predict. A report by the Defense Department’s inspector general says Gen. William “Kip” Ward committed a variety …

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Stars and Stripes

Ward Unlikely to Face Court-Martial for AFRICOM Misdeeds

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The former head of U.S. Africa Command, accused of misusing hundreds of thousands of dollars in travel funds, is unlikely to face court-martial but could see administrative punishments such as fines, a letter of reprimand and a reduction in rank, …

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Albany Times Union

Chad McFarland, Former Army JAG Attorney, Joins Tully Rinckey PLLC

by Administrator | Posted in News | Tagged

Chad McFarland, former Army JAG attorney, joined the Albany law firm. McFarland will defend service members in military law matters, including courts-martial, Article 15 actions, letters of reprimand, officer/enlisted elimination proceedings, ROTC disenrollment proceedings, and appeals to boards of correction …

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Greg T. Rinckey - Military Lawyer

Department of Veterans Affairs Claims Process – August 21, 2012

by Greg T. Rinckey, Esq. | Posted in Past Events | Tagged ,

Presenter: Greg T. Rinckey, Esq. Date: August 21, 2012 Time: 6:00-7:00 p.m. Areas of Professional Practice: 1 CLE Credit Hour Click here to view Greg’s biography. If you have questions on any of our FREE Continuing Legal Education courses, please …

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The Record

City to Terminate Firefighter Suffering from PTSD Friday

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A 16-year military veteran and father of four who has been on medical leave from the city’s Fire Department since February 2010, has been notified that he will be terminated on Friday. Litigation is ongoing between the City of Troy …

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DC Military

Ask the Lawyer: Do I Have to Answer That?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: How should I respond if a superior officer asks me a question and the truth would probably get me in trouble? A: If a service member is suspected of committing an offense and is questioned …

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NGAUS

Help Needed

by | Posted in News | Tagged ,

The performance of the National Guard in the decade since 9/11 has been rightly ballyhooed and the force has celebrated its evolution from a strategic reserve to an operational force. But that success has bred trouble for some young Guardsmen …

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Army Times

Ask the Lawyer: Dangerous, Stupid Acts can Lead to Charge of Reckless Endangerment

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: If I do something dangerous — and a little stupid — but no one gets hurt, will I still get in trouble? A: Stupid and dangerous conduct is a recipe for a charge of reckless …

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Fay Observer

Fort Bragg Officials Say Verdict in Holcomb Court-Martial Won’t Affect Next Cases

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Army prosecutors failed to convince a jury that Sgt. Adam Holcomb drove Danny Chen to suicide last fall in Afghanistan. But Fort Bragg officials said that will have no bearing on the courts-martial of six other men charged in the …

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Army Times

Ask the Lawyer: Commanders Cannot Demand Urinalysis Testing on a Whim

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: Can my commander demand a urinalysis sample on the spot? A: There are times when commanders can order troops to provide urine samples for a drug test, and there are times when they cannot. First, …

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Army Times

Ask the Lawyer: UCMJ’s Kidnapping Statutes Can Apply to Domestic Disputes

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: Is it seriously considered kidnapping if I refuse to let my girlfriend storm out of the room during an argument? A: We generally think of kidnappers as villains who bind and gag their victims and …

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WNYC

Mother of Hazed NYC Solider Takes Stand as Court Martial Trial Begins

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The parents of Private Danny Chen are in North Carolina to attend the court-martial of the soldiers who hazed their son — allegedly due to his ethnicity — to the point where he shot himself in Afghanistan. On Tuesday, Chen’s …

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Associated Press

Lawyers Argue Over Harm in Military WikiLeaks Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

An Army private charged in the biggest leak of classified information in U.S. history wants to be able to defend himself at trial by arguing in part that the leaks didn’t do much harm. Military prosecutors say the consequences of …

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DC Military

Ask the Lawyer: Does What Happens in the Hospital Stay in the Hospital?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: If I get treated at a hospital for a drug-related incident, can the military use my medical records against me? A: Just because a doctor, instead of your commander, ordered a urinalysis does not automatically …

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Army Times

Ask the Lawyer: PTSD Not a Free Pass for Criminal Charges

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: Can I blame a crime I committed on post-traumatic stress disorder? A: A diagnosis of post-traumatic stress disorder is not a guaranteed get-out-of-jail card. Under Article 50a of the Uniform Code of Military Justice, a …

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Army Times

Ask the Lawyer: Judges’ Scrutiny Guards Against Improper Guilty Pleas

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: What happens if you mistakenly plead guilty to an offense? A: It’s not uncommon for service members who are accused in court-martial proceedings to be overcome by feelings of shame and fear. However, the military …

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DC_Military_com

Ask the Lawyer: Are Empty Threats a Crime?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: Is it really a crime if you lose your cool and say some unpleasant things to someone? A: In the Navy, sticks and stones may break a Sailor’s bones, but names can get him thrown …

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Bloomberg Businessweek

Colonel Spared Prison for Fraud, Bigamy

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A U.S. Army colonel has been sentenced to a reprimand and $300,000 fine for defrauding the government to help his Iraqi lover’s family, officials said. Col. James H. Johnson III, former commander of the 173rd Airborne Brigade Combat Team, was …

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Huffington Post

Justice Not Served in Army Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

I have deep admiration for the military, its sacrifices and dedication. The root of its strength, however, is the services’ ideals, which provide the bedrock of what is often truly great about this institution. That is why I am dismayed …

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New York Times

For Some Who Served, an Awful Betrayal of Trust

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The documentary filmmaker Kirby Dick has become one of the indispensable muckrakers of American cinema, zeroing in on frequently painful stories about how power functions in the absence or failure of accountability. “Twist of Faith” (2004) was about a young man …

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YNN - Your News Now Albany, NY

Former Judge Advocate General (JAG) Greg Rinckey Donates to Air Force Staff Sgt.

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tully Rinckey Managing Partner Greg Rinckey appears on YNN as he surprises Air Force Staff Sgt. Colleen Bushnell with a train ride and exclusive tickets to the premiere of “The Invisible War” in New York City. The documentary won the …

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msnbc

Veterans Return From War to Find Jobs Gone

by Michael W. Macomber, Esq. | Posted in News | Tagged ,

Members of the National Guard and Reserve sign up to serve our country as needed, and when they return home many expect to find their civilian jobs waiting for them. Unfortunately, that’s not always the case. Andrae Evans was an …

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msnbc

Nidal Hasan, Fort Hood Shooting Suspect, Barred From Court for Beard

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A judge has barred Maj. Nidal Hasan, the Army psychiatrist charged in a deadly shooting rampage at Fort Hood, from military court because he still has a beard. Judge Col. Gregory Gross told Hasan on Tuesday that he could not attend …

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United Press International

Colonel Spared Prison for Fraud, Bigamy

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A U.S. Army colonel has been sentenced to a reprimand and $300,000 fine for defrauding the government to help his Iraqi lover’s family, officials said. Col. James H. Johnson III, former commander of the 173rd Airborne Brigade Combat Team, was …

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Stars and Stripes

Outrage Over Perceived Light Sentence for Convicted Colonel

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Servicemembers and legal experts around the world reacted with outrage and scorn Friday to what many regarded as an exceptionally light sentence for an Army colonel convicted of fraud, adultery, bigamy and conduct unbecoming an officer and a gentleman. Col. …

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Army Times

Spouse Has Most to Lose if Colonel is Found Guilty, She Says

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

If Col. James H. Johnson is convicted of the charges against him, sentences under military law can include a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years. But the future is also uncertain for Johnson’s …

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DC Military

Ask the Lawyer: May My Bumper Sticker Poke Fun At The President?

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

By Mathew B. Tully Generally, service members are permitted to brandish on their personal vehicles bumper stickers that espouse a political viewpoint. However, they could end up driving down the wrong road if the bumper sticker insults the president. Service members …

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DC Military

Ask the Lawyer: But He Started It!

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

By Mathew B. Tully Q: I got into a fistfight at a bar. He threw the first punch. Can I avoid an assault conviction by saying I was defending myself? A: No one holds a monopoly on the defense of self-defense. …

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Army Times

Ask the Lawyer: Timing Matters in Fighting Auto Repossessions

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

By Mathew B. Tully Q: Can a creditor repossess my car while I’m on active duty? A: When it comes to the repossession of a motor vehicle that a service member purchased under a financing contract, timing is important. Generally, …

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rt_small

Pilots Could Be Punished After Speaking Up About Deadly F-22 Fleet

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Two US Air Force pilots who spoke out against unresolved issues onboard the multi-million dollar F-22 Raptor fleet may face punishment from the Pentagon, even though they are covered under the Whistleblower Protection Act. Despite ongoing reports of malfunctions with …

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cnn_logo

Former Army JAG Greg Rinckey Provides Legal Analysis of Soldier Who Died on Skype

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Military Lawyer and former Army JAG Attorney Greg Rinckey is called on by CNN to provide live perspective on a mysterious investigation surrounding the death of U.S. soldier after he collapses while speaking to his wife via Skype.  Rinckey weighs …

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DC Military

Ask the Lawyer: What Exactly Qualifies as Wrongful Sexual Contact Under the UCMJ?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully While the most serious sexual assault offenses, such as rape and aggravated sexual assault, have captured the most media attention, wrongful sexual contact is actually becoming a bigger problem in the military. In the 2010 fiscal …

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JD Supra

Employment Rights for America’s Returning Veterans

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Mathew Tully, from the Tully Rinckey law firm in New York, says that former members of the military have an advantage in getting hired by the federal government. The Veterans Employment Opportunities Act (VEOA) allows veterans to obtain hiring preference …

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Marine Corps Times

Shifting Guidelines Prompt Calls for ROE Reform

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The Afghan man captured on a grainy surveillance video was a known insurgent. And there he was — again — digging a hole for a homemade mine beneath a well-traveled dirt road in Helmand province. Several Marines in a nearby …

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Go Back to School With the Post-9/11 GI Bill: A Lawyer’s Story

by Greg T. Rinckey, Esq. | Posted in Articles | Tagged ,

Originally posted in New York Law Journal. With the last U.S. forces being pulled out of Iraq in December 2011 and troops expected to leave Afghanistan by 2014, over 1 million members of the armed forces will come off active …

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Greg T. Rinckey - Military Lawyer

Veterans’ Employment Issues – Pennsylvania Bar – April 20, 2012

by Greg T. Rinckey, Esq. | Posted in Past Events | Tagged ,

Greg T. Rinckey will be presenting a CLE at the Employment Law Institute held by the Pennsylvania Bar Institute on April 20, 2012 in Philadelphia, PA. Greg’s presentation will cover USERRA rights and give an overview to employment attorneys about …

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DC Military

Ask The Lawyer: Should I Reject Captain’s Mast For Court-Martial?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully When deciding whether to take a case to court-martial instead of Captain’s Mast, the big question is how hard do you want to fight for your innocence? The next question is do you really want to …

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Suit Over Veteran’s Job Status Before Deployment May Proceed

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Originally posted in New York Law Journal A National Guardsman who left his job to serve in Iraq can sustain an employment action because questions remain as to whether he was an independent contractor and whether he would have been …

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Army Times

Ask the Lawyer: Family’s Losses Depend on Charges, Sentence

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Question: What will happen to my family if I am convicted at court-martial and sentenced to confinement with a punitive discharge? Answer: What happens in the short term to dependents of service members sentenced to confinement …

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DC Military

Ask The Lawyer: Is It A Crime, Yet?

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Q: At what point does an attempt to do something illegal become criminal, even if you don’t pull off the crime? A: In the military, anyone who tries to commit a crime, regardless of whether he …

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Navy Times

Ask the Lawyer: You Can’t Take Military Property – Even Temporarily

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Question: How bad would it be if I used some military equipment from work to do odd jobs at home? Answer: Every so often I come across a newspaper article about a bomb squad being called …

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Air Force Times

Method, Intent Shape Illegal-Entry Charges

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: I got in trouble for going into a friend’s home without his permission while he was away. What’s the difference among burglary, housebreaking and unlawful entry? A: Even government prosecutors have a hard time differentiating these offenses. In fact, …

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Associated Press

Army Reserve Reprimands Soldier who Backed Paul

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Greg Rinckey’s military law analysis used in this Associated Press Article was picked up by 350+ local and national news sites across the world including the Washington Post, Washington Examiner, Boston Globe, MSNBC, Taiwan News, Stars and Stripes and world …

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“Very Familiar With Military Law” – S.D.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“Mr. Rinckey was a life saver. I really gave up that there were no lawyers out there that were familiar with military regulations. Greg was very familiar with military law and was very good keeping me informed with his phone …

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“Thank You!” – M.H.

by Tully Rinckey PLLC | Posted in Testimonials | Tagged

“Thank you for all that you do for National Guard issues!” - M.H.

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c-span

Former Army JAG Lisa Windsor Discusses Robert Bales Murder Trial

by | Posted in News | Tagged ,

UCMJ Attorney Lisa Windsor appears on C-SPAN’s Washington Business Journal program to provide analysis and field viewer questions regarding the high profiled murder case of Staff Sergeant Robert Bales who is accused of killing 17 Afghanistan civilians.

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Associated Press

Army Sergeant Charged in Afghan Massacre

by | Posted in News | Tagged ,

Tully Rinckey’s Lisa Windsor provides analysis for Associated Press Television in the case of an Army soldier who is accused of murdering 17 Afghanistan Civilians.

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aljazeera

US Afghan Shooting Trial to be ‘Long Process’

by | Posted in News | Tagged ,

A top US Army general has said that the case against US soldier Robert Bales, charged with 17 counts of premeditated murder over the pre-dawn massacre of Afghan villagers, is set to be a “long process”. General Lloyd Austin, the deputy …

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The Hill

Marine Should Not be Punished for Anti-Obama Facebook Posts

by | Posted in News | Tagged ,

A Marine who said he would not follow an unlawful order from President Obama should not be dismissed, Rep. Duncan Hunter (R-Calif.) said Friday. Hunter, a Marine reservist who served in Iraq and Afghanistan, said Marine Sgt. Gary Stein should not …

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Associated Press

Marine Still Outspoken Despite Facing Dismissal

by | Posted in News | Tagged ,

The story was picked up by hundreds and hundreds of national and local news agencies across the world including ABC News, Boston Globe, CBS News, Yahoo News, Military Times Publications, Miami Herald and Times Union. A Marine facing dismissal for …

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Army Times

Army Improves Help for Sexual Assault Victims

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Pvt. Jessica Kenyon was in the Army from 2005 to 2006. In that short time, she says she was raped twice and also forcibly groped by three fellow soldiers. She stayed silent because she feared retaliation and being ostracized, she …

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msnbc

How Staff Sgt. Bales’ Lawyers are Fighting for His Life

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Lawyers for Army Staff Sgt. Robert Bales, suspected of killing 16 Afghan civilians, will likely mount a two-pronged defense, military law experts say, attacking the evidence against him while also arguing that his reported combat injuries and mental trauma created …

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CCTV

Former Army JAG Lisa Windsor Discusses Afghan Civilian Shootings

by | Posted in News | Tagged ,

Military Defense attorney Lisa Windsor appears on CCTV to to discuss possible convictions for Robert Bales, who is being charged with killing Afghan civilians.

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cnn_logo

Military Attorney Greg Rinckey Discusses Whats Next in Afghan Civilian Shooting Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tully Rinckey’s Managing Partner Greg Rinckey appears on CNN to provide military law analysis surrounding Army Sgt. Robert Bales who is accused of killing sixteen in Afghanistan. The interview hit the CNN Wire where it was picked up by more …

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Voice of Russia

Motive Remains a Mystery

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Like thousands of other American soldiers, Robert Bales joined the army after the September 11th attacks. And like many of those troops, he found himself serving multiple deployments in two different wars while he dealt with injuries both physical and …

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Associated Press

A Look at Military Justice in Afghan Killing Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Featured on 650+ news sites around the world including: ABC News CBS News MSNBC NPR US News and World Report Huffington Post Washington Post Boston Globe Yahoo News Google News Verizon News Miami Herald San Francisco Chronicle Anchorage Daily News …

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DC_Military_com

Ask The Lawyer: Computer Misuse Can Compromise Security Clearance

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: How bad is it for me to use my government computer for non-work matters? A: There is a type of computer program called a “Trojan horse.” It usually comes to users as a benign message or link, but once …

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Sexual Assault Lawsuit and Documentary Highlighting Secret Problem in the Military

by Greg T. Rinckey, Esq. | Posted in Press Releases | Tagged ,

Rape, sexual assault and sexual harassment are the subject of an eye opening lawsuit filed by eight female service members against the Department of Defense, Marine Corp and Navy. In the complaint, the female plaintiffs accuse fellow service members of …

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Army Times

Ask the Lawyer: Education Interrupted by Service? Know Your Rights

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: I recently started attending college and am really enjoying it. I also serve in the National Guard. I’ve heard some professors grumble about students missing classes because of military obligations. I’m a little worried about what will happen to …

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CCTV

Lisa Windsor Discusses Danny Chen Military Hazing Suicide Case

by | Posted in News | Tagged ,

UCMJ Court Martial Attorney Lisa Windsor provides Military Law analysis on the Danny Chen suicide case. 8 soldiers are facing charges after Danny Chen committed suicide after repeated hazing based on his Chinese-American race.

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Air_Force_Times

When in Doubt, Don’t Wear Uniform to Off-base Events

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

Q: I am very active in community events off base. How do I know when not to wear my uniform? A: If you need to even think of the question, don’t wear your uniform. These days, many service members risk …

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MilitaryTimesEdge

Brand Power – It’s How You Stand Out in the World

by Greg T. Rinckey, Esq. | Posted in Articles | Tagged ,

Greg Rinckey is an attorney the same way the Nike swoosh is running shoes or the Big Mac is fast food. “The Rinckey brand means federal employment and military law. I want to be known as the go-to firm for …

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Valentines

Service Members’ Rules of Engagement for Valentine’s Day

by | Posted in Blog | Tagged ,

By Lisa M. Windsor It’s said that love blossoms even in times of war. For the past decade, service members have had to celebrate Valentine’s Day while wars waged in Iraq and Afghanistan. Now with U.S. forces having been withdrawn …

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Love in the Military Could Cause Concern on Valentine’s Day

by Tully Rinckey PLLC | Posted in Press Releases | Tagged

Dating, Cheating and Displays of Affection Can Lead to Serious Trouble. Valentine’s Day evokes the feelings of love and passion, but in the military it can attract a long list of criminal offenses. The military’s Uniform Code of Military Justice …

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“Most Amazing Attorneys in the World!” – P.K.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“Non-judgmental, efficient, professional, personable, most amazing attorneys in the world! This is my first experience with attornies and I know in my heart I got the best ones! I do have bragging rights! Keep fighting the good fight!!!” - P.K. …

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hsa_logo

Hazing Trial is Attributed to Influence of Politician

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The civilian attorney for a second Hawaii Marine charged with hazing leading up to the suicide of Lance Cpl. Harry Lew in Afghanistan said Monday the only reason his client is on trial is because Lew’s aunt Judy Chu is …

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“Cannot Thank You Enough” – R.S. and C.S.

by Tully Rinckey PLLC | Posted in Testimonials | Tagged ,

“I cannot thank you enough for all that you did for us.” – R.S. and C.S.

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Air_Force_Times

Ask the Lawyer: Even Legal Separation Can Lead to Adultery Conviction

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Question: Can I be punished for adultery if I am legally separated? Could I be charged with anything else? Answer: Yes, you can be convicted of adultery even though you were legally separated at the time. …

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DC_Military_com

Ask the Lawyer: Disobey an Order at Your Own Peril

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Question: My commander is a little nuts. He keeps ordering me to do this or that. Sometimes I’m not even sure the things he’s ordering me to do are lawful. What should I do? Answer: One trait common …

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Army-Info-Now

Marines Caught Degrading Taliban Corpses

by | Posted in News | Tagged ,

A Youtube video has recently surfaced showing four US Marine solders urinating on Taliban corpses – an act that appears to violate international laws of warfare and further strains US-Afghan relations. They are from the 3rd battalion, 2nd marines unit. …

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First Post

Marines Caught Degrading Taliban Corpses

by | Posted in News | Tagged ,

A Youtube video has recently surfaced showing four US Marine solders urinating on Taliban corpses – an act that appears to violate international laws of warfare and further strains US-Afghan relations. They are from the 3rd battalion, 2nd marines unit. …

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Home Post

Marines Caught Degrading Taliban Corpses

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Defense Secretary Leon Panetta said today the Marines videotaped urinating on Taliban corpses will be punished “to the fullest extent.” Military legal expert Mathew Tully, a lieutenant colonel in the New York National Guard, told the Stars and Stripes that punishment needs to …

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msnbc

Hearings Set in Chinese-American Soldier’s Death in Afghanistan

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Legal proceedings will begin Sunday in the death of a Chinese-American soldier believed to have committed suicide in Afghanistan after allegedly being hazed by his fellow soldiers, the Army says. The Article 32 hearings, which would determine whether there was enough …

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NYSBA

Serving Those Who Served: New York State Bar Association Offers Program on How to Represent Military Veterans

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Expert Panels Explore Growing Legal Needs, Impact of Military Culture and Opportunities to Help Addressing a growing need for veterans’ legal services, the New York State Bar Association’s Special Committee on Veterans is presenting a daylong program on preparing attorneys …

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FOX 5 Washington, DC

Panetta Assures Afghans of Full Probe Into Marine Video

by | Posted in News | Tagged ,

Pentagon leaders scrambled Thursday to contain damage from an Internet video purporting to show four Marines urinating on Taliban corpses — an act that appears to violate international laws of warfare and further strains U.S.-Afghan relations. Defense Secretary Leon Panetta …

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StarsStripes_logo

DOD Out to Stem Backlash from Incendiary Video

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

U.S. officials scrambled Thursday to temper backlash from a video appearing to show Marines urinating on the corpses of Taliban fighters, an incendiary act that could again inflame anti-American sentiment throughout the Muslim world. Top Pentagon leaders issued a series …

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Navy Times

Desertion Conviction Could Lead to Five-Year Prison Term

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

By Mathew B. Tully Question: I’ve never told anyone I plan to desert the military. So if I don’t report for duty for awhile, would the military come after me for AWOL or desertion? Answer: The main difference between being …

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News_Tribune

Rainier Shooting Suspect’s Army Discharge Does Not Bar VA Benefits

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The former soldier who allegedly killed a ranger at Mount Rainier National Park Sunday likely was eligible for veterans benefits, according to documents that explain how soldiers with misconduct discharges like him can obtain services at Veterans Administration hospitals. Shooting …

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StarsStripes_logo

Hazing-related Charges in GI’s Death Could be Difficult to Prove

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A low-ranking soldier is hazed and mistreated by his fellow troops and even his leaders. He commits suicide. The military investigates. Are his tormenters legally responsible for his death? Last week, the Army charged eight soldiers in the hazing and …

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msnbc

Harshest Charges in Asian-American GI’s Death May Not Stick, Experts Say

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Army prosecutors will be in a tough spot pursuing charges of negligent homicide and involuntary manslaughter against five soldiers in connection with the death of an Asian-American GI whose family and advocates say was the victim of racial taunting, bullying …

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VA_Watchdog

The Season of Giving Could Lead to a Court Martial

by | Posted in News | Tagged ,

Most gift giving frowned upon and punishable in the military. The exchange of gifts is a favorite holiday tradition for many. A less popular and less known holiday tradition, however, involves the punishment of service members who stray from military …

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The Season of Giving Could Lead to a Court Martial

by | Posted in Press Releases | Tagged ,

The exchange of gifts is a favorite holiday tradition for many. A less popular and less known holiday tradition, however, involves the punishment of service members who stray from military rules by giving their superiors a Christmas or Hanukkah gift. …

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msnbc

8 US Soldiers Charged in Death of Fellow GI

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Eight U.S. soldiers have been charged in the death of 19-year-old Private Danny Chen, who was found shot to death in a guard tower in Afghanistan.  It was first thought that Chen may have committed suicide. The military’s investigation found however …

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present

Pricey Gifts for Superiors Land Service Members on Military’s Naughty List

by | Posted in Blog | Tagged ,

By Lisa Marie Windsor ‘Tis the season for giving. Service members, however, must be very careful when giving gifts to superior officers, because when such presents are too valuable they could land subordinates on the military’s naughty list. As many …

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Reason_Logo

The Bradley Manning Hearing: What’s Likely to Arise

by | Posted in News | Tagged ,

Wired magazine has a long-ish report on what to expect from the upcoming “Article 32“ pre-trial hearing for Bradley Manning, accused Wikileaker: The Article 32 hearing, a cross between a grand jury hearing and preliminary hearing in civilian courts, will be …

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wired_logo

WikiLeaks in Court: What to Look for in Bradley Manning’s Hearing

by | Posted in News | Tagged ,

When WikiLeaks suspect Bradley Manning enters a military courtroom in Ft. Meade on Friday he’ll face a military investigator bent on demonstrating that the young soldier committed grave violations of law by leaking hundreds of thousands of classified and sensitive …

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DC_Military_com

Ask the Lawyer: Lying to Get Out of Trouble Gets You Into More Trouble

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

Q: How bad is it if I stretch the truth a little when questioned by military police or a commander? A: For many people, it is unnerving to be questioned by a law enforcement officer. Even an officer’s simple or …

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VA_Watchdog

Red Tape Ensnarls Veteran-Owned Small Business

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

House Committee on Veteran Affairs calls VA’s verification process a failure. The U.S. House Committee on Veterans Affairs held a joint hearing Wednesday to flush out what lawmakers called significant problems with the process of verifying veteran-owned and service-disabled veteran-owned …

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veteran

VA Can’t Say Definitively Its Nursing Homes Have Bucked Deficiencies: GAO

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey The U.S. Department of Veterans Affairs still cannot provide assurances that patient care problems identified years ago at some of its 132 nursing homes have been resolved, according to the federal government’s watchdog agency. In a …

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Army Times

Move Quickly to Ensure Vets’ Preference Honored for Fed Jobs

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

Q: I’m interested in entering federal civil service after I leave the military. I know veterans get federal hiring preference, but I know many veterans get passed over for jobs. How do I know when a federal agency has violated …

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DC_Military_com

Ask the Lawyer: Be Careful When Giving a Little Help to Your Friends

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: Can I get in trouble if I help a fellow service member who may have committed a crime? A: That depends on whether you actually know a fellow service member has committed a crime. The law regarding accessories after …

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lawyers_com

Employment Law Advice for America’s Returning Veterans

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Today, we’re speaking with Mathew Tully, from Tully Rinckey PLLC law firm. We’re one of the largest law firms in the country that represents National Guardsmen and reservists in employment actions. I got here because in 1995, I went away …

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USERRA

House Passes Bill to Extend Hostile Work Environment Protections to Service Members

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey Service members who felt vulnerable after a federal appellate court earlier this year ruled the Uniformed Service Employment and Reemployment Rights Act (USERRA) does not protect them from hostile work environments now have reason to be …

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News Channel 8

Lisa Windsor Discusses Changes to FMLA

by | Posted in News | Tagged ,

Military Attorney Lisa Windsor of Tully Rinckey appears on Capital Insider to discuss changes to the Family Medical Leave Act (FMLA) for soldiers who are or will be deployed and their families.

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Albany Times Union

One War to Another

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Talk about shell shock. Over the past few months at my law firm dedicated to protecting the employment rights of military service members and veterans, I’ve heard from a shocking number of individuals experiencing trouble finding jobs. Part of the …

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DC_Military_com

Ask the Lawyer: Misuse of Rx Drugs a Prescription for Trouble

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: If my urinalysis comes back positive and I have a doctor’s prescription for painkillers, will I not get in trouble? A: Prescription drug use within the military has grown significantly in recent years, with many service members suffering from …

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examiner_com

Strange Case of Kentucky Soldier Charged with Espionage

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

American Army Specialist William Millay, a 22-year-old military policeman from Owensboro, Kentucky, stationed at Joint Base Elmendorf-Richardson in Alaska has been arrested and is awaiting charges of espionage. Reports from Wave 3 in Louisville, Anchorage Daily News and the Army Times all agree that …

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International Business Times

Alaska Solider Accused of Espionage

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A US Army soldier working as part of military police in Alaska has been arrested on suspicions of spying according to a US Army official, Reuters reported on Tuesday. Specialist William Colton Millay, 22, was arrested following an investigation by …

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American_Veteran_Magazine

Veterans Return Home to Find Tough Luck on the Job Front

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Many remain unemployed or are denied promotions and raises because of commitment to country Working under the most unfavorable conditions while serving their country overseas, service members are returning home and receiving an even more unfavorable slap in the face …

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The Atlantic Wire

The Next Bradley Manning? Not Necessarily

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The case of a U.S. Army police officer arrested on espionage charges in Alaska over the weekend immediately got compared to Bradley Manning, the Army intelligence analyst currently facing charges of leaking documents to WikiLeaks, but so far there’s just no …

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Army Times

UCMJ Charges Expected in Espionage Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

An Alaska soldier arrested on suspicion of espionage will face military charges, but he is not expected to be charged in federal criminal court, according to an Army spokesman. Spc. William Colton Millay, a 22-year-old military policeman from Owensboro, Ky., …

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gi_bill

GI Bill 2.0 Includes National Guard Members – Finally

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

When the Post-9/11 GI Bill was passed in 2008, it was hailed as a significant improvement to military education benefits. Under the new bill, military personnel with just 90 days of active-duty service could be partially eligible for benefits. After …

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Cemetery_KIA

KIA Bracelets Receive Corps Commandant’s OK

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey The Marine Corps has backed away from a ban against bracelets honoring fallen comrades. Service members, nevertheless, need to beware that other slight modifications to their uniforms can still get them in trouble. On Oct. 18, …

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CNC_World_News

Lisa Windsor Discusses Ramifications of Speaking Out Against Government

by | Posted in News | Tagged ,

Tully Rinckey’s Lisa Windsor sits down with CNC World News and discusses the ramifications after a service member speaks out against the government or military while on active duty.

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Federal Employment Law

Federal Commissioned Officers Score Protections Against Discrimination

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully Federal commissioned officers, who seven years ago saw their protections against discrimination severely curbed, can now go on the offensive thanks to recent decision from the U.S. Merit Systems Protection Board (MSPB). Due to a loophole …

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gavel01

CAAF Bolsters Alleged Sex Assault Offenders’ Ability to Confront Accusers

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey In a ruling that could have broad impacts on military rape cases involving married victims, a divided U.S. Court of Appeals for the Armed Forces (CAAF) ruled in U.S. v. Ellerbrock that a military judge violated …

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Military Law

Don’t Drop the Ball When Requesting FMLA Deployment-Related Leave

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully Federal employees have long had to juggle work, home and financial responsibilities, along with parting goodbye to loved ones, when family members were called to active duty in the armed forces. Soon, changes to the Family …

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American_Veteran_Magazine

F.M.L.A. Change Grants Military Family Members Time to Deal With Deployments

by | Posted in News | Tagged ,

Many service members will say one of the toughest parts about a deployment is saying goodbye to their family. Soon new changes to the Family and Medical Leave Act (FMLA) will make that farewell easier to handle. Beginning October 31, …

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Army Times

Explicit Messages, Images Put Careers at Risk

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

It began with some flirtatious text messages between an advanced individual training instructor and a young female trainee, and it quickly turned physical. The illicit relationship between the staff sergeant, who was almost 40, and the 19-year-old student was their …

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DC_Military_com

Ask the Lawyer

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: I think someone I know in the Navy is cheating on his wife with a civilian in another state. He’s gone to great lengths to keep it a secret, but what would happen if he gets caught? A: Many …

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News Channel 8

Don’t Ask Don’t Tell Repealed

by | Posted in News | Tagged ,

Tully Rinckey’s Lisa Windsor speaks with Capital Insider on the legal challenges that are born now that Don’t Ask, Don’t Tell has been repealed.

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peacekeeping_soldiers

Misbehavior by a Sentinel Charge Does Not Apply to Stoners: Navy-Marine Court

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey Congress and the president have an “I told you so” coming their way after a Marine lance corporal avoided conviction for misbehaving as a sentinel despite the fact he bought and smoked hashish while on guard …

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“Great Representation” – T.M.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“I received great representation and a fair settlement.” – T.M. on managing partner Greg T. Rinckey

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“Absolutely Great” – S.D.B.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“The firm (Mr. Rinckey) was absolutely great. I was able to set up a payment plan to suit my needs and best of all, I was found not guilty. I truly believe that without Mr. Rinckey, I would not have …

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DC_Military_com

What You Need to “Know” About AWOL

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: I am being charged with AWOL even though I never got the word about a mandatory formation for all personnel. Can my unit do that? A: It depends. There are several types of absence without leave under Article 86 …

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fox23news

Greg Rinckey Discusses Repeal of Don’t Ask, Don’t Tell

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tully Rinckey’s managing partner Greg Rinckey speaks with FOX 23 and discusses the legal debate that follows the end of Don’t Ask, Don’t Tell.

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YNN - Your News Now Albany, NY

Greg Rinckey Discusses Repeal of Don’t Ask, Don’t Tell

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tully Rinckey’s managing partner Greg Rinckey speaks with YNN about the ending of Don’t Ask, Don’t Tell and why a legal debate is just beginning.

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Army_Wife_Network

Army Wife Talk Radio Show: Servicemember Civil Relief Act

by | Posted in Audio, News | Tagged ,

Join the Army Wife Network team this week on Army Wife Talk Radio for an informative discussion on the benefits soldiers receive under the Servicemembers Civil Relief Act (SCRA) with Tully Rinckey PLLC Partner, Lisa M. Windsor.

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Air_Force_Times

Positive Drug Test May Not Lead to Separation

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: My drug test came back positive and showed traces of cocaine in my urine. Does this mean my military career is over? A: Not necessarily. The armed forces do not require mandatory separation when you test positive for illegal …

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Fedsmith

Air Force Reservist Wins Appeal on one of the Largest USERRA Lawsuits Ever

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

The 2nd U.S. Circuit Court of Appeals has decided in favor of an Air Force reservist in his case against Wachovia Securities LLC, providing a major victory to service members who leave well-paying commission jobs to serve their country in …

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Army Times

Court Awards Reservist $926K in USERRA Case

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

An Air Force reservist is a major step closer to receiving $926,506 in back pay and damages, after winning another round in his court fight for his federal re-employment rights. It’s one of the largest cases ever under the Uniformed …

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peacekeeping_soldiers

1st Cir: Employer $tuck with State and Fed Damages for Discriminating Against Guard Member

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully A federal appellate court shot down a Massachusetts sprinkler company’s attempt to curtail the amount of damages a service member could recover from it not only for violations to Uniformed Services Employment and Reemployment Rights Act …

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spice_hinge_military

Armed Forces Med Examiner Records High Positive Test Rates for Spice

by | Posted in Blog | Tagged ,

By Lisa M. Windsor Six months into the federal government’s blitz on designer drugs, the military is making inroads in detecting synthetic marijuana users within its ranks. Citing statistics from the Armed Forces Medical Examiner System, Air Force Times reported …

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soldier

2nd Cir. Decision Marks Big Win for Reservists with Commission-Based Jobs

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully A federal appellate court has handed a huge legal rights bonus to service members who leave commission-based jobs to actively serve in the military. The court found Wachovia Securities LLC violated an Air Force reservist’s rights …

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Albany Times Union

Club Denies Afghanistan Refund

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Cpl. Matthew Martin and his fiancee waited for confirmation that his Marine Corps unit was not scheduled for an overseas assignment this year before setting their wedding date. “We wanted to be sure before we signed anything that he was …

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hsa_logo

Death Investigation Details Hazing

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

3 Marines will face various charges in their hearing today in Kaneohe Within two weeks of arriving at a new patrol base and being assigned to a new squad in southern Afghanistan, Marine Lance Cpl. Harry Lew fell asleep three …

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oahu_submarine

Exam Cheating Sinks Conn. Submariners

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey A new front has emerged in the military’s fight against exam cheaters. This time it involves a Navy submarine, and there are indications the cheating might not be an isolated incident, according to an Associated Press …

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australian_navy

USAFCCA: Small Sums Swiped Can Cost Service Members Their Military Careers

by | Posted in Blog | Tagged ,

By Lisa M. Windsor Service members should be very careful about “self help” in recovering funds loaned to someone else, because, as a recent U.S. Air Force Court of Criminal Appeals (USAFCCA) ruling illustrates, wrongful repossession of as little as …

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beer

Military Confronts Rampant Alcohol Abuse

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey More Service Members in Need of Counseling, Effective Legal Representation Military leaders are stepping up efforts to address service members’ alcohol abuse problems, which have spread throughout the armed forces during years of exposure to stressful …

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Army Times

Officers Should Not Let Letters of Reprimand Ruin Their Careers

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Q: I am an officer and have received a letter of reprimand. What should I do? A: Commissioned officers and warrant officers put their military careers at risk if they view a letter of reprimand (LOR) as a slap on …

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m16

Army Goes After Bad Apples Amid Troop Withdrawals From Iraq/Afghanistan

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey Army soldiers who have managed to avoid getting kicked out of the military despite their illegal drug use or other misconduct will be falling into the crosshairs of commanders whose priorities are being reshuffled as the …

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spice_hinge_military

Crackdown on Spice Hinges on Marines Outing Marines

by | Posted in Blog | Tagged ,

By Lisa M. Windsor A U.S. Marine Corps initiative intended to overcome the cultural negativity attached to “snitching” is being tested in Japan and is being eyed as a model for the force in its fight against rampant use of …

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american-justice

Skeptical Military Judges Can’t Fish for More Serious Charges During Guilty Pleas

by | Posted in Blog | Tagged ,

By Lisa M. Windsor Standing before a judge at court-martial is never easy, especially when a service member is pleading guilty to a charge. It becomes an even more daunting matter when that judge expresses skepticism over the charge to …

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Prescription Drugs

Army Prohibits Use of Prescription Drugs 6 Months after Exp. Date

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey Soldiers need to start paying closer attention to the dispense date on their prescription drugs. Their military careers could be in jeopardy if they use prescription pills more than six months after the dispense date and …

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News Channel 8

Inside the Major Nidal Hasan Case

by | Posted in News | Tagged ,

Tully Rinckey attorney Lisa Windsor discusses the case against Ft. Hood shooter Maj. Nidal Hasan, and explains the differences between the civilian and military justice systems.

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American Flag

Law Prohibits Public Employers from Laying Off Service Members on Active Duty

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully New York public employees who took leave to serve their country have less reason to worry about losing their civilian employment due to the consolidation, abolishment, displacement or demotion of their positions under legislation (A.1428-B) Gov. …

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Houston_Chron

Few Options for Fort Hood Shooting Suspect’s Team

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

More than two dozen soldiers have testified about the day they were shot at Fort Hood in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation’s findings about the suspect: Before the …

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Salon

Fort Hood Suspect’s Defense Has Few Options

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

More than two dozen soldiers have testified about the day they were shot in a crowded Fort Hood building in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation has announced its …

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Associated Press

Fort Hood Suspect’s Defense Has Few Options

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

More than two dozen soldiers have testified about the day they were shot in a crowded Fort Hood building in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation has announced its …

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washington_from_above

Path Least Taken No More: More Sex Assault Cases Take Court-Martial Route

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey Earlier this year, 17 active duty and veteran service members sued top Pentagon officials for allegedly failing to adequately address sexual assault in the military. The plaintiffs in the case – including 15 women and two …

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coast_guard

Coast Guard Convictions Highlight Aggressive Crackdown on Hazing

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey The courts-martial of seven Coast Guardsmen convicted of hazing other sailors are highlighting how the armed forces are demonstrating little restraint in their effort to aggressively enforce a zero-tolerance policy against the brutal and demeaning practice. …

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to_be_a_target

Study Examines Impacts of Malignant Pleural Mesothelioma on Vets

by Greg T. Rinckey, Esq. | Posted in Blog | Tagged ,

By Greg T. Rinckey A new study sheds light on the impact of a lethal cancer on veterans.  The study covers Malignant Pleural Mesothelioma (MPM) and its effect on veterans, particularly Caucasians in their early 70s. The study illustrates the …

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university_of_houston_law_center

Former JAG Officer Joins Tully Rinckey PLLC

by | Posted in News | Tagged ,

FORMER JAG OFFICER JOINS TULLY RINCKEY PLLC Military Law Attorney Lisa M. Windsor Hired as Of Counsel June 28, 2011 – Washington, D.C.– Tully Rinckey PLLC is pleased to announce the hiring of attorney Lisa M. Windsor as Of Counsel …

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Army Times

Ask the Lawyer: “Little White Lies” Not Worth the Risk of an Article 107

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully Q: How much trouble would I get into for telling a lie, or stretching the truth, on a military form? A: In the military, even what some might consider innocuous “little white lies” can stain your …

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Navy Times

Navy Sees Steady Decline in Courts-Martial

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Despite a stream of headline-grabbing disciplinary issues, the Navy has over the past decade seen a steady decline in the number of sailors who have faced the most serious court-martial proceedings. The pace and pressure of wartime operations is clearly …

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American Heroes II

Court: USERRA Doesn’t Guard GIs Against Hostile Work Environments

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully For the first time, a federal appellate court has weighed in on whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members from hostile work environments in which their military duty is the …

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278050_supermarket

Oregon Grocer Fails to Check Out USERRA, Ordered to Pay Vets’

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully In yet another instance of veterans’ rights under the Uniformed Services Employment and Reemployment Rights Act being grossly violated, Oregon’s Department of Justice and the Department of Veterans’ Affairs recently announced that the Fred Meyer supermarket …

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Greg Rinckey - USERRA Attorney

USERRA & the Uniform Service Members Civil Relief Act – May 17, 2011

by Greg T. Rinckey, Esq. | Posted in Past Events | Tagged ,

Presenter: Greg Rinckey, Esq. Time: 6:00-7:00 p.m. Credits: 1 Credit in Professional Practice. RSVP is required as light fare and nonalcoholic drinks will be provided.

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don't_ask_don't_tell

Former Lesbian West Point Cadet Provides Cautionary Tale for DADT Repeal

by | Posted in Blog | Tagged

By Greg T. Rinckey By having her readmission application to West Point rejected, a lesbian cadet who resigned from the academy last year is providing a poignant reminder that the military’s “Don’t Ask, Don’t Tell” (DADT) policy remains in effect. …

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YNN - Your News Now Albany, NY

Legal Questions Raised for US After Bin Laden Killed

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tully Rinckey Managing Partner and military attorney, Greg T. Rinckey, weighs-in on the death of Osama bin Laden, including whether the killing was legal. “There is simply no question this operation was lawful,” said White House Spokesman Jay Carney. The …

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“Terrific Attorney” – E.N.

by Michael W. Macomber, Esq. | Posted in Testimonials | Tagged ,

“Mike Macomber was an attentive, thorough, compassionate and terrific attorney. He achieved positive results in a case that required the approval of the Air Force Academy and we are eternally grateful for his representation.” – E.N. on associate Michael W. …

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“Sound Advice” – P.U.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“Your sound advice, professional team, thoughtful preparation, and solid presentation at trial culminated in a positive outcome for our son, his mom and I, and ultimately the Navy and our country. I have had occasion to work with many firms …

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“Knows the System Inside and Out” – M.A.G.

by Mathew B. Tully, Esq. | Posted in Testimonials | Tagged ,

“When a Judge refers to your attorney as the “world famous Mat Tully,” you know you have the right lawyer on your side. Mr. Tully has won several cases for me, with one being a landmark decision, and I watched …

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“Veterans are Being Heard!” – R.E.

by Mathew B. Tully, Esq. | Posted in Testimonials | Tagged ,

“There is not a better choice out there! If it was not for Mr. Tully, I would have just been another Reservist fired and red flagged from ever getting another federal job, and for what, for just being a Patriot …

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“Highest Degree of Integrity” – S.H.

by Mathew B. Tully, Esq. | Posted in Testimonials | Tagged ,

“I ran into an experience where I was being discriminated against by my employer based on my military service.  I looked to numerous attorneys who claimed to be experts on the Uniformed Services Employment and Reemployment Rights Act and found …

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Army Times

MPs Prepare for the End of ‘Don’t Ask, Don’t Tell’

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A military policeman spots two male soldiers in uniform openly kissing and hugging at the post exchange before a woman steps in and slaps one of their faces. What does he do? Welcome to the brave, new post-”don’t ask, don’t …

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Military Tribunals – WGY Radio

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

WGY’s Read Shepherd talks to attorney Greg Rinckey of Tully Rinckey, a former Army JAG, about the differences between putting a defendant on trial before a judge and before a military tribunal. Attorney General Eric Holder has said 9/11 mastermind …

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army_reserve

DoD Conducts First Major Post-9/11 Survey of Guard and Reserve Employers

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully For the first time since the nation entered sustained military operations nearly a decade ago, the U.S. Department of Defense this month began its first large-scale, nationwide survey of the employers of Guard and Reserve members. …

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Washington Post Today

Court Faults USPS in Firing of Decorated Afghan War Veteran

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Uncle Sam can be one generous dude. He allows workers, in the public and private sectors, to be away from their jobs for five years without losing their gigs, if they are on temporary military duty. On top of that, …

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“Wonderful” – L.C.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“Thank you for the wonderful pro bono service” – L.C. on managing partner Greg T. Rinckey

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“Looked Out For My Best Interest” – S.E.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“I had final say on settlement and my attorneys always looked out for my best interest. Your Firm provided the perfect fit for my legal needs.  Your experience and legal expertise in USERRA cases made the difference in my case.” …

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“Team of Experts” – T.W.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“Nice having a team of experts in the field of military rights. Anyone who has an issue regarding their civilian employment or the military I refer to you.” – T.W.

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Fedsmith

Former Army Special Forces SGT Wins Reinstatement With Postal Service

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

The U.S. Court of Appeals for the Federal Circuit recently held that the U.S. Postal Service incorrectly terminated a member of the National Guard under false assumptions in that he abandoned his position. This huge win for veterans and service …

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Military.com

Army Looks to Improve Guard Life

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Starting next fall, the time a reservist spends at home between mobilizations will increase to four years, the Army Chief of Staff said yesterday during a meeting with members of the Army National Guard in Arlington, Va. Gen. George Casey …

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The Daily Caller

Former Military Lawyers Question Wisdom of Hasan Defense Attorney Blogging About Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

One of America’s highest-profile murder cases gained further notoriety last week when the defense attorney for Major Nidal Hasan, the man accused of killing 13 and wounding 30 in a November shooting at Fort Hood, Texas, publicly expressed his indignation …

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Federal Employment Attorney

Veterans Federal Employment Complaints Remain at Escalated Levels

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

Amid a dearth of job opportunities in the private sector, a shockingly high number of veterans last year continued to run into problems as they attempted to enter or reenter the federal civil service. Recently released statistics show that the …

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Burn_Pit

Supreme Court and Federal Circuit Rule for Veterans in Two Cases

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

You may recall the sad story of Mr. Henderson that I talked about in this post. The basic facts were relayed in the lower court opinion: Mr. Henderson served on active military duty from 1950 to 1952. He was discharged …

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StarsStripes_logo

Court Rules ‘Excessive’ Military Absence no Justification for Firing

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The U.S. Postal Service’s decision to fire an Army National Guardsman for “excessive absence due to military service” violated federal laws protecting servicemembers’ civilian jobs, a federal appeals court ruled on Monday. The decision is the latest victory for former …

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Federal Times Logo

Court Rules in Favor of National Guard Vet Fired by Postal Service

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A federal court on Feb. 28 ruled in favor of a veteran who was fired by the U.S. Postal Service after he had spent nearly six years on active National Guard duty. The U.S. Court of Appeals for the Federal …

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Military.com

SpecOps Soldier Wins USERRA Case

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A National Guard Special Forces Soldier fired by the U.S. Postal Service for “excessive absence due to military service” has won a court decision that could mean more than $1 million in back pay and a new job. Sergeant Maj. …

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Army Times

Court Rules Army Reservist Was Wrongfully Fired

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

In a decision that could cost the U.S. Postal Service more than $1 million, a federal appeals court has ruled in favor of an Army Reserve sergeant major who alleges he was fired from his job as a postal worker …

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Government_Executive

Court Cases Reaffirm Law Prohibiting Discrimination Against Workers Serving in the Military

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The law protecting the jobs and benefits of employees on active or reserve military duty received a boost earlier this week from two separate court decisions. The rulings, handed down in separate cases by the Supreme Court and the U.S. …

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us supreme court

Supreme Court Sides with Reservist in Job Discrimination Suit, Bolsters USERRA

by Mathew B. Tully, Esq. | Posted in Blog | Tagged ,

By Mathew B. Tully The nation’s highest court on Tuesday armed reservists with a shield to protect them against co-workers who are bitter over service members’ military obligations and try to undermine their civilian employment. In a decision that bolsters …

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High Court Rules in Favor of Decorated War Hero

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

High Court Rules in Favor of Decorated War Hero – Case will have widespread implications for thousands of veterans March 1, 2011 – Washington, D.C. – In a decision that will likely impact thousands of veterans for generations to come, …

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Legal Issues Impacting U.S. Veterans

by Greg T. Rinckey, Esq. | Posted in Press Releases | Tagged ,

Legal Issues Impacting U.S. Veterans – Greg T. Rinckey to Participate in Panel Discussion at Albany Law School February 28, 2011 – Albany, N.Y. What: There are roughly 22 million veterans living in the United States today, yet surprisingly only …

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“Successful Outcome” – S.R.

by Greg T. Rinckey, Esq. | Posted in Testimonials | Tagged ,

“I would like to thank Mr. Greg Rinckey of Tully Rinckey for the efficient and professional service I received with respect to a recent military matter.  I would also like to thank his paralegal for keeping my family and I …

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Albany_Law_School

Panel Discussion on Legal Issues Affecting U.S. Veterans

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Three student organizations will hold an event to explore the law as it relates to more than 34 million U.S. military veterans and surviving spouses on Monday, Feb. 28, at 7:00 p.m. in Albany Law School’s Mathew Bender Courtroom. A …

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The Daily Gazette

Harassment Alleged Over Retired Gloversville Firefighter’s Guard Service

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A federal court trial begins Feb. 14 in Utica on claims from a retired Gloversville firefighter that he was passed over for promotion to captain and also frequently harassed because of his service in the Air National Guard. Kyle Partlow, …

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fox23news

Capital Region Reacts to “Don’t Ask, Don’t Tell”

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The military’s “Don’t Ask, Don’t Tell” policy is on its way out after Saturday’s historic Senate vote. “This is a great day for America. It means that those gay and lesbian service members who are in now, who will come …

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San Antonio Express-News

Hasan’s Attorney Has Limited Options

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Veteran military attorneys say they think a capital murder trial is a virtual certainty for Maj. Nidal Malik Hasan, the Army psychiatrist charged with killing 13 people and wounding 32 others last year in a rampage at Fort Hood. They …

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gi_job_logo

Supreme Court Hears 1st USERRA Case

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The Supreme Court earlier this month heard the first case involving the alleged violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) since it was enacted in 1994. USERRA is a law that prevents employers from discriminating against …

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News Channel 8

Veteran’s Benefits Act Clarifies USERRA

by Steven L. Herrick, Esq. | Posted in News | Tagged ,

Managing Partner Steven Herrick talks about the Veterans’ Benefits Act of 2010 and how it clarifies the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994.

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Military.com

Supreme Court Hears Case of Fired Reservist

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The Supreme Court on Tuesday heard the case of an Army reservist who alleges he was fired from his job in 2004 because he was deployed by the military. The case is the first that the high court has considered …

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Mathew Tully

In Staub Case, a First Test of Civil Rights Law for Service Members

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The Supreme Court case Staub v. Proctor Hospital has been cast as an important test of a theory of liability in employment discrimination cases. That’s certainly true. It asks: Can an employer be held liable for discrimination when biased supervisors …

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Army Times

Act Carefully Before Responding to Questionable Order from Commander

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

My commanding officer has given me a directive that I believe is unlawful. What are the consequences for obeying or disobeying the order? It depends on the type of directive and whether it’s really unlawful. The consequences for obeying an …

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The Government Standard

Thousands of Reservists Still Entitled to Compensation

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

In the major 2003 AFGE legal win of Butterbaugh v. Department of Justice, the U.S. Federal Circuit Court of Appeals found that federal agencies improperly charged military leave to members of the U.S. National Guard and Reserves prior to December …

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Unconventional Wisdom Radio

Unconventional Wisdom

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Managing Partner, Greg T. Rinckey, discusses a possible repeal of the military’s controversial “don’t ask, don’t tell” policy.

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YNN - Your News Now Albany, NY

Ousted Gay Service Members Rejoining the Military

by Michael W. Macomber, Esq. | Posted in News | Tagged ,

Former Army Lieutenant Daniel Choi was back at the recruiting office in New York City Wednesday finishing his application to re-enlist in the Army. “I want to serve,” Choi said. Choi, who is openly gay, made headlines back in July …

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Washington Blade

Court Orders Injunction Against ‘Don’t Ask’ Enforcement

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A California federal court on Tuesday granted an injunction against the enforcement of “Don’t Ask, Don’t Tell” throughout the United States and across the globe. U.S. District Judge Virginia Phillips confirmed her earlier opinion in September against “Don’t Ask, Don’t …

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StarsStripes_logo

Judge Orders Injunction Barring ‘Don’t Ask, Don’t Tell’ Enforcement

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A federal judge issued a worldwide injunction Tuesday stopping enforcement of the “don’t ask, don’t tell” policy, ending the military’s 17-year-old ban on openly gay troops. U.S. District Judge Virginia Phillips’ landmark ruling was widely cheered by gay rights organizations …

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Daily News

Federal Judge Orders Immediate Halt to ‘Don’t ask, Don’t tell’ Ban on Openly Gay Troops

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A federal judge ordered the Pentagon Tuesday to immediately quit firing gay and lesbian soldiers, striking down the military’s controversial “Don’t Ask, Don’t Tell” policy. California District Court Judge Virginia Phillips ordered the military to stop all investigations and discharges …

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msnbc

Some Vets Get Pink Slips Instead of Tickertape

by Steven L. Herrick, Esq. | Posted in News | Tagged ,

Last year Mike Vahey returned from a four-year enlistment, including duty in Iraq and Kuwait, where he was a sergeant on an Army diving team inspecting ports for bombs. When he returned home he expected his job as an engineer …

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chron

Legal Process Starts for Fort Hood Defendant

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The 2007 file photo provided by the Uniformed Services University of the Health Sciences shows Nidal Malik Hasan when he entered the program for his Disaster and Military Psychiatry Fellowship. Hasan, 39, is accused of killing 13 people on Nov. …

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WGY Logo

Supreme Court Case Involving Westboro Baptist Church

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Managing Partner, Greg T. Rinckey, weighs in on the Supreme Court case involving the Westboro Baptist Church, a group known for protesting at military funerals.

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Military.com

Westboro Protests SEAL Funeral Procession

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

As if to remind the everyone of why they are appearing as defendants in a case before the U.S. Supreme Court Oct. 6, members of a controversial church that protests at the funerals of fallen American troops demonstrated yesterday along …

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Major Nidal Hasan’s Court Martial to Proceed in October 2010

by Greg T. Rinckey, Esq. | Posted in Press Releases | Tagged ,

Major Nidal Hasan’s Court Martial to Proceed in October 2010 – Article 32 Hearing Greatly Differs From Civilian Premeditated Murder Trial What: On November 5, 2009, Major Nidal Hasan opened fire at Ft. Hood, killing twelve armed servicemembers and one …

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fox23news

Don’t Ask, Don’t Tell

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Don’t Ask, Don’t Tell ruling has gay service members wondering “what’s next?” Tully Rinckey Managing Partner, Greg T. Rinckey, explains what this means for service members.

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WGY Logo

Judge Shoots Down “Don’t Ask, Don’t Tell”; Gays Seek Legal Options

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A federal judge has ruled the military’s “don’t ask, don’t tell” policy is unconstitutional, and one local law firm that specializes in military matters says former service members are already exploring their legal options. Greg Rinckey, with the Albany-based Tully …

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newsweek

DADT Ruling Could Spur Senate to Act

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Gay-rights advocates pleased, but wary of what the government might do next Now that a federal judge in California has ruled “don’t ask, don’t tell” is unconstitutional and violates the First and Fifth Amendment rights of gays of lesbians, gay-rights …

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gi bill

What Post-9/11 Tuition and Housing Rate Changes Mean to You

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Last week, the Department of Veterans Affairs (VA) announced changes to Post-9/11 GI Bill tuition payments as well as housing allowance rates. Many Post-9/11 GI Bill recipients will likely welcome the new rates, as a number of them will see …

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cnn_logo

Leak Suspect Had Been Disciplined at Least Twice Before Arrest

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The leading suspect in the leaking of thousands of military documents to WikiLeaks had been disciplined at least twice in the previous three years but maintained his security clearance. Pfc. Bradley Manning already was facing military charges for allegedly leaking …

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G.I. Bill Affords Law Partner with Life-Changing Experience

by Greg T. Rinckey, Esq. | Posted in Press Releases | Tagged ,

In what turned out to be an eye-opening experience about fierce international competition, Managing Partner Greg T. Rinckey has returned from ten day trip to Beijing, China where among other things, he toured the factory that makes products for clothing …

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mspb

Tully Rinckey Gets Vietnam Vet an Increase in Benefits

by Michael W. Macomber, Esq. | Posted in Blog | Tagged ,

By Michael W. Macomber A disabled Vietnam Veteran will now receive an increase in benefits as a result of a ruling by the Merit Systems Protections Board. The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive …

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Military.com

Booted Gays Consider Service after DADT

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Former Air Force Maj. Mike Almy was deployed to Iraq in early 2003 when he sent what he thought was an innocuous note to his partner back home using military e-mail. Months later, his chain of command deemed the content …

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Federal Times Logo

MSPB Rules Favorably on Combat Benefits

by Michael W. Macomber, Esq. | Posted in News | Tagged ,

A new ruling from the Merit Systems Protection Board will make it easier for federal employees who suffered combat-related injuries to receive more disability compensation. The law firm Tully Rinckey said July 21 that William Barth wanted to receive Combat …

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Military.com

USERRA Case Heads for Supreme Court

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

It’s the nation’s promise to those who serve in the reserves and National Guard: In return for deploying overseas to serve their country, the companies they left behind will have the same jobs available when they get back. And, oh …

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imperial_valley_news

Lawmakers Call for VA Office of General Counsel to Better Serve Veterans

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Chairman Harry Mitchell (D-AZ) conducted a hearing to evaluate the Office of General Counsel (OGC) at the Department of Veterans Affairs (VA). Today’s hearing marks the first Congressional oversight hearing on the OGC in more than three decades. The mission …

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Albany Attorney to Make National Impact Before Congress

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Tully Rinckey PLLC Founding partner, Mathew B. Tully will appear before the Subcommittee on Oversight and Investigations of the House Committee on Veterans’ Affairs. He has been invited by the Subcommittee to provide comment on the Veterans’ Affairs Office of …

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washington_times

Returning Troops Face New Fight for Jobs

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

As the Iraq and Afghanistan wars persist, some employers are becoming increasingly resistant to rehire service members who return from active duty as federal law requires, some legal analysts say. Washington lawyer Mathew Tully, who specializes in these cases, said …

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Distinguished Attorney & Iraq War Veteran, Mathew B.Tully, to Testify Before Congress

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

Tully Rinckey PLLC Founding Partner, Mathew B. Tully, will appear before the Subcommittee on Oversight and Investigations of the House Committee on Veterans’ Affairs this Wednesday, June 30th. His testimony will center on his insight into the current state of …

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Skeptics Say Child Custody Policy for Deployed Parents has no Legal Legs

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

“Jane” can cope with missing her son’s birthday and his first day of school while she’s deployed to Afghanistan. What keeps the divorced servicemember up nights in dangerous Helmand province is the prospect of calling home one day to discover …

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Daily News

MTA Layoffs: Bus drivers fighting in Iraq War get rude ‘Welcome Home’

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Two city bus drivers who were sent to war in Iraq and Afghanistan are getting pink slips instead of yellow ribbons. Sgts. Alvin Taylor and Andy (Angel) Moreno, bus drivers called up to serve overseas, are set to lose their …

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StarsStripes_logo

Complaints, Suits on Rise

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Federal law requires employers to rehire their workers in the National Guard or reserves who are called to active duty. But since the economy went sour two years ago, the numbers of complaints and lawsuits filed against employers for violations …

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WBZZ

WBZZ’s “Ask the Lawyer” – Mathew Tully

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Partner, Mathew B. Tully, appears in studio on WBZZ’s weekly “Ask the Lawyer” segment.

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WGNA’s “Ask the Lawyer” – Mathew Tully

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Partner, Mathew B. Tully, appears in studio on WGNA’s weekly “Ask the Lawyer” segment.

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WBZZ

WBZZ’s “Ask the Lawyer” – Greg Rinckey

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WBZZ’s weekly “Ask the Lawyer” segment.

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WGNA’s “Ask the Lawyer” – Greg Rinckey

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WGNA’s weekly “Ask the Lawyer” segment.

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fox23news

Reaction to Possible Repeal of ‘Don’t Ask, Don’t Tell’

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

For the first time, a sitting chairman of the joint chiefs of staff says allowing gays to openly serve in the military would be the right thing to do. Some we found in Albany agree that the time has come. …

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USERRA Rights Attorney - Washington DC

USERRA Rights: Veterans Entitled To More Than “Thank You”

by Steven L. Herrick, Esq. | Posted in Articles | Tagged ,

One of the rights granted by the Uniformed Services Employment and Reemployment Right Act (USERRA) to veterans who leave their civilian jobs to serve in the military is the right to be reemployed upon the conclusion of military service. Unlike …

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WBZZ

WBZZ’s “Ask the Lawyer” – Greg Rinckey

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WBZZ’s weekly “Ask the Lawyer” segment.

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WGNA’s “Ask the Lawyer” – Greg Rinckey

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WGNA’s weekly “Ask the Lawyer” segment.

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Fedsmith

Federal Circuit Says HHS Denied Veteran Preference Rights

by Mathew B. Tully, Esq. | Posted in Articles | Tagged

The U.S. Court of Appeals for the Federal Circuit, in Marshall v. HHS, Fed. Cir., No. 2009-3086, ruled that an applicant for a position at the Centers for Disease Control (CDC) who was passed over in violation of his veterans’ …

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WGNA’s “Ask the Lawyer” – Mathew Tully

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Founding Partner Mathew B. Tully appears in studio on WGNA’s weekly “Ask the Lawyer” segment.

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Fedsmith

National Security and the Commissary Cashier

by Mathew B. Tully, Esq. | Posted in Articles | Tagged

In Crumpler v. Department of Defense, DC-0752-09-0033-I-1 (11/2/09), the U.S. Merit Systems Protection Board (MSPB), reopened the case on its own motion to evaluate whether the Supreme Court’s decision in Department of the Navy v. Egan, 484 U.S. 518, 530-31 …

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Albany Times Union

Lawyer Offers Advice to Soldiers, Veterans

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

On this Veterans Day, attorney Mathew Tully, who survived the Sept. 11, 2001 terrorist attack at the World Trade Center and later served in Iraq, advises that vets and military members should know their rights, especially in the area of …

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WGNA’s “Ask the Lawyer” – Mathew Tully

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Founding Partner Mathew B. Tully appears in studio on WGNA’s weekly “Ask the Lawyer” segment.

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WBZZ

Mathew Tully on WBZZ

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Founding Partner Mathew B. Tully appears in studio on Mark Vanness in the Morning on Buzz 105.7.

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SHRM

Companies Help Veterans Adapt to Civilian Workplace

by Mathew B. Tully, Esq. | Posted in News | Tagged , ,

“In my first six months here,” recalled John Krouse, “I kept thinking, ‘What’s the structure? There’s no uniforms.’ ” In January 2009, after 24 years in the Navy, Krouse was beginning a new career at Intellicheck Mobilisa, a developer of …

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Washington Business Journal

Veterans are Entitled to More Than Just “Thank You”

by Steven L. Herrick, Esq. | Posted in News | Tagged

The current wars have placed unanticipated burdens on the country’s National Guard and Reserve. Most Americans are no doubt thankful for their service. Sadly, though, many service members returning from war are coming home to find their jobs are not …

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Crain's New York Business

Unhappy Homecoming

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Leaving a good job at J.P. Morgan to go sailing in the Persian Gulf was not part of James Townsend’s career plan, but the Navy Reserve had its own ideas. Mr. Townsend, a technology director and senior manager in corporate …

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StarsStripes_logo

Custody Battles Can Become a Rude ‘Welcome Home’ for Military Parents

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

When Staff Sgt. Jessica Tolbe returned from Iraq in February, she looked forward to catching up on lost time with her sons. But when she went to pick them up from her ex-husband, she was blocked from seeing them by …

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Government_Executive

OPM Urges Agencies to Review Age Limits for New Hires

by Steven L. Herrick, Esq. | Posted in News | Tagged ,

The Office of Personnel Management has directed federal agencies to review age limits for job vacancies, after the Merit Systems Protection Board ruled such policies for new hires could violate the preferential rights of veterans. In a memo released on …

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Reserve Officers Association

You Must Apply for Reemployment

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Sergeant Major (SGM) Richard Erickson, ARNG, won an important partial victory in this recent case decided by the United States Court of Appeals for the Federal Circuit. He might well have won a complete victory if he had applied for …

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APP

From Labor Force to Fighting Force

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Jeff Cantor, a lieutenant colonel in the Army Reserve, left for the war in Afghanistan last week and made the transition from pharmaceutical sales representative to soldier. The prospect of leaving his wife and two daughters was painful. But his …

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Greenville Online

Air Force Reserve Opts Not to Discipline Mark Sanford Over Marital Affair

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The U.S. Air Force Reserve considered disciplinary measures against Gov. Mark Sanford over his extramarital affair but has decided to take no action, his command office told The Greenville News. Sanford serves as a captain in the Air Force Reserve. …

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Fedsmith

Discharge for “Excessive” Military Service Absences Violated USERRA

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

The Merit Systems Protection Board erred in rejecting an employee’s claim that the Postal Service violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it terminated him due to his “excessive” use of military leave, ruled …

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Army Times

Sergeant Major Wins Round in USERRA Fight

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

An Army National Guard sergeant major who says he was fired from his job as a postal worker because of his military service has won a battle in federal court. In a July 15 decision, the U.S. Court of Appeals …

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Talk 1300

Mathew Tully on Talk 1300

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Mathew B. Tully appears on Talk 1300 with the Albany Chamber of Commerce President Mark Eagan to discuss this year’s annual golf tournament.

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Dallas Morning News

Soldier suing after being stripped of Subway restaurant franchises

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

While serving in Afghanistan with the U.S. Army Reserve, Leon Batie Jr. dodged roadside bombs and scrambled to safety when rockets pierced the night sky. When he returned to Dallas in early 2006, another battle loomed. As Batie was returning …

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The Huffington Post

Veteran Stigma: “What Does My Country Think of Me?”

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

As if to pour salt on the physical and psychological wounds of millions of America’s veterans, a recent trend has emerged in both public pronouncements and privately held attitudes that suggests that veterans returning from the ‘long wars’ in Iraq …

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Mathew Tully on WGNA Radio

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Founding Partner Mathew B. Tully discusses power of attorney, divorcing an absent spouse, and special rules for military members called to serve on WGNA’s Sean & Richie Show.

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Buffalo News

Military Service Strains Reservists, Their Employers Answering the Call

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Russell Hogan enlisted in the Air Force Reserve as a high school senior in 1988. Four years later he went to work for United Parcel Service. Eleven years after that, the United States invaded Iraq. Hogan and hundreds of thousands …

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Washington Post

The Fight To Fit Back In

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Craig Lewis had been gone so long that when he walked into the front office of Fluvanna County High School, the secretary gave him a quizzical look. “Can I help you?” she asked. She studied him with a blank expression …

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Albany Times Union

Military Ballot Process at Issue Schumer Holds Hearing on Expanding Service Members’ Voting Options

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Mathew Tully, a major in the Army National Guard, was unable to vote in the presidential election last fall for the first time since he turned 18. He was on military duty in Washington, D.C., and the Schenectady County Board …

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officer.com

Manpower and Military Employments

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A 12-year veteran of police work, Carole Moore has served in patrol, forensics, crime prevention and criminal investigations, and has extensive training in many law enforcement-related disciplines. She welcomes comments and column suggestions at carolemoore_biz@yahoo.com. Some departments find employing reservists …

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Albany Times Union

When the Battle Doesn’t End

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Modeled after diversion programs, veterans courts help defendants in nonviolent crimes avoid prison Brian Peck went from decorated soldier to disabled veteran to criminal defendant. As a New York Army National Guard specialist, he saw intense combat and wartime tragedy, …

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Albany Times Union

Community to Welcome Marine Reservists Back From Iraq

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A veteran has launched a military operation of sorts in the Capital Region — a welcome-home celebration for Marine reservists returning from the Iraq war. For the past month, Jim Friello of Niskayuna, a Marine veteran, has spearheaded plans for …

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Conn Law Tribune

Court Rules for Reservist Who Was Denied His Old Job

by Mathew B. Tully, Esq. | Posted in News | Tagged

When Air Force Sgt. Michael Serricchio returned from the Middle East, he was dismayed when his employer would not give him his old financial advisor’s job back, and instead offered a less lucrative position. So Serrichio sued under a federal …

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Business Insurance

Military Veteran Wins Damages, Reinstatement

by Mathew B. Tully, Esq. | Posted in News | Tagged

A federal judge has awarded about $779,000 in back pay, damages and attorney fees to a financial adviser who was not restored to his previous pay at Wachovia Services L.L.C. after returning from active military duty. In a ruling last …

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New York Times

Former Reservist Wins $1 Million From Employer

by Mathew B. Tully, Esq. | Posted in News | Tagged

In a case centering on a little-frequented corner of the employment rights of troops returning to civilian life, a federal judge has ruled that Wells Fargo must reinstate a former reservist to his job as a financial adviser and pay …

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The Advocate

Wachovia Ordered to Pay $1M for Demoting Stamford Reservist

by Mathew B. Tully, Esq. | Posted in News | Tagged

An Air Force reservist deployed after Sept. 11, 2001, is entitled to more than $1 million after Wachovia Securities violated federal law when it belatedly offered him a reduced version of his former job, a federal judge ruled late Thursday. …

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Albany Times Union

Healing the Wounds of War

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Schumer bill would ease eligibility for post-traumatic stress disorder treatment Federal legislation introduced Wednesday aims to make it easier for service members and veterans diagnosed with post-traumatic stress disorder to get treatment. Presently, any veteran who suffers PTSD through “combat …

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Military.com

Officer Calls Obama ‘Usurper,’ ‘Imposter’ President

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Using words such as “imposter” and “usurper,” an active-duty Army officer in Iraq has joined a California lawyer’s lawsuit intended to force President Barack Obama to prove he is a legal U.S. citizen, and therefore able to legally serve as …

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channel_13_logo

Local Attorney Questions Gitmo Trial Delay

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The Associated Press is reporting Obama would like to close the detention center at Guantanamo Bay in Cuba within a year. In the meantime he’s putting a stop to any of the trials going on there. Lawyer Greg Rinckey of …

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Navy Times

Sailor: Tea, Not Drugs, Made Me Pop Positive

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

They weren’t really doing lines of cocaine — they were just drinking some herbal tea. That’s what Air Traffic Controllers 2nd Class Javier Trevino and Sean Lee claimed after both popped positive for cocaine during random drug tests last summer. …

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Albany Times Union

Local Lawyer Cleared for Guantanamo Work

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Attorney Greg Rinckey, a former JAG officer, is among a small group of lawyers who have been approved to serve as civilian defense counsel to detainees at Guantanamo Bay. The recognition by the Department of Defense — only about 20 …

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Greg Rinckey on WGY Radio

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Retired JAG officer and military defense attorney Greg T. Rinckey is one of a small group of lawyers chosen to represent detainees of Guantanamo Bay.

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Florida Times Union

Herbal Tea Jeopardizes Sailor’s Future

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Air-traffic controller fails drug test, convicted in court-martial Navy Petty Officer 2nd Class Javier Trevino blames herbal tea for his court-martial conviction. There’s nothing like a nice cup of tea to relax, Navy Petty Officer 2nd Class Javier Trevino used …

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Albany Times Union

Another Tearful War Farewell

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Military calls former Albany man for third tour of duty in five years War again came for Staff Sgt. Brendan Kearns on Thursday, and for the third time in just more than five years, he and his family responded. Kearns, …

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Capital News Channel 9

Greg Rinckey Reacts to Acquittal of National Guardsman

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Military Attorney Greg T. Rinckey reacts to acquittal of National Guardsman in court martial murder trial.

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Washington Post

Fighting War and for Custody

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Army Sgt. Stephanie Greer was serving with a vehicle-maintenance unit in the volatile Iraqi city of Ramadi, part of President Bush’s “surge” strategy to stabilize the country, when she learned of a far-off and most unexpected battle: Her estranged husband …

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Army Times

Analysts: ‘Fragging’ Verdict Shows System Works

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A soldier’s exoneration in the bombing deaths of two superiors in Iraq shows military juries are not just “rubber stamps” for commanders and can be independent thinkers, legal analysts said Friday. A Fort Bragg jury on Thursday found New York …

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The Lower Hudson Journal

Widows of Fragging Victims Said They Had Refused to Consider a Plea Deal

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The widows of two Army officers slain in Iraq three years ago said they had refused to consider a plea deal for the soldier accused of killing their husbands because they wanted the truth to come out. That man, Staff …

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channel_13_logo

Analysists: ‘Fragging’ Verdict Shows System Works

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Legal experts say a military jury’s acquittal of a New York Army National Guard sergeant accused of killing superiors shows the military justice system works. A Fort Bragg jury acquitted Staff Sgt. Alberto Martinez on Thursday of two counts of …

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The Lower Hudson Journal

Families Wonder if Slain Soldiers Would Have Lived if Threats Had Been Reported

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

As the jury deliberates whether Staff Sgt. Alberto Martinez is guilty of murdering two superior officers in Iraq, their families wonder if their loved ones would have lived if alert soldiers had voiced their misgivings about the accused. Witness after …

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fox23news

Martinez Not Guilty

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

It’s one of the first fragging cases of the Iraq War. Staff Sgt. Alberto Martinez of Troy, and member of the 42nd Infantry Division, stood trial for the murder of two Superiors: Captain Phillip Espisito of Suffern and Lt. Louis …

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Capital News Channel 9

Greg Rinckey Reacts to Acquittal of National Guardsman

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Military Attorney Greg T. Rinckey reacts to acquittal of National Guardsman in court martial murder trial.

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Capital News Channel 9

Closing Arguments in Martinez Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The prosecuting attorney arguing the case in the trial of Staff Sergeant Alberto Martinez says witness testimony proves the soldier’s guilt. The Troy-area soldier is accused of killing his two superior officers in Iraq by detonating a mine in their …

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Greg Rinckey on WGY Radio

by Greg T. Rinckey, Esq. | Posted in Audio, News | Tagged ,

Greg T. Rinckey discusses USERRA and veteran employment rights with Al Roney of WGY on Veterans’ Day.

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Bradenton Herald

Area Veteran Suing Car Dealer

by Mathew B. Tully, Esq. | Posted in News | Tagged

A Sarasota man is suing an area car dealer, claiming it violated his employment rights as a veteran employee. Army Sgt. Andrew Mobley, 30, says Gettel Automotive Group, with dealerships in Bradenton and Sarasota, discriminated against him and fired him …

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The Daily Gazette

Officer Widows Testify in Murder Trial of First Soldier in Iraq Accused of Killing Superiors

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The widows of two military officers killed by an anti-personnel mine in their quarters in Iraq testified briefly Thursday in the court-martial of the New York National Guard soldier charged in their deaths. Staff Sgt. Alberto B. Martinez, 41, of …

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The Lower Hudson Journal

Court-martial Begins in Suffern Army Captain’s Slaying

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Staff Sgt. Alberto Martinez was conducting a “personal war within a war” when he planned and executed the murders of his two superior officers in Iraq in 2005, the prosecution said in opening statements in Martinez’s death penalty court-martial. Capt. …

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USAtoday

Fort Bragg Trial to Start in ‘Fragging’ Case

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The court martial of the first soldier accused of killing a direct superior in Iraq — known as “fragging” during the Vietnam War — opens Wednesday, three years after a suspicious blast tore through the living quarters of two National …

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Albany Times Union

Sergeant’s Trial Starts Tuesday

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

National Guardsman Alberto Martinez could face death penalty if convicted in killing of 2 officers The next U.S president could decide the fate of Staff Sgt. Alberto Martinez of Schaghticoke. The 40-year-old National Guardsman from Rensselaer County will go on …

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Murder Trial of Iraq “Fragging” Incident Begins on Tuesday in Fort Bragg

by Greg T. Rinckey, Esq. | Posted in Press Releases | Tagged ,

Murder Trial of Iraq “Fragging” Incident Begins on Tuesday in Fort Bragg What: The murder trial of the National Guardsman accused of what the military is calling the sole “fragging” incident in Iraq is scheduled to begin Tuesday, October 7 …

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Human Resources Executive Online

Conflict Overseas, Conflict at Work

by Mathew B. Tully, Esq. | Posted in News | Tagged

The motto “one weekend a month, two weeks a year” used to be a powerful marketing tool for the U.S. Army National Guard, but Sept. 11, 2001 changed all that. As of January 2008, the total number of National Guard …

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Injured Veteran Experiences Discrimination While Working on Army Base

by Tully Rinckey PLLC | Posted in Press Releases | Tagged

Injured Veteran Experiences Discrimination While Working on Army Base – Major Boston Real Estate Company Sued for Violating Rights of Veteran Employee July 23, 2008 – Fort Drum, NY – A Boston-based real estate company is being accused of egregiously …

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Government_Executive

Ruling Expands Veterans’ Access to Federal Jobs

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A recent decision from the Merit Systems Protection Board could open hundreds of law enforcement and other jobs to veterans who previously bumped up against age restrictions during the application process. MSPB ruled on July 2 that the State Department …

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US State Department Discriminates Against Yet Another Military Veteran

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

US State Department Discriminates Against Yet Another Military Veteran July 11, 2008 – Washington, DC – For the third time in about a year, the elite and secretive United States Department of State Bureau of Diplomatic Security lost a legal …

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Albany Attorney Takes on the Federal Government and Wins Again

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

Albany Attorney Takes on the Federal Government and Wins Again July 11, 2008 – Albany, NY – A landmark decision against the United States Department of State and the United States Office of Personnel Management was recently won. Well-known area …

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Landmark Case Helps Millions of Veterans Get Federal Jobs

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

Landmark Case Helps Millions of Veterans Get Federal Jobs July 11, 2008 – Washington, DC – A landmark case was recently won against the US Department of State and the United States Office of Personnel Management. The decision by the …

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NPR

Independence Day Show: The Laws of War

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

In honor of the July 4th holiday, we thought it would be appropriate to do a show discussing the laws surrounding war. The way war is fought today is very different than how it was fought during the American Revolution, …

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Albany Times Union

A Rocky Start for Veterans Project

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Vietnam returnees say part of “early intervention” message demeaning A Saratoga County project that would anticipate legal difficulties of troubled returning military members started badly after some veterans questioned its function and called part of its message demeaning. Other veterans, …

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Marianas_Variety

Letter to the Editor: Incorrect

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

I recently read an article incorrectly titled “Employers Could Be Indicted for Servicemen Discrimination.” An employer will never be indicted for violating the Uniformed Services Employment and Reemployment Rights Act, or USERRA. In order to be indicted, a formal accusation …

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The Daily Gazette

Letter About Vets Draws Apology

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Saratoga County’s top defender and prosecutor are working on a project aimed at helping returning war veterans, but a message about the effort has offended some people in the community. Public Defender John Ciulla and District Attorney James Murphy III …

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Berksire_Eagle

Veterans Fighting for Their Jobs Can Get Lost in Paperwork

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Robert Traut works on Alaska’s Kodiak Island, known for big bears and a remoteness that can be reached only by airplane or ferry from his home and family 300 miles away. And that’s a positive development. Traut has the frustrating …

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Wal-Mart Sued After Store Refuses to Honor Employment Rights of Air Force Veteran

by Tully Rinckey PLLC | Posted in Press Releases | Tagged

Wal-Mart Sued After Store Refuses to Honor Employment Rights of Air Force Veteran What: The Department of Justice has sued Wal-Mart Stores Inc. on behalf of a former airman, claiming the company didn’t give him his job back after he …

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NPR

Soldier Loses Custody of Child After Iraq Tour

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Advocates for military families say a growing number of soldiers are losing custody of their children, not because they’re bad parents but because they’ve been deployed overseas to Iraq and Afghanistan. A bill signed by President Bush last month strengthens …

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House Committee on Veterans’ Affairs Holds Hearing on Veterans’ Rights Issues

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

House Committee on Veterans’ Affairs Holds Hearing on Veterans’ Rights Issues - Well-Known Litigation Attorney to Provide Testimony February 7, 2008 – Washington, DC – A February 13 hearing has been scheduled by the House Committee on Veterans’ Affairs to …

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Inside_Counsel

Returning Troops Still Face USERRA Violations

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

As a federal correctional officer for the DOJ in Washington, D.C., Mathew Tully took pride in protecting the public from convicted felons. But in October 1995—only two months into his job—Tully, a member of the National Guard, was called to …

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Defense Bill Recognizes Custodial Rights of Military Parents

by Greg T. Rinckey, Esq. | Posted in Press Releases | Tagged ,

Defense Bill Recognizes Custodial Rights of Military Parents January 31, 2008 – Washington, DC – A bill signed into effect this week by President Bush provides protection for child custody arrangements of deployed military parents. Its implementation reaffirms the rights …

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Albany Times Union

Her Toughest Battle

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tanya Towne says she lost everything in Iraq, starting with physical custody of her first child. Before Towne’s 2004 deployment, a Montgomery County Family Court judge gave her son, Derrell Diffin, to her first husband because she was being sent …

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Capital News Channel 9

Soldier Returns Home to Custody Battle

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Tanya Towne couldn’t wait to finish her mission in Iraq to return to her mission back home as mom to two young sons. While she was deployed, her youngest lived with his father, Towne’s husband at the time. Custody of …

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NYSBA

Lawyers Volunteer to Help Military Families Cope

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

As it has after every military action since the Gulf War, the Association’s Lawyer Referral and Information Service is deploying to help military families untangle the legal maze that can be their personal affairs, upon the return stateside of their …

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FederalDaily

Court Decision May Imperil Servicemembers’ Custody Rights

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

A Jan. 3 ruling by the Appellate Division of the New York State Supreme Court in a child custody case could have a wide-ranging impact, undermining the rights of parents enlisted in the reserves. In the case, Diffin v. Towne, …

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The Leader-Herald

Local Mother Who Served in Iraq Says She Will Fight for Custody of Her Son

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

An Iraq war veteran said Monday she will continue to fight for her son after losing an appeal for his custody last week. The Appellate Division of the state Supreme Court ruled against Canajoharie resident Tanya Towne in her appeal …

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Court Decision Strips Iraq Veteran of Child Custody

by Greg T. Rinckey, Esq. | Posted in Press Releases | Tagged ,

Court Decision Strips Iraq Veteran of Child Custody January 4, 2008 – Albany, NY – On January 3, the Appellate Division of the New York State Supreme Court issued a decision which will have a serious and immediate impact on …

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Albany Times Union

Iraq Vet Has Full Supply of Grit

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

In 2004, the Army Reserve captain left her executive assistant job at the hotel and conference center to volunteer for overseas duty as a supply route coordinator. Now, three years later, she has returned home to Latham to replace her …

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Government_Executive

Union, Law Firm Partner to Pursue Reservists’ Benefit Claims

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The American Federation of Government Employees has teamed up with a New York law firm to help federal employee reservists collect thousands of dollars in back pay. The union and Tully, Rinckey & Associates will co-represent about 10,000 AFGE members …

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FederalDaily

AFGE Partners With Law Firm on Butterbaugh Claims

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The American Federation of Government Employees (AFGE) has partnered with a New York law firm to collect compensation for thousands of government-employed military reservists who were improperly charged for taking military leave. Tully, Rinckey & Associates, of Albany, N.Y., will …

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Government_Executive

Union, Law Firm Partner to Pursue Reservists’ Benefit Claims

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The American Federation of Government Employees has teamed up with a New York law firm to help federal employee reservists collect thousands of dollars in back pay. The union and Tully, Rinckey & Associates will co-represent about 10,000 AFGE members …

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Army Times

Agencies Split Watch Over Reservist Job Rights

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

As more federally employed reservists return to their jobs from military duty in Iraq and Afghanistan, there are sure to be more grievances over missed promotions, firings, layoffs and reassignments. And for at least another year, there will not be …

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MSPB Protects Veterans’ Employment Rights

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

MSPB Protects Veterans’ Employment Rights September 11, 2007 – Albany, NY –The Merit Systems Protection Board recently issued a decision which forced the Department of State to reconstruct their hiring selection process and waive the maximum entry age requirement for …

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Washington Post

Court Says When in Doubt, Give Veterans the Benefit

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

When in doubt, tilt toward the veteran. That’s what the U.S. Court of Appeals for the Federal Circuit has suggested to government agencies in two cases involving federal employees who had served in the military reserves and petitioned for back …

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FederalDaily

Court Opens Door to Pre-USERRA Compensation Claims

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The U.S. Court of Appeals for the Federal Circuit last week handed down a decision that may mean money for hundreds of thousands of current and former military reservists who served between 1980 and 2000. In the case—Hernandez v. Department …

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Federal News Radio 1500 AM

Daily Debrief on Federal News Radio AM 1500

by Mathew B. Tully, Esq. | Posted in Audio, News | Tagged ,

Tully Rinckey Partner Mathew B. Tully appears on Federal News Radio to discuss Hernandez v. Department of Justice victory.

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Government_Executive

Reserve Returns

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

If you are an active or retired federal employee who took military leave for reserve activities, you may be entitled to annual leave or thousands of dollars in back pay. In a major decision issued Tuesday, the U.S. Court of …

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Decision May Cost Government $1 Billion

by Mathew B. Tully, Esq. | Posted in Press Releases | Tagged ,

Decision May Cost Government $1 Billion August 29, 2007 – Albany, New York – On August 27, the Court of Appeals for the Federal Circuit issued a major decision which will impact hundreds of thousands of current, former, and retired …

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Military.com

Reservist Leave Ruling Favors Civil Servants

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

An estimated 100,000 to 300,000 current and former reservists employed as federal government civilians may be able to recoup money for leave days that were improperly charged to them dating back to 1980. The Federal Circuit Court of Appeals ruled …

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Fedsmith

The Billion Dollar Case for Federal Employees

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

Our article yesterday summarizing a new court decision on back pay for some federal employees who used military leave for military reserve duties (See “Back Pay for Some Military Reservists Going Back to 1980?”) drew a response from a number …

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The Record

Five Questions – Greg Rinckey

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

Greg T. Rinckey, 33, is a lawyer from Delmar who works with the firm Tully, Rinckey & Associates. He served with the U.S. Army’s Judge Advocate General Corps until 2004. He is speaking out against the possibility he may be …

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fox23news

JAG Lawyer Wants Army to Leave Him Alone

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

One Albany attorney says he thought his days as a JAG lawyer were behind him. Now, there’s word that the United States Army could be calling him and thousands of others back to duty. Greg Rinckey works in his Albany …

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Military.com

Before Calling an Attorney, Discuss USERRA Violations With Employer

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

I work for a company that employs 23 people. I was deployed for 18 months. I feel my employer has violated USERRA. Should I hire a local attorney? I don’t recommend hiring an attorney except in cases of the most …

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Washington DC Military Lawyer

Put Affairs in Order Before You Deploy

by Mathew B. Tully, Esq. | Posted in Articles | Tagged ,

So you’ve received the call to deploy. You have many tasks to complete before you leave— including a number of personal legal affairs. While you should have the opportunity to see a JAG officer as part of your pre-deployment readiness …

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logo_militarytimes

USERRA Offers Invaluable Protection for Reservists

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

With the deployment of hundreds of thousands of National Guard and reserve members in the past few years — and with more than 81,000 mobilized today — the Uniformed Services Employment and Reemployment Rights Act is a very important issue …

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Daily Star

Seward Shows Support for Vets

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

I am writing as a service-connected disabled veteran of the Iraqi war to thank Sen. James Seward for his support of veterans’ issues in the New York State Legislature. Seeing that we just celebrated Memorial Day, I would point out …

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Bureau of National Affairs

MSPB Has Jurisdiction Over Claim Alleging USPS Improperly Charged Leave, Board Says

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A U.S. Postal Service employee and National Guard member who alleged that USPS improperly charged him military leave for non-workdays during periods of service beginning in January 1980 can file a claim under the Uniformed Services Employment and Reemployment Rights …

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Army Times

Postal Service Reservists Eligible for Back Pay

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

As many as 100,000 military reservists who worked at the U.S. Postal Service between 1980 and 2000 could be eligible for thousands of dollars in compensation because they were improperly charged for their military leave, under a new ruling. The …

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Newsday_logo

Law Offers Protection

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Victor Mederos of Shirley worked as a driver for the same trucking company for 20 years before he went to Iraq. When he returned, Quality King Trucking allowed him to go to regular counseling sessions. But eight months after he …

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Federal Times Logo

Vet Rights Strengthened in Fed Job Disputes

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A federal appeals court ruling could make it easier for federal employees to pursue cases against the government alleging job discrimination based on their military service. Any veteran who requests a hearing from the Merit Systems Protection Board has a …

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Federal Times Logo

Vets Winning Job Suits: New Rulings Empower Vets Seeking Jobs, Promotions

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

William Jolley wouldn’t strike most as the rebellious type: Ten years enlisted in the Air Force in the 1950s, then a long career in federal civil service culminating with his current job as a GS-15 overseeing policy and programs at …

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Government_Executive

Court Orders Hearings for Veterans on Employment Complaints

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A recent federal appeals court ruling held that veterans who allege discrimination in government employment because of their military service are legally entitled to a hearing. In Kirkendall v. Department of the Army, the Federal Circuit Court of Appeals ruled …

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USAtoday

Reserve Troops’ Job Woes Increase

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The annual number of reservists and National Guard members who say they have been reassigned, lost benefits or been fired from civilian jobs after returning from duty has increased by about 30% since 2002. The sharp spike in complaints brought …

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Daily Star

VA Data Breach Widens

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Area veterans, active-duty military, National Guard and Reserve members may be at risk for identity theft, Veterans Affairs Secretary Jim Nicholson announced in a media release Tuesday. About 2.2 million personnel may be at risk because they were among the …

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Washington Post

Ruling Allows Reservists to Petition for Back Pay

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The “Butterbaugh” saga continues. A federal board has ruled that a new cohort of National Guard and military reservists may petition for back pay because of improperly charged military leave. A recent ruling by the Merit Systems Protection Board, an …

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Government_Executive

Federal Employee Reservists Eligible for Back Pay Dating to 1980

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Federal employees who served in the military reserves may now be eligible to be compensated for wrongly charged military leave dating as far back as 1980, because of a recent ruling from the Merit Systems Protection Board. Government workers are …

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StarsStripes_logo

Attorneys Urging Reservists to File Back-pay Claims

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Although efforts by a federal reservist to collect back pay from his civilian agency for time spent in uniform have hit a snag, the 100,000 federal reservists eligible for compensation under a previous court ruling should “file now and don’t …

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Daily Freeman

New Paltz Soldier Demoted for Writings

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

A local veteran of the Iraq War has been fined and demoted by the U.S. Army for posting writings about his military experience on his personal Web log. Jason C. Hartley, 32, of New Paltz, says he was on the …

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Government_Executive

Ruling on Back Pay for Federally Employed Reservists Faces Challenge

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

The Agriculture Department has decided to appeal a court ruling that could make federal employees who served in the military reserves eligible to receive compensation for wrongly charged leave as far back as the 1980s. Administrative Judge Philip Reed of …

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StarsStripes_logo

Some Reservists to Get Back Pay

by Mathew B. Tully, Esq. | Posted in News | Tagged ,

Reservists who worked for the federal government between 1980 and 2000 could have thousands of dollars coming to them, thanks to a court decision that awards back pay for weekends and vacations spent working for the Pentagon. The Nov. 18 …

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Reservist Compensated for Improperly Charged Leave

by Greg T. Rinckey, Esq. | Posted in News | Tagged ,

The Merit Systems Protection Board (MSPB) made a landmark ruling in that as many as 100,000 current and former federal employees, who served in the military reserves from 1994 through 2000, are entitled to receive compensation for which they were …

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