PRACTICE AREAS

All branches of the military are under substantial congressional pressure to prosecute allegations of sexual assault. Accusations of Rape, Sexual Assault, Aggravated Sexual Contact, and Abusive Sexual Contact often go to trial based solely on the statement of the accuser. Many of the accusers have good reasons to lie – that they were married, cheating on a boyfriend, or caught drinking underage or violating their trainee restrictions. In many cases, only a talented litigator stands between an accused servicemember and being sentenced to a Dishonorable Discharge, years of confinement, and registration as a sex offender upon release from jail.

Mr. Rittgers has served twice as a Special Victim Prosecutor and as unique knowledge on the strengths and weaknesses of these cases, and can help someone accused of these crimes during the investigation and court-martial phases of these cases.

On September 20, 2022, the Secretary of The Army published Army Directive 2022-13, requiring mandatory initiation of administrative separation for all Soldiers against whom there is a “substantiated” complaints of sexual harassment. Army Command Policy directs that all formal reports of sexual harassment will result in an investigation within 72 hours, with the intent that the investigation be completed within 14 days. Contrast this with the 30 days that investigating officers often have with other types of investigations, and combine it with the fact that investigating officers often have no legal training beyond a brief from their legal advisor. A rush to judgment and condemnation of the Soldier under investigation often results.

With this extraordinary tilting of the scales of justice against any Soldier under investigation for sexual harassment, Soldiers facing these allegations have every reason to get private counsel. Only an aggressive advocate willing to dig into the underlying facts can effectively counter these investigations, which often amount to a gathering of one-sided evidence without any serious scrutiny.

If you or a loved one has been accused of a sexual harassment in the military, you should speak to a defense counsel. The Rittgers Law Firm has experience in these cases and is ready to assess the facts of your case and, if necessary, take aggressive action to ensure that allegations are promptly countered.

The United States Military Academy at West Point has its own regulations. Cadets can be subjected to a Misconduct Investigation – an administrative action for misconduct involving alcohol use, sexual misconduct, or a number of other policy violations.

These proceedings can result in being separated from the Military Academy and even being forced to repay the cost of education, an expense exceeding $200,000.

As the first Special Victim Prosecutor at West Point, Mr. Rittgers is uniquely qualified to represent Cadets at a Misconduct Investigation. If you or a loved one is facing a Misconduct Investigation, you need aggressive counsel that will litigate the case with the passion required to carry the day.

Mr. Rittgers has supervised the investigation of or litigated over a dozen allegations of prohibited relationships between trainers and trainees. These cases occurred in settings that included Basic Training, Advanced Individual Training, and even at the United States Military Academy at West Point. Those suspected of these offenses face losing their Drill Sergeant credentials or parallel consequences as the investigation is underway, and are often left in limbo as these lengthy investigations proceed.

Mr. Rittgers has unique knowledge on the strengths and weaknesses of these cases, and can help someone accused of these crimes during the investigation, adverse administrative action, or even court-martial phases of these cases.

As a two-term Special Victim Prosecutor for the Army, Mr. Rittgers has seen hundreds of domestic violence accusations. Some had merit, some were close calls, and others were fabrications motivated by desires for child custody, child support, and alimony as marriages headed toward divorce.

If you or a loved one has been accused of a domestic violence offense in the military, you should speak to a defense counsel. Mr. Rittgers has experience in these cases and is ready to assess the facts of your case and, if necessary, take aggressive action to ensure that allegations are promptly countered.

Mr. Rittgers cut his teeth as a military justice litigator on complex fraud cases. In 2011 and 2012, Mr. Rittgers prosecuted multiple courts-martial involving a travel pay fraud ring with two dozen co-conspirators and resulting in the loss of about $750,000 in fraudulent Defense Travel System payments. 

Mr. Rittgers has litigated numerous cases involving allegations of fraud, from travel pay to housing pay. He is well-equipped to handle any allegation of financial misconduct.

Administrative Separation is the military’s process for firing a servicemember. It can be done with or without a hearing, depending on the severity of the discharge and the seniority of the servicemember in question.

Being administratively separated from the military can result in loss of GI Bill and VA health benefits. If you or a loved one is facing administrative separation, it is advised that you speak to a defense counsel. Mr. Rittgers has experience in these cases and is ready to take aggressive action to ensure that your education and VA benefits are preserved.

Nonjudicial punishment is called different things in different services (normally an Article 15 in the Army, reference to Article 15 of the Uniform Code of Military Justice that authorizes the punishment), but the consequences remain the same. A commander can punish a servicemember for misconduct to maintain good order and discipline quickly and with minimal due process.

The consequences of nonjudicial punishment range from loss of rank and pay to extra duty. But for noncommissioned officers, the record of nonjudicial punishment can follow a servicemember for the rest of their career and harm promotion prospects and possibly lead to an early departure from the service.

A General Officer Memorandum of Reprimand (GOMOR) is a formal reprimand signed by a General Officer. A GOMOR is normally a one-page document signed by a General Officer that gives the subject Soldier opportunity to respond with matters that will inform the General Officer whether the reprimand should be filed in the Soldier’s local or permanent (AMHRR or official) file. The Soldier normally has seven days to respond with matters that could include a personal statement, letters of recommendation or other rebuttal matters.

If filed locally, the reprimand will be destroyed after a specified amount of time or when the Soldier goes to their next duty station. In these cases, the GOMOR will have little or no effect on the Soldier’s career.

If filed permanently, the GOMOR can have serious effects on the Soldier’s promotion and retention prospects. Soldiers with a GOMOR in their permanent file are less likely to be promoted at centralized promotion boards and may be administratively separated when they are not promoted later in their career.

Mr. Rittgers can rapidly respond to a GOMOR and craft a response to protect your promotion and retention prospects.

Fort Gordon is a military reservation under the exclusive jurisdiction of the federal government, not the state of Georgia. DUI and other traffic citations on Fort Gordon are tried at the federal magistrate court in downtown Augusta.

When he retired from active duty at Fort Gordon, Mr. Rittgers was the senior attorney cross-sworn by the Department of Justice as a Special Assistant United States Attorney to handle traffic and civilian offenses on the post. He previously served as the head Special Assistant United States Attorney for Fort Carson, Colorado, supervising two JAG captains and a full-time paralegal with a significant docket. 

Mr. Rittgers has the expertise and the advocacy skills to handle any traffic citation you may receive on Fort Gordon.