What legal actions can be taken when facing a Navy Disciplinary Review Board?
Service members facing a Navy Disciplinary Review Board (DRB) can benefit from several key legal actions:
- Counsel: With legal counsel, develop a narrative acknowledging wrongdoing as isolated.
- Support: Engage supportive command members.
- Investigation: Conduct interviews regarding background and motivations.
- Prepare: Prepare extensively for the board appearance.
- Witnesses: Leverage testimony from respected senior enlisted leaders.
These strategic approaches can help navigate this critical juncture in military discipline, particularly for trainees whose careers hang in the balance. Unlike more formal proceedings, a DRB offers an opportunity to preserve career prospects while addressing misconduct, but it requires experienced legal representation to achieve outcomes that balance accountability with appropriate consequences.
Setting the Stage: The Call for Help
Before the local Navy Disciplinary Review Board delivered its final recommendation, Seaman Recruit Carlton Zabriskie spoke with our office, his usually confident demeanor replaced by a palpable anxiety. As a highly selected candidate for the Navy’s elite Explosive Ordnance Disposal (EOD) program, he had jeopardized years of preparation and a promising military career during one night of misguided choices. His story represents the vulnerability of young service members and the critical importance of experienced legal representation during military disciplinary proceedings.
A Night of Cascading Poor Decisions
What began as a seemingly routine weekend pass quickly spiraled into a series of increasingly serious violations. Seaman Recruit (SR) Zabriskie, only 20 years old and eager to experience nightlife while temporarily free from the rigorous structure of Navy training, made the fateful decision to use a fraudulent identification card to gain entry to local establishments.
After successfully entering two bars and consuming alcohol illegally, SR Zabriskie attempted to enter a third establishment, where his false identification raised suspicions. When the bouncer presented the fake ID to nearby civilian police officers, Zabriskie’s judgment, already compromised by alcohol, led him to make a critical error – he fled the scene. From all accounts, SR Zabriskie panicked, afraid his career was over before it even started.
His attempt to evade law enforcement compounded his legal troubles exponentially. Over the next twenty minutes, SR Zabriskie ran through residential neighborhoods, crossed multiple private properties, and inadvertently damaged garden fixtures and a fence during his flight. When finally apprehended, he wisely chose to cooperate fully with local civilian authorities, but the damage was done literally and to his military standing.
Protect your career—fight back now.
High Stakes and Potential Career Devastation
The consequences facing SR Zabriskie extended far beyond the civilian legal system. As an active-duty trainee in a highly selective program, he now faced a Disciplinary Review Board (DRB) that would determine whether he would remain in the EOD training pipeline.
EOD specialists represent some of the Navy’s most elite operators, responsible for worldwide disarming and disposing of explosive threats. The selection process is notoriously rigorous, with high attrition rates even for those who maintain perfect disciplinary records. For SR Zabriskie, removal from the program would mean reassignment to an alternative rating – likely far less aligned with his aptitudes and career goals – for the remainder of his obligated service.
Our Strategic Approach to Mitigation
When SR Zabriskie contacted our office, it was clear that his case required a multi-layered approach. Given his trainee status and the serious nature of his infractions, we recognized that his future in the Navy would depend on both accepting accountability and demonstrating his continued value to the service.
Our first step was conducting a thorough interview with SR Zabriskie to understand the details of the incident and his background, motivations for joining the Navy, and commitment to the EOD program. Rather than allowing him to present a hastily constructed defense, we carefully crafted a narrative based on his input that acknowledged his wrongdoing while contextualizing it as an isolated lapse in judgment rather than a pattern of misconduct.
“We needed to help SR Zabriskie own his mistakes without allowing them to define his potential,” explained attorney Will M. Helixon, whose extensive experience with alcohol-related military misconduct proved invaluable in this case. The Law Office of Will M. Helixon assigned Colonel (Retired) Matthew Krause as SR Zabriskie’s lead counsel, with Will M. Helixon serving as consulting counsel.
Critically, Matthew Krause also engaged with SR Zabriskie’s chain of command, particularly his master chief, who, despite his disappointment with SR Zabriskie’s actions, remained supportive of the young sailor’s potential. The master chief’s willingness to advocate for SR Zabriskie provided essential credibility to our assertion that this incident was an aberration rather than an indication of character.
Navigating the Disciplinary Review Board
The Disciplinary Review Board represents a critical juncture in Navy discipline, particularly for trainees whose careers hang in the balance. Unlike the more formal proceedings of a Captain’s Mast or court-martial, the DRB offers an opportunity for command leadership to assess the totality of a sailor’s potential while still addressing misconduct.
Matthew prepared SB Zabriskie extensively for his appearance before the board, emphasizing the importance of taking full responsibility while articulating his firm commitment to the Navy and the EOD community. Rather than making excuses, we advised him to demonstrate how this experience had fundamentally changed his perspective on the privilege of serving.
During the proceedings, the master chief’s testimony proved pivotal. He spoke candidly about SR Zabriskie’s technical aptitude, work ethic, and leadership potential, which he had demonstrated before this incident. This professional assessment from a respected senior enlisted leader carried significant weight with the board.
One mistake shouldn’t define your future.
A Balanced Outcome
After deliberation, the Disciplinary Review Board delivered its recommendation: Seaman Recruit Zabriskie would remain in the EOD program but would first serve several months at sea for developmental purposes before resuming his specialized training.
This outcome represented a thoughtful balance between accountability and opportunity. The sea tour would provide SR Zabriskie with valuable fleet experience while allowing time for reflection and maturation. Importantly, it preserved his chance to serve in his chosen specialty while ensuring appropriate consequences for his actions.
The Path Forward
For SR Zabriskie, the board’s decision offered both relief and an opportunity for redemption. The board gave him a second chance that seemed impossible the week before.
The months at sea would expose SR Zabriskie to the broader Navy culture and operations, potentially making him a more well-rounded EOD operator upon completing his training. More importantly, this experience reinforced the critical importance of sound judgment and accountability in a career field where lives depend on unquestionable professionalism.
This case exemplifies how effective legal representation can help navigate the complex military disciplinary system while protecting a service member’s long-term career prospects. By addressing misconduct directly while advocating for proportional consequences, we helped ensure that a promising young sailor’s potential would not be permanently diminished by a single night of poor decisions.
For the Law Office of Will M. Helixon, this outcome represents our commitment to defending America’s Warriors, ensuring that military justice remains both fair and effective in maintaining the discipline essential to operational readiness.
Your service deserves a strong defense.
Navigating Military Discipline: Lessons from the Field
Military discipline cases often involve young service members at critical career junctures. Our expertise in this specialized area of law enables us to:
- Navigate the unique aspects of military disciplinary systems
- Balance accountability with advocacy for appropriate outcomes
- Effectively engage with military leadership and command structures
- Preserve career opportunities while addressing misconduct
If you’re facing military disciplinary action, remember that experienced representation can make a critical difference in protecting both your immediate interests and long-term career prospects.
An accusation is not a conviction.
Conclusion: Seek Experienced Legal Counsel
The case of Seaman Recruit Zabriskie illustrates the delicate balance between maintaining good order and discipline while preserving the military’s investment in promising young service members. Through strategic advocacy and a deep understanding of Navy disciplinary procedures, we were able to help a young sailor accept accountability for his actions while preserving his opportunity to serve in his chosen specialty.
For SR Zabriskie, the night he ran through those residential streets could have ended his EOD aspirations. Instead, through proper representation and his genuine commitment to learning from his mistakes, it became a formative experience that will likely make him a more mature and effective service member in the future.
Secure your rights before it’s too late.
