Of Counsel means that the lawyer is an independent contractor who provides legal services in support of Cave & Freeburg, LLP, in support of our clients.

As an Army judge advocate, Mr. Kornacki has performed in a variety of assignments including with the Trial Defense Service, as an assistance staff judge advocate, and on deployment to Iraq. Since leaving active duty he has focussed his efforts on administrative law issues affecting active duty, Reserve, retired, and former servicemembers. 

One area of expertise which he assists us with is “pay issues.” The Court of Federal Claims has jurisdiction over a number of issues related to current and retired pay. 

Mr. Kornacki is experienced in dealing with adverse administrative investigations and actions, General Officer Memoranda of Reprimand, Letters of Reprimand, Article 15 cases, upgrading discharges, or correcting errors in personnel records.

Here’s why a military person might need help from Cave & Freeburg, LLP and Mr. Kornacki, seasoned military advocates:

1. Pay Issues:

  • Errors in Pay: For instance, if your rank is incorrectly recorded, you may receive a lower pay grade than you should. Similarly, you may not receive the correct pay if your time served or deployments are not accurately documented. These discrepancies can occur due to administrative mistakes, missing paperwork, or classification errors. A missing award or forgotten deployment can lead to underpayment.
  • Pay Delays: Delays can happen due to administrative backlogs or processing errors. The delays and errors can cause financial hardship, especially for those living paycheck to paycheck. If addressed, these issues can lead to timely or lost pay.
  • Benefits Issues: Military benefits like housing allowances, education assistance, and healthcare can be complex. An advocate can help navigate the system and ensure service members receive all they’re entitled to.

2. Errors in Service Records:

  • Missing Awards or Decorations: Earning recognition for service is a significant honor. A missing award can impact career advancement and future opportunities.
  • Incorrect Dates or Events: A service record is vital for benefits, retirement, and future employment. Errors, even seemingly minor ones, can cause problems later on.
  • Unrecorded Service: Deployments, training, or even injuries can sometimes be missing from the record. Missing information can affect pay, benefits, and even retirement eligibility.

3. Minor Misconduct:

  • Non-judicial Punishment (NJP): NJP, or “Captain’s Mast,” is used for minor infractions. While seemingly small, an NJP can impact promotions, security clearances, and even discharge. An advocate can help mitigate punishment or ensure fair proceedings.
  • Unintentional Mistakes: Recruits or those in unfamiliar situations can make honest mistakes. An advocate can present mitigating factors and advocate for a lesser penalty.
  • False Accusations: Even minor misconduct accusations can be stressful and career damaging. An advocate can help ensure a fair investigation and protect the service member’s rights.

The Need for Advocacy:

The military chain of command ensures the proper execution of orders and duties and, when necessary, enforces discipline. However, navigating complex administrative processes or advocating for oneself within that structure can be challenging.

Contact us at (703) 29809562 or mljucmj@court-martial.com.

We can provide the following:

  • Expertise: Our understanding of military regulations, based on our knowledge and experience, ensures you have the best possible case to present in your favor.
  • We are here to guide you every step of the way, helping you identify and gather evidence, complete the necessary paperwork for the case, navigate the often complex appeals process, and provide you with the personal support you need.
  • Representation: In some cases, we can accompany you to hearings and meetings to ensure you are heard, and the deciding official considers any evidence you have.

By providing comprehensive support through these issues, military advocates like us help ensure service members receive fair treatment and can continue serv

Education

  • Oxford Univ. (UK) - MS - 2011

    Master of Studies in International Law

  • TJAGLCS - 2005

    U.S. Army Advanced Legal Course

  • CUNY, Queens College - JD
  • Pace Univ. - BA

    Cum laude

Client Reviews

Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my family. Philip was so helpful, truly a calming force, and his legal help was invaluable to me, I...

Rob

Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're exactly spot on. He is my hero and thanks to him I gave my life back...

Bryan

Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to him. He genuinely cared about me and made my case his priority. He used all his experience...

Crystal

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