This is difficult and unlikely to succeed, so talk to a legal assistance attorney before pursuing it. How Do I Request Removal? Thereafter, the burden of proof rests with you to provide evidence of a clear and convincing nature that the allegations are untrue or unjust, in whole or in part, thereby warranting removal.
Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered. Appeals are normally restricted to grades E-6 and above, officers, and warrant officers. For soldiers in grades below E-6, an appeal will only be considered as an exception to policy. The senior rater is responsible for executing this process and ensuring that that the evaluation is submitted in accordance with AR What are the impacts of a referred report?
A referred report may be a basis for additional actions at the command or HRC level such as promotion review or show cause board but the content of evaluation, not the referred status, is the determinant for these actions.
The RO will be given the opportunity to provide comments by a suspense date given by the SR. The comments will be factual and limited to matters directly related to the OER. If the decision is yes, those comments are attached.
We just need a copy of the comments by email and we can marry it up with the OER image and complete the evaluation. If the unit has not marked the referred enclosures properly in the form under the enclosures tab of the wizard then they may not come out when we pull them from AKO Forms.
That is why a Soldier who is facing any type of adverse action should give serious consideration to retaining experienced private counsel. This is certainly true if one is facing a current action such as an elimination board. In addition, it is even more so in a case in which the Soldier is seeking to overturn or mitigate a past unfavorable action by means of an appeal to an agency such the Department of the Army Suitability Evaluation Board or the Army Board for the Correction of Military Records.
Preparation and submission of these types of appeals requires extensive research and writing and this can be a very time consuming process. This is a complex matter which should done by an experienced mailtary law attorney. The Legal Assistance offices on most Army posts simply do not have the resources to devote a lot of time and attention to seeking redress for past actions.
However, the cost of not addressing adverse information in your OMPF will be readily apparent when it becomes the reason for an unfavorable decision when you are considered for promotion. Why should you be concerned about the contents of your record? Individuals being considered do not appear in person. Panel members don't know you and they are bound by regulation to base their decisions on what they see in your file.
That means that it is critical for each Soldier to do everything possible to ensure that the record which appears before these boards looks as good as possible.
What should you do if you are currently under investigation? If you have been named as the respondent in a formal AR investigation or if you become aware that you have become the focus of an informal investigation, you have the right to speak to an attorney in order to get legal advice. You should always take advantage of this right! The attorney can explain the nature of your situation and how it can effect your Army career. Your response to an AR Investigation can have critical consequences for your career and an attorney can advise you on your rights and obligations under this process as well as the best way to respond to an investigation.
That is why it is always advisable to seek legal advice as early as possible during the process. What recourse do you have in the aftermath of a investigation which has already been completed? This is your chance to ensure that the appointing authority as well as reviewing authorities will be able to consider your response to the investigative report. Your response to an AR investigation can make or break your future Army career. You should always consult a military law attorney before you respond.
In addition to providing advice, an attorney will be able to draft a persuasive written response which will enable you to ensure that the ultimate decision is based on a complete record which will include your response to the investigation.
According to the applicable Army Regulation any officer or NCO who has received a referred evaluation report must be given a "reasonable suspense date" in order to allow them to respond and rebut the unfavorable statements contained in the evaluation.
An individual who receives a referred evaluation will be provided with written notification of this suspense date when they are served with a copy of the report. It is critical to file a timely response. Failure to respond or to meet the suspense date will mean that the report will go forward as originally written and become a part of the Soldier's OMPF without any response from that Soldier.
Once a evaluation is finally completed, approved, and placed in the OMPF it is then presumed to be correct and it will be much more difficult to get it overturned in the future. If you have been served with a referred evaluation report you should immediately contact a military law attorney in order to have the assistance of counsel in submitting a cogent and persuasive response. If it is close to the suspense date, your lawyer can submit a written request for an extension of time in order to have adequate time to prepare a meaningful response.
What is the first level of redress after having received an unfavorable evaluation report?If you are currently facing an investigation, a reprimand, a referred OER or NCOER, a bar to reenlistment, or an involuntary separation action or if you have been the subject of previous adverse action such as having had an Article 15, a General Officer Memorandum of Reprimand, a negative OER or NCOER, or other unfavorable action which has harmed your career, I may be able to help you to resolve your problem and help you to continue with a successful Army career. These types of actions include receiving a referred OER or NCOER, an unfavorable Academic Evaluation Report, an administrative separation action, a bar to reenlistment, or if you are becoming the subject of an investigation or if your command notifies you that they are considering the imposition of a formal reprimand, etc. If the SR decides that the comments provide significant new facts about the ROs performance and could affect the ROs evaluation, the SR may refer them to the other rating officials. Your response to an AR Investigation can have critical consequences for your career and an attorney can advise you on your rights and obligations under this process as well as the best way to respond to an investigation. What should you do if you are currently under investigation? What is the first day of redress after having acquired an unfavorable evaluation report. If you oer been referred with a referred report report you should not contact a military law attorney in order Ali maher phd thesis have the business of counsel in creating a cogent and army speech. If you receive a GOMOR, you should never go to your legal assistance office to see an essence. Also make flexible you keep a copy for yourself.
However, the individual Soldier does have the opportunity to submit a response in order to try and convince the imposing authority to either file it locally or possibly even decide not to file it at all. Certified Mail: The SR can refer, in writing, a copy of the completed report to the RO for acknowledgment and provide a suspense for comment from the RO. However, in these after-the-fact cases, this paragraph is not intended to be a substitute for the appeals process, which is the primary means of addressing errors and injustices after they have become a matter of permanent record. Dealing with these types of issues is a complex legal process. This is certainly true if one is facing a current action such as an elimination board. I am a retired Army Judge Advocate.
This is difficult and unlikely to succeed, so talk to a legal assistance attorney before pursuing it. When version 7.
When version 7. The SR will then send it to the reviewer, as appropriate. My recommendation is that you should make use of BOTH. That is why a Soldier who is facing any type of adverse action should give serious consideration to retaining experienced private counsel. If the unit has not marked the referred enclosures properly in the form under the enclosures tab of the wizard then they may not come out when we pull them from AKO Forms.
Containing negative information that has not been referred to rated officer. That is why I will always give you a candid and objective opinion as to the nature of your problem as well as the available courses of action and the likelihood of being able to successfully resolve your problem. Only the latest acknowledgment and comments if submitted will be forwarded to HQDA.