540-270-3041 cmr@correctmilitaryrecords.com Correct Military Records and Back Pay

PENTAGON LAW OFFICE
Global Military Personnel Law Practice

PENTAGON LAW OFFICE Global Military Personnel Law Practice PENTAGON LAW OFFICE Global Military Personnel Law Practice PENTAGON LAW OFFICE Global Military Personnel Law Practice
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    • Home
    • Contact Now
    • Practice Areas
    • Your Rights
    • Court of Federal Claims
    • Administrative Actions
    • Barment - Base Access
    • Combat Related Pay
    • Correct Military Records
    • Debarment and Suspension
    • Firearm Related Challenge
    • FOIA Appeals
    • Investigations
    • Promotion Review Boards
    • Security Clearance
    • Blog
    • Prior Cases

PENTAGON LAW OFFICE
Global Military Personnel Law Practice

PENTAGON LAW OFFICE Global Military Personnel Law Practice PENTAGON LAW OFFICE Global Military Personnel Law Practice PENTAGON LAW OFFICE Global Military Personnel Law Practice
  • Home
  • Contact Now
  • Practice Areas
  • Your Rights
  • Court of Federal Claims
  • Administrative Actions
  • Barment - Base Access
  • Combat Related Pay
  • Correct Military Records
  • Debarment and Suspension
  • Firearm Related Challenge
  • FOIA Appeals
  • Investigations
  • Promotion Review Boards
  • Security Clearance
  • Blog
  • Prior Cases

ADVERSE ADMINISTRATIVE ACTIONS

Wrongful Discharge Correct Records

It is all about procedural and substantive due process.

In military personnel law, in the vast majority of cases the outcomes of any adverse administrative actions depends on how you exercise your due process rights. Here are potential negative outcomes of most adverse actions in no particular order:


permanent adverse filings in Official Military Personnel File


adverse evaluations


board of inquiry / administrative separation / elimination


denial of re-enlistment


non-selection for promotion / promotion review board


recoupment of debt


security clearance issues - statement of reasons


loss of pay / recoupment


legal hold / Flagging


rank reduction


restriction


adverse information on your Certificate of Discharge - DD Form 214


loss of command

Your rights - generally

 In military personnel law, you generally have the following rights:

1. to be notified about the allegations against you

2. to review evidence against you (limited)

3. to a hearing (sometimes)

4. to fair and impartial consideration

5. to appeal (sometimes)

6. to have your arguments and evidence considered 

More rights - UCMJ Article 31

 Under Article 31 UCMJ, you have the following rights:

1 right to remain silent

2. right to consult with an attorney

3. right to be informed of the specific offenses

4. right against self-incrimination

5. right to stop an interrogation

Three Tiers of Potential Relief

In military personnel law, there are generally three levels of potential relief. Usually, it is best to resolve any adverse action at the lowest level possible.

1 - Unit Level: Your due process and substantive rights start at the unit level. This is where you are notified of an adverse actions and flagging or legal hold.

2 - Administrative Level: After your unit level action is completed, you have a right to petition Boards for Correction of Military or Naval Records to request relief. These boards act on behalf of the Secretaries for each service.

3 - Judicial Level: Adverse administrative actions are subject to a judicial review under the Administrative Procedures Act of 1974.  (actions contrary to law, contrary to evidence, arbitrary, capricious, or abuse of a discretion). See the Court of Federal Claims  Section for more details.

Court of Federal Claims

DISCLAIMER

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE; CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. IN EACH CASE DIFFERENT LAWS AND FACTS ARE APPLICABLE 

Representative Cases

Base Access Correct Military Records

Service member received a punishment under UCMJ Article 15 (NJP) for financial fraud related to theft of U.S. Government funds. Service member wanted to set it aside so he could re-enlist. Action: Developed persuasive and comprehensive evidence in rebuttal and mitigation and worked with the Service member to identify important facts. Result: The  UCMJ Article 15 was set aside and the Service member could re-enlist and continue his service

Military Pay Wrongfu Discharge

 A grade determination review board considered (GDRB) a field grade officer for retirement grade based on substantiated misconduct in his official military personnel file (OMPF). Action: Developed evidence in mitigation, extenuation, and rebuttal. Submitted written responses and submissions and over 40 exhibits. Result: The officer was allowed to retire in his current rank. 

Correct Military Records

Service member was investigated for based on allegations of misconduct related to fraternization. Action: Counseled and represented the Service member during the investigation and made submissions to the investigating officer. Service member exercised her rights. Result: The investigation was closed and no adverse action was taken against the Service member.

Correct Military Records - Wrongful Discharge

Service member received a punishment under UCMJ Article 15 (NJP) for being frequently late. Action: On appeal, developed strong evidence in rebuttal and provided additional documentation showing that there was no intentional misconduct. Also outlined critical due process violations and potential consequences of receiving the UCMJ Article 15 punishment. Result: The appeal was successful and the Service member was not guilty.

Correct Military Pay

Service member was investigated for violating a lawful order prohibiting drinking while on a military mission. Action: Advised the Service member about her rights and contacted witnesses to develop evidence rebutting the alleged misconduct. Result: After several months the investigation was closed with no adverse action and the Service member continues to serve.

Correct Records Military Pay

Service member was convicted of a driving under the influence (DUI) in a civilian court and proposed for separation with an other than honorable characterization of service. Action: Advised Service member of his rights and made persuasive and compelling submissions on his behalf. Result: Service member was allowed to separate with a general under honorable conditions characterization of service.


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  • Court of Federal Claims
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  • Correct Military Records
  • Debarment and Suspension
  • Promotion Review Boards
  • Security Clearance
  • Blog
  • Prior Cases

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