202-640-3023 cmr@correctmilitaryrecords.com Correct Military Records and Back Pay
202-640-3023 cmr@correctmilitaryrecords.com Correct Military Records and Back Pay
Each service must certify to the Department of Defense and Congress that 'all officers nominated for appointment to a higher grade meet the standard of exemplary conduct' set out in 10 USC 3583. Promotion review procedures are different in each service but generally the same rights are available:
Right to notice
Right to review some information related to the adverse records
Right to provide responses
Right to meaningful consideration
Right to administrative review
Right to judicial review
The promotion screening process identifies potential indicators that someone's service is not exemplary. Some examples include:
Criminal Investigation Division investigations - whether open, closed, or ongoing
Inspector General investigations
Any information filed in the restricted portion of Official Military Personnel File
Referred evaluations
Court-Martial convictions
Reprimands
Initiation of elimination or show cause boards
Being placed in a legal hold or flag
Any other adverse information
Department of Defense Instruction 1320.04 defines 'adverse information' as:
A substantiated adverse finding or conclusion from an officially documented investigation or inquiry or any other credible information of an adverse nature. To be credible, the information must be resolved and supported by a preponderance of the evidence. To be adverse, the information must be derogatory, unfavorable, or of a nature that reflects clearly unacceptable conduct, integrity or judgment on the part of the individual.
You can provide responses or you may retain a promotion review board attorney
Schedule a free telephonic consultation here.
This notice means that there is some adverse information found in your personnel records. If the information is considered serious enough - you will receive a scroll withhold or delay of promotion notice and your promotion will be under review. You will generally receive instructions on how to respond to it.
A promotion review process essentially re-considers the promotion status of each promotion eligible officer. An officer may be removed from a promotion list if misconduct or sub-standard performance is identified. The entire process may take between 12 to 18 months. The entire process can be very stressful and nerve-racking as well.
Yes, a decision to remove an officer from the promotion list counts as a non-selection for promotion. Two non-selection may lead to involuntary retirement of premature separation.
Schedule a free telephonic consultation here.
You have a right to be notified about any adverse information and to provide responses. You can avoid the promotion review process by declining a promotion request. However, this will count as a non-selection. Generally, it is best to provide responses. You do not have a right to a hearing. This means that your responses should consist of strong evidence and persuasive arguments. It is very important to identify any due process violations or errorenous information. Generally, third parties may not provide responses on your behalf. Your responses should follow the military/naval professional writing style.
You may file a petition to correct your military records at the Board for Correction of Military or Naval Records. Pursuant to 10 USC 1552, each Board has a power to correct your records or to allow you to be considered for promotion again. Each petitioner has the burden of proof and all records are presumed to be correct. This is why your initial responses are very important - because they will establish key arguments concerning any errors or due process violations.
Yes, Courts will review service department decisions for compliance with the established regulatory requirements. While Courts do not promote officers, they will scrutinize if each service followed its own regulations. If the Court finds that the service violated its own regulations, the Court may set aside non-selections or removals from the promotion lists. This will entitle each officer to correction of military records, change of date of rank, back pay, and additional benefits.
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MILITARY LAW ISSUE; CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.
An officer was repeatedly not-selected for promotion because certain records have been erroneously removed or left behind in the officer's promotion files. During litigation at the U.S. Court of Federal Claims, the case was remanded to the Board for Correction of Military Records again. The Assistant Secretary recommended partial relief. As a corrective action, the officer was allowed to be considered for promotion by 3 consecutive Special Selection Boards. The officer was selected for promotion during the first board.
An officer had substantiated adverse information based on an amended investigation relating to multiple complaints. Provided detailed responses referencing numerous sources and made arguments to show that the adverse information was not reliable. Subsequently, the officer was selected for promotion.
An officer was selected for the promotion review board process due to substantiated adverse information. Developed additional evidence to directly rebut the adverse information and also presented additional information showing exemplary service. The officer was notified that he was selected for promotion.
Pentagon Law Office specializes in correcting military records and military pay claims at the U.S. Court of Federal Claims, Boards for Correction of Military and Naval Records, and other DoD entities offering legal remedies. This includes promotion review process, retirements, promotions, discharge upgrades, separations, DFAS debt, derogatory information, security clearance matters, grade determinations, cadet actions, evaluations, titling, debarments, expungement, among others.
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