Texas -- Constitutional Argument Gets Adverse OER Removed from Officer’s OMPF

The rater cavalierly stated in his narrative that an active duty major had committed a UCMJ offense. The rated officer had never previously been charged with the offense. Stockdale Army Law argued that it violated the Constitution that a criminal charge should appear in an OER without allowing the officer the opportunity to formally and properly defend herself against this criminal charge:

             “It violates not only Army Regulations, but basic notions of justice
             under the U.S. Constitution, which provides an accused notice of an
             alleged crime -- and an opportunity to be heard.”

The OER appeal succeeded.

On 17 August 2009, the Chief, Appeals and Corrections Branch at HRC-Alexandria notified the officer that the OER was removed from her OMPF “Per direction of the Office of the Assistant Secretary of the Army, Deputy Assistant Secretary (Army Review Boards), 23 July 2009.”

HQDA -- Twice Denied by Army Human Resources Command, Army Doctor Wins Appeal at ABCMR

A Regular Army doctor sought to leave active duty to take a commission in the U.S. Public Health Service. HRC personnel managers advised him that the regulations permitted his transfer to the USPHS and to submit his resignation. He did.

HRC promptly welcomed him to the IRR: "You are now a Reserve commissioned officer."  An individual can only hold one commission at a time. HRC would not release him from the IRR, or from his Reserve commission.  The USPHS commission -- and the job waiting for him -- were out.

The officer engaged Stockdale Army Law and requested reconsideration within HRC. An O5 branch chief denied his request and further informed the officer there was "no appeal process." This was incorrect and the officer submitted a formal request to the HRC Commander IAW the regulations. The HRC Commander also denied his request.

Stockdale worked closely with the officer to draft a persuasive appeal to the Army Board for the Correction of Military Records based on the same regulations HRC would not follow. The ABCMR granted the appeal. The doctor is now a commissioned officer in the U.S. Public Health Service.

Georgia -- National Guard Lieutenant Retained and Promoted

“You’re discharged in 30 days.” This is what the memorandum said.

An AGR Full Time National Guard officer expected swift promotion to Captain. The board selected her and she had the promotion memo. But the Georgia National Guard told her she wasn’t educationally qualified. They were discharging her. Her baccalaureate degree, they alleged, was awarded after the selection board met. A locally filed reprimand complicated matters, but it should never have even been a factor regarding her selection by a DA Selection Board.

She contacted Stockdale Army Law and quickly provided all the tangled documentation regarding previous promotion selections, deferments, declinations, her undergraduate education, and emailed assurances from her S-1 that she was submitting all the right paperwork.

Stockdale distilled the complicated chaos down to a few simple bullets: she was selected; she has her degree; retain her; promote her. The local reprimand? Irrelevant. Then, relentless communication with a “lights on” official at HRC resulted in the officer being retained on active duty. And promoted to captain.

Washington, DC -- Qualitative Management Program (QMP)

If you’ve got one of the following in your OMPF at HRC, the QMP has you in its cross-hairs, you are flagged, and will be considered for separation:

• Relief for Cause NCOER
• General Officer Memorandum of Reprimand (GOMOR)
• Article 15
• Conviction by Court-Martial
• NCOES Course Failure
• NCOER with a Senior Rater 4 or 5 Block

Boards started convening 14 October 2009 to consider Sergeants Major through Sergeants First Class for involuntary discharge. If you are notified, you have the right to appeal to the Board. Contact Stockdale Army Law.

Iraq -- Sergeant First Class Has Reprimand Transferred to Restricted Fiche

An RA Sergeant First Class had a General Officer Memorandum of Reprimand placed in the performance section of his OMPF for allegedly maltreating a subordinate. The NCO reportedly ridiculed a Soldier’s medical condition, an eating condition, in front of a group of Soldiers.

Stockdale Army Law argued, correctly, that the NCO was never aware of the Soldier’s medical condition. The Department of the Army Suitability Evaluation Board (DASEB) agreed that the reprimand had served its intended purpose and that it was in the best interest of the Army for the reprimand to be transferred to the NCO’s restricted section of his OMPF.

In his restricted section, promotion selection boards will not see the reprimand and the Soldier’s chances for promotion to Master Sergeant and Sergeant Major are now excellent. He has the Bronze Star, two tours in Iraq, and an outstanding record.