Hey all, I’m looking for a military lawyer who’s got experience with the Army Board for Correction of Military Records. Retired as an LTC in 2008, and I had one OER around 2003 that showed a drop in performance, probably due to some personal stuff I was dealing with then. Anyway, just curious if anyone has suggestions for someone who’s solid with this kind of thing?
I know a few folks who’ve had to go through this too. It’s not easy! Are you thinking of appealing to the board first, or going straight to court?
Ira said:
I know a few folks who’ve had to go through this too. It’s not easy! Are you thinking of appealing to the board first, or going straight to court?
Good question. I’m hoping to review everything first and see if it’s worth going forward with the board. Heard mixed things about how effective they are.
Ira said:
I know a few folks who’ve had to go through this too. It’s not easy! Are you thinking of appealing to the board first, or going straight to court?
Yeah, exhausting all options with the board is usually a must. Courts don’t like to step in until that’s done. But if you’ve got a solid case, it could be worth it!
Man, sounds rough. I’ve been down a similar road. If there’s any record error, it might be fixable. But do you have proof for the reason behind that OER dip?
Wilkie said:
Man, sounds rough. I’ve been down a similar road. If there’s any record error, it might be fixable. But do you have proof for the reason behind that OER dip?
Yeah, the court found negligence on the Army’s part regarding my wife’s death, so that’s there. Wondering if that’s enough to show extenuating circumstances.
Wilkie said:
Man, sounds rough. I’ve been down a similar road. If there’s any record error, it might be fixable. But do you have proof for the reason behind that OER dip?
That’s definitely a strong point. If you have documentation, you’ve got a good shot at getting that corrected. Might still be a long process though.
Do you know if qualified immunity plays a role in this? I heard it’s a thing with military cases.
Tan said:
Do you know if qualified immunity plays a role in this? I heard it’s a thing with military cases.
I think so? Qualified immunity means the agency often makes the first ruling in these cases, which can feel like a conflict of interest, right?
Tan said:
Do you know if qualified immunity plays a role in this? I heard it’s a thing with military cases.
Exactly, they basically review their own case first. Courts can step in after though, so there’s some oversight eventually.
Sounds like an expensive route! Do they ever cover legal fees if you win?
Lex said:
Sounds like an expensive route! Do they ever cover legal fees if you win?
Yeah, I’ve heard the court might award legal fees if you come out on top. But still… lots of hoops to jump through before that!
Lex said:
Sounds like an expensive route! Do they ever cover legal fees if you win?
At least there’s that. Good luck, man, hope you don’t have to go to civil court for it.
Have you thought about consulting first? Could be good to get a lawyer to look over what you have before deciding.
Nyx said:
Have you thought about consulting first? Could be good to get a lawyer to look over what you have before deciding.
That’s what I’m leaning towards. Just want to be sure it’s worth the battle, you know?
Nyx said:
Have you thought about consulting first? Could be good to get a lawyer to look over what you have before deciding.
Totally. Better to have everything ready in case you do go forward. Good luck!