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Do I have a reason to file Congressional Inquiry?

Savannah, GA |

The Battalion that I deployed with made negative statements on my OER pertaining to interpersonal skills. However on the OER I was given a satisfactory, center mass, and a fully qualified by both my rater and senior rater. HRC rejected the OER because it was not didnt comply with the AR 23-3. I have contacted the unit twice in reference to the rejection by HRC and I have emails where they flat out refuse to make the corrections. My Company S1 has also contacted them on this issue. If the changes are not make the OER that is currently on hold will become apart of my permanent record. Which it seems that the Battalion that I was under is going for. Can someone please advise me on how to make corrections?

Attorney Answers 3

Posted

After you complete the normal OER appeals pursuant to the OER Regulation, you may want to consider Army Board of Correction of Military Records. File a DA Form 149. It may take a while.
I knew an officer in Korea that after he won his lengthy appeals went from Captain to Lieutenant Colonel over night.

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Asker

Posted

The thing is that I dont have alot of time. The rank of Captain is more competitive and I have filed an IG but my questions is if I have a valid arguement. The unit that I was under was National Guard which is ran by the state and I think that it would get more attention to for that command into changing my OER.

Chuck R. Pardue

Chuck R. Pardue

Posted

A Congressional Inquiry will not hurt. If you cite the parts of the OER regulation they failed to follow, it will assist outside authorities in examining your case and focus light on the individuals who did not follow the regulation.

Posted

Contact Doug Andrews, attorney in Savannah, who is currently doing military-rlated law s he is a form Jag. Tell him I said Hi!

I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.

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Posted

Without seeing and reading the OER in question and talking to your rater, no one can really answer your question except in a generic fashion. Obviously, it would be better to have it corrected before it's placed into your permanent records, so as a prior poster recommended, I would contact someone with military law experience ASAP.

If HRC is saying that there's a technical or procedural violation - have you tried talking to your CO about it? If not, do that as well.

Good luck!

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