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Two question how do file and Article 135 Court of Inquiry and can I do so when I ETS out the Military

Birmingham, AL |

I recieved and adverse OER, and requested and Commander's Inquiry, I've seen the results on a memo, the results are completly errounous, and incorrect. I wish to review the entire Record, yet im do to ETS soon can get access to the Report of Investigation. To help with my appeal?

Attorney Answers 3

Posted

In order to get a copy of the investigation, you need to file a FOIA request. Visit http://www.foia.gov/how-to.html for step by step directions. Once an OER is recorded in your permanent personnel file, it is presumed to be administratively and substantively correct. Thereafter, the burden of proof rests with you to provide evidence of a clear and convincing nature that the contents of the OER were either unwarranted, unfounded, or unjust, in whole or in part, thereby warranting removal. I can help you file an appeal to have the OER removed from your record. Feel free to give me a call to discuss further. The initial consultation is always free. Good luck.

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6 comments

Asker

Posted

Thank you, do I have access to the Article 135 Court of Inquiry to get the results?

John Daniel Hafemann

John Daniel Hafemann

Posted

Are you positive that an Article 135 Inquiry was conducted? I assume you are referring to an Article 138 complaint?

Asker

Posted

no, I mean a Commander's Inquir was conducted, and the results were not correct In fact they were fabriccated lies, by te Command. I would like to use a Court of Inquiry to get the results.

John Daniel Hafemann

John Daniel Hafemann

Posted

Do you mean a Command Investigation was conducted? Preliminary Inquiry? Feel free to call me to discuss. I think I need more facts in order to assist you.

Asker

Posted

Ok, I recieved a OER which I felt was incorrect, and unjust, yet the Chain of Command dispite me arguing told me it was accurate and it could be done, I informed them that I had evidence which were against the bullets on the OER, I was informed by my Senior rater and Chain of Command that, if it was incorrect I could appeal. I later found out my Rater was not eligable to be a rater and the Chain of Command had full knowledge of this at the time. There are counseling which support the bullets, but as the events occured I was counsled and later I informed my rater of the situation. My rater dissappeared, and I was given an OER, with the bullet by my Senior Rater, I argue the bullets to the CSM and anyone that would listen, I found out everyone know m rater's condition, requested a Commander Inquiry from my Commander's Commmander. I got the results and the allegation I had were not addressed infact the results were made up by my Battalion. I would like the see the Report of investagation as to what evidence the Investgatin Officer used as evidence, because the evidence I had if clear and convencing, I believe the battalion is making false statements on the Commander's inquiry, or the IO does not have the right evidence, ether way ( I was informed by a trusted friend that the CDI would not be in my favor) and the proof was in the pudden

John Daniel Hafemann

John Daniel Hafemann

Posted

I understand. Feel free to give me a call to discuss further if you have any other questions. Good luck.

Posted

The first thing I would do is request a copy of the Commander's Inquiry from your chain of command. This should not be a problem. You can certainly appeal the OER, but as you are ETS'ing you need to decide if it is worth the time/effort to do so. I would be happy to discuss further with you if you so desire.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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1 lawyer agrees

Posted

What you need to look out for is the coming Show Cause Board. Get off these sites and get with a Trial Defense Lawyer. An adverse OER is most always followed up with a push to separate the officer from service. I've been seeing more and more of these as the Army downsizes. You need to prepare for this now because there is no live board it's all in writing and no offense but your writing is terrible. You'll need help to put together a good rebuttal packet. GO SEE TDS!

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