There was an investigation launched on me April 16, 2013 and I just recently got read on 21 June 2013. They didn't seek UCMJ punishment but I was relieved of duty as a Platoon Sergeant and told I would be given a relief for cause NCOER. Another PSG was accused of the same thing and investigated the same time received a letter of concern. I am not understanding how this is but he leaves in a couple of days. What can I do about the relief for cause NCOER because they are trying to hammer me on this with a 5 - 4 rating and gave me much and some improvement in three sections but counselings I received before this says I was doing an excellent job. The investigation into the one incident is the only thing in question but now they dragged my character as a leader into the NCOER as well
The officer who wrote the relief for cause NCOER never counseled me and the other platoon sergeant and I were investigated for leaving the area where a mission was taken place but we were never given any guidance into our role in the mission that is why we left the area. We were told that we were extra but when asked if we were needed everyone kept saying they didn't need us for anything but like I said, he received a letter of concern and I received a relief for cause. How can two people who get investigated at the same time for the same thing receive two totally different punishments. The one I received could end my career.
Military Law Attorney
You need to consult an experienced military law attorney who can help you appeal the NCOER. If you plan on making the Army a career, it is important that you address this. Additional information is available on my website. I would be more than happy to walk you through the process. The consultation is free. Best of luck.
Criminal Defense Attorney
This is really a question for a military lawyer or a civilian lawyer with in depth familiarity with the UCMJ. I am going to move your question to the military law section of avvo so that you might get some better answers.
Please remember that that information you put up on avvo is public. So, the miliatary police and prosecutor also have access to what you post.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
General Practice Lawyer
Take a look at AR 623-3. It addresses Relief For Cause NCOERs. Unfortunately your NCOER and how they dealt with you does not have to match the other's unless there is discrimination based on a protected class.
You also have appeal rights but t has to be more than you disagree with the report. The reg tells you exactly what you have to do to have the appeal. You may want to hire an attorney to help or see if your local TDS can help.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
Mr. Green is correct that there is no requirement they treat the two of you the same. Your question is what you can do. You should go to the base legal office and seek their assistance in rebutting the NCOER. You should also consider retaining private counsel. Most of use here on AVVO offer free consultations and would be happy to discuss your options with you.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.