Unqualified Resignations Case Studies ARMY RESERVE - AMEDD OFFICER UQRARMY RESERVE AMEDD OFFICER UQR (Unqualified Resignation) APPROVED, HONORABLE DISCHARGE ORDERS CUT MatterUQR (Unqualified Resignation) for Army Reserve Medical Corps (AMEDD) Officer ServiceArmy Reserve SummaryOur Client, a senior field grade medical doctor, tried to move things through the system on his own for more than a year before he was referred to us. The situation was a flat out mess. Two levels of command had disapproved his request, and to add insult to injury, his request and paperwork kept getting sent back down the chain for additional information and work … then back up — and back down again. After twelve months of this, things got the point where it was simply maddening – for the Client and his wife. We began by opening lines of communication with Client's local unit, while simultaneously reaching out to JAG assets at both Brigade and the Group/Division level. While the local unit command and full-time support staff was open, candid and fully supportive, battalion and brigade commanders were a problem. For reasons which bordered on the arbitrary and capricious, both the battalion and brigade commanders, disapproved Client's request, despite the fact that he had served for seventeen total years and had deployed to combat theaters multiple times. Thankfully, the JAG relationships established at the higher command levels proved far more reasonable and responsive, and, as a result, we were able to secure a general officer recommendation for approval, after favorable input from the command surgeon's office. The next stop in the process was to secure endorsements from levels within USARC G-1. Normally a fairly smooth and brisk process, this time Client's packet stalled. More than 2 months passed and still we hadn't seen that critical G-1 thumbs up. ResultAfter several weeks of carefully sustained maneuvering and some diplomatic pressure, together with outstanding support from both JAG and AG personnel at Bragg, we finally got the green light. The following day, final approval came from the general officer level, and the next day Client's honorable discharge orders were cut … 17 months after Client initiated his request on his own, and nearly 5 months after he came to us. HighlightsWith the help of literally a team of dedicated professionals, we were able to right the ship, focus on the real life story behind the paperwork, and help a good man and officer, who served his country and everyone around him, long and well. Client was afforded the opportunity – albeit with a curiously unnecessary struggle and inexplicable delay at the mid-range command levels – to leave service honorably, with grace and dignity. Many thanks, therefore, are once again due to everyone involved in this one. Board of Inquiry - Show Cause Action - Probationary OfficerBOARD OF INQUIRY (BOI) - SHOW CAUSE ACTION - PROBATIONARY OFFICER RECEIVES HONORABLE DISCHARGE MatterProbationary Army Officer Show Cause Action (BOI), including allegations of Misconduct and Conduct Unbecoming (DWI) and Substandard Performance ServiceThis was a case of a Dental Officer who was already going out on an Honorable because he couldn't pass his final licensing exams. The Army had brought him on board with the understanding that he had to pass those exams within a year's time in order to become fully credentialed (licensed). When he couldn't, the Army started elimination action for substandard performance IAW AR 600-8-24. But shortly into that process, our client was stopped on post by MPs for suspicion of DWI. No charge was ever formally filed, and the evidence was questionable. But as is almost always the case these days - his CG issued a GOMOR (General Officer Memorandum of Reprimand), directed filing in the AMHRR, and the servicing SJA office recommended a Show Cause action for misconduct. (Did I say no formal charge was ever filed???). So now he was in jeopardy of going out with a less than honorable characterization of service for being a bad actor. Not necessarily career enhancing in the civilian world. Our client was adamant that he was not driving while impaired. A forthright medical specialist, of good character and integrity, our client did, however, lack experience and a firm understanding of the service's climate and culture. He needed help to restore his confidence and provide a dignified, honorable exit plan which preserved future opportunities. SummaryWe fought this Show Cause action locally, and then up to the Assistant Secretary of the Army (ASA - Special Review Boards/ARBA) level over the course of six months. Thankfully, the ASA directed an honorable discharge. ResultClient Dentist started a new civilian job within a month of the ASA's decision with a civilian dentist who will provide all necessary supervision and oversight until such time as our client enters a fellowship program with another professional sometime next year. If client does well in both places - with both Docs - he'll be fully licensed, credentialed and accredited under the laws of his jurisdiction. Perhaps more importantly, however, our client was able to walk away from his relatively brief active duty military career with his head up and honor and dignity intact. Show Cause - Board of Inquiry Case StudyField Board of Inquiry DefenseNotice of Intent to Eliminate and Show Cause for Retention Alleged (ABCP) Army Body Composition Program Failure IAW AR 600-9 MatterArmy Officer Show Cause Board – Field Board of Inquiry for a Military Physician; Army Body Composition Program (ABCP) Failure – Notice of Intent to Eliminate and Show Cause for Retention based on Substandard Performance ServiceMedical doctor/officer with 14 years of active commissioned service was being boarded for an alleged ABCP failure. This officer had a long, documented history of medical issues, and had been through one MEB/PEB look, but as is typically the case, it is extremely difficult to be declared unfit for duty medically if you are a medical corps or general officer. While the Show Cause action was pending, my client again initiated the MEB process, but was once again found fit for duty by this second PEB. Without, therefore, a medical or regular retirement available, our 14 year officer client was in danger of losing everything if the Board voted to eliminate. Our client is extremely intelligent, and a highly skilled medical specialist. What he was not particularly good at, however, was communicating well with either colleagues or those in his line/tactical or professional (hospital) command chains. And like many, he was not well versed in the details of the ABCP regulation AR 600-9 which had received a major overhaul in 2013. It was my job as his attorney to save his career and restore him to a position of full trust and responsibilities within the medical corps. We tried the case before an officer panel at a major command installation. The government (Army) was represented by two excellent, active duty JAG officers and a team of paralegals, and The Board was advised by an active duty JAG legal advisor. My argument boiled down to the fact that my client had not been afforded due process under the regulation, and that, as a result, he had been improperly enrolled and processed in ABCP from the inception. SummaryThe Board voted unanimously to retain — citing a lack of due process. ResultClient Doctor stays in uniform, continues a career and preserves the possibility of a full retirement someday; 2. Moreover, as a result of the entire process, our client also established a much stronger relationship with his specialty consultant. That improved relationship then led to a more suitable assignment match for client's next move; and, 3. Finally seeing a hunch I had early on about how to prevail ultimately validated and confirmed by a panel of highly competent, senior field grade officers. ReferencesPlease call us at 214-363-1828 or email us at meililaw1@gmail.com for further details and contact information for the Client who would be happy to speak about his first hand experience with what our team does and how we work. |
