BCMR Denied, what's the next course of action?

KiloBravoSierra

PEB Forum Regular Member
They basically ignored all of the evidence I supplied, and went with the "medical consultant's" opinion.

What a crock.

I'm not done fighting yet, what recourse do I have to continue the fight?

Ken
 
Most likely course of action is to appeal to US Court Federal Claims.
 
They basically ignored all of the evidence I supplied, and went with the "medical consultant's" opinion.

What a crock.

I'm not done fighting yet, what recourse do I have to continue the fight?

Ken

Ken,

If there is "new evidence", then you can go back to the BCMR........the evidence must be stuff that wouldn't have been readily available at the time you originally filed.

My experience with the AFBCMR:
-it's a clown show. the members are primarily a bunch of acquisition CIVILIANS.....which really makes you understand how the military ends up wasting billions each year....one of the "3 star equivs" (Babs Westgate) is the wife of an AF O6....oh wait, he's an ANG O6 now......in the pentagon.....how many mere mortals do you know that can make the jump from AD to ANG O6? I'm sure it had NOTHING to do with HER position......She graduated from some online pseudo college AFTER becoming an SES.....I personally don't think she is capable of higher level thought.
-another frequent board member appears to be the spouse of "disgraced" former BGen (now retired O6) who was forced to retire after a "whistleblower" exposed his foot fetish involving women on his staff....she (Janet I Hassan) has sat on "whistleblower protection act" case.....now that's the definition of unbiased if I've seen it!

If you file yourself....without a lawyer.....they will usually not take you seriously....unless you are requesting to change your post retirement spouse election....that's about the ONLY thing they will give out. To get a favorable ruling, I REALLY think you need a lawyer....so they KNOW you won't just go away...and the lawyer needs to request an AO from the JA.....the AF Lawyers (believe it or not) at least try to be intellectually honest....and if YOUR LAWYER makes a valid point, they will usually acknowledge it and recommend giving you what you are requesting.....and once they do that, you will most likely get it....
 
You also need to be very vigilant about your statute of limitations (six years) to get to Federal Court. If you had a PEB before you left active duty, your time runs from when you were separated.
 
"the members are primarily a bunch of acquisition officers"

Hey, I resemble that remark!
 
"the members are primarily a bunch of acquisition officers"

Hey, I resemble that remark!

LOL....It's like a Rodney Dangerfield routine..."I get no respect!"
 
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