FOIA Response to Army Board for Correction of Military Records Issues

FOIA Response to Army Board for Correction of Military Records Issues 2015-02-13

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Jason Perry

Jason Perry

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This FOIA request from the ABCMR was an interesting read. In particular, the statistics on Court Ordered remands was very enlightening. The years covered were 2008-2013. Each year the board received on average 5-10 Court remands. Of those, on average, they only took favorable action on one case a year with mostly only partial relief being granted.

This is particularly important to me as my case has been remanded to the ABCMR by the Court of Federal Claims. Based on statistics looks like I will most likely end up back in court.

Thanks for the post Jason.
 
The court remands I generally got were because I didn't specifically address a particular issue raised by the applicant. I would sometimes address the appropriateness of the overall action taken but fail to address a particular item which I assumed would be OBE by showing the overall action taken by the command was appropriate. So I would reboard the case, normally as a de nova review to address the specific contention.
 
Thought I would post ABCMR Court Ordered remand statistics. They are on pages 123-124 of file Jason Perry posted.
 

Attachments

  • ABCMR Court Remand Statistics.pdf
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ABCMR statistics on Court Ordered remands are pretty dismal considering a lot of attorney's and a supposedly impartial federal judge has looked at the case and ordered a remand. Guess this is what keeps Jason and other attorney's like him employed?
 
Anybody know anything about ACTSOnline? Jason Perry filed my court ordered remand to the ABCMR. Do you actually have to file a petition on this website or can you just enroll to check the status of a pending petition?

Any info would be appreciated.
 
Former MiTT Team Leader said:
Anybody know anything about ACTSOnline? Jason Perry filed my court ordered remand to the ABCMR. Do you actually have to file a petition on this website or can you just enroll to check the status of a pending petition?

Any info would be appreciated.
Click to expand...

It has been about 2 years since I used ACTSOnline, so things may have changed since that time. But at that time, what happened was you essentially filled out a DD149 form electronically and that generated a BCMR case number. But, it was a waste of time, in my opinion, because you had to then file a hardcopy along with submitting all enclosures. As far as having to actually file electronically before being able to check the status, I don't know.

(For remand purposes, it really does not matter much, in my opinion, because there are usually 30 day status reports due from the government in the court case during the pendency of the BCMR decision on remand, so that information is usually more accurate and helpful than the type of generic updates you get through the websites).
 
Another note....while the statistics shown are pretty dismal I don't think they show the whole picture; they do not show what happened after the return to court. Several of the cases in the stats are my own cases. After a "bad decision" the government sometimes agrees to a settlement; in others, the Court may grant relief. I think people should keep in mind that a denial (partial or whole) is not necessarily the end of the story.
 
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