Jason Perry
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Sometimes I see trends that develop in cases. Understand, even though I deal with a great volume of cases relative to many attorneys, I only see a small portion of the total cases that are adjudicated. I try to always keep my relative view of cases as compared to total cases as a "small sample" of what may be the overall consideration of all cased when I consider trends and issues. But, when I see things pop up in a short time with the same issues, it indicates to me that there may be systemic or pervasive issue. If I see a trend, my concern is that it is highly likely that what I see is occurring on a larger basis than what I see.
I have just seen one such issue, that I think bears commenting on, come up numerous times over the past few months.
This is specific to Army cases, but, I have seen numerous folks who have sent either emails or memorandums to the Secretary of the Army asking for relief or assistance with a case.
Uniformly, I think this is a bad idea. Now, understand, each of the instances where I have seen this, it is in the context of a case that is either under initial consideration or is amenable to appeal under regular processes. Almost always, I believe it is a bad idea to request assistance from SECARMY when the case still has steps that can be taken to address the issue or problem through normal appeals. It is true that the current SECARMY, the Honorable Eric Fanning, has a much greater social media presence than, I think, any other previous SECARMY has had. Actually, I have never seen so much publicity or social media engagement from any previous SECARMY (or any Service Secretary, to that matter). Still, I think it is a mistake to think that just reaching out to SECARMY is going to result in favorable action (or any response). Now, I could be dead wrong. Maybe the SECARMY is not only more accessible, as evidenced by his social media presence, but is willing to address issues directly. But, I doubt that this is the case and I doubt that he is likely to just start granting relief. Every once in a while, things change and sometimes a paradigm shift happens. That said, I have seen no indication that anyone reaching out directly to SECARMY has worked and I think it is a bad idea (as I recently explained to someone- not a client- let's assume that SECARMY actually responds and does, what I think is likely, in response and denies relief or declines to take action. Well, in that case, it strengthens the case against you. It shows that that the SECARMY denies to grant relief and hurts your case (perhaps, fatally).
The reality is that folks have to use the processes available to address their case.
I think it is a horrible idea to seek direct relief by contacting the SECARMY. I think it could take a potentially winning case and turn it into a losing case.
I suspect that some person or attorney has suggested seeking to contact SECARMY as being a "good idea;" If so, I can say that I think this is a horrible idea. (Aside from being extremely unlikely to result in a direct grant of relief, it is a horrible idea because a denial hurts the case. It also shows a lack of understanding regarding the actual processes and issues that are relevant.....stated about as plainly as possible, direct appeals to SECARMY are unlikely to win and any negative response from SECARMY would greatly hurt any case on appeal.
That said, people are free to (and have) ignore what I think. Maybe I am wrong. Maybe a volume of appeals to the SECARMY changes things. But, I suppose, maybe, my experience should count for something and folks might want to at least consider what I say and think.
Nothing makes me madder that a case that should work out in a members' favor and it is denied based on errors made in the appeal process.
I have just seen one such issue, that I think bears commenting on, come up numerous times over the past few months.
This is specific to Army cases, but, I have seen numerous folks who have sent either emails or memorandums to the Secretary of the Army asking for relief or assistance with a case.
Uniformly, I think this is a bad idea. Now, understand, each of the instances where I have seen this, it is in the context of a case that is either under initial consideration or is amenable to appeal under regular processes. Almost always, I believe it is a bad idea to request assistance from SECARMY when the case still has steps that can be taken to address the issue or problem through normal appeals. It is true that the current SECARMY, the Honorable Eric Fanning, has a much greater social media presence than, I think, any other previous SECARMY has had. Actually, I have never seen so much publicity or social media engagement from any previous SECARMY (or any Service Secretary, to that matter). Still, I think it is a mistake to think that just reaching out to SECARMY is going to result in favorable action (or any response). Now, I could be dead wrong. Maybe the SECARMY is not only more accessible, as evidenced by his social media presence, but is willing to address issues directly. But, I doubt that this is the case and I doubt that he is likely to just start granting relief. Every once in a while, things change and sometimes a paradigm shift happens. That said, I have seen no indication that anyone reaching out directly to SECARMY has worked and I think it is a bad idea (as I recently explained to someone- not a client- let's assume that SECARMY actually responds and does, what I think is likely, in response and denies relief or declines to take action. Well, in that case, it strengthens the case against you. It shows that that the SECARMY denies to grant relief and hurts your case (perhaps, fatally).
The reality is that folks have to use the processes available to address their case.
I think it is a horrible idea to seek direct relief by contacting the SECARMY. I think it could take a potentially winning case and turn it into a losing case.
I suspect that some person or attorney has suggested seeking to contact SECARMY as being a "good idea;" If so, I can say that I think this is a horrible idea. (Aside from being extremely unlikely to result in a direct grant of relief, it is a horrible idea because a denial hurts the case. It also shows a lack of understanding regarding the actual processes and issues that are relevant.....stated about as plainly as possible, direct appeals to SECARMY are unlikely to win and any negative response from SECARMY would greatly hurt any case on appeal.
That said, people are free to (and have) ignore what I think. Maybe I am wrong. Maybe a volume of appeals to the SECARMY changes things. But, I suppose, maybe, my experience should count for something and folks might want to at least consider what I say and think.
Nothing makes me madder that a case that should work out in a members' favor and it is denied based on errors made in the appeal process.
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