Ad Sep, Unacceptable Conduct. So many questions.

[paleo]

I was an Army Officer, had a Show Cause Board of Inquiry.
Quick synopsis:
Accused (not charged) with a few things such as a false statement. There was an MP investigation which was improperly done. Evidence handled incorrectly, evidence not processed, evidence likely to be exculpatory ignored. Article 31 rights violated. Full report of investigation not provided to me prior to the board of inquiry (violates AR 600-8-24 and 10 USC Chapter 60). A senior officer provided untruthful testimony under oath, alleging serious misconduct on my part, for which I have proof to refute the testimony. MP investigator lied under oath. Many other issues as well.
Board recommended elimination. I went to my chain of command repeatedly with these issues, which constituted allegations of UCMJ violations. They were obligated to investigate, see RCM 301, 303 and AR 600-20 as examples. They did not. Finally they told me they would not do anything, regardless of the information and evidence I brought forward.
I called the Office of the Administrative Assistant, requesting to speak with the SecArmy - turned away. I called the office a Major General to make my allegations against the senior officer that provided untruthful testimony. He refused to take receipt of the complaint. I called a Senator's office requesting assistance in getting my evidence to the SecArmy. I did not ask for adjudication assistance. I was turned away.

I spent thousands on legal bills. Now I'm out. Not having success in job hunting. I'm in a bad financial place now because of this situation.

Couple questions:
1. Have applied for work with a government agency. Was told that due to my discharge they had to request my "G O 1" (gee oh one) file and review it. Don't know what that file is or what's in it. My chain of command so badly administered my personnel actions, violated my PII, etc and I worry that further errors are going to be contained within this file that will block my employment. Trying to get information on what this file is, what's in it, etc. That way, perhaps I can make sure I have documents to assist in my employment search if there are errors in this file.
2. My case is crazy, and chaotic. I'm not an attorney, have never studied the law until this situation. Trying to find references on legal strategy, as I seek to build my case in such a manner that the Army can't throw up road block after road block. The FY14 NDAA states that it will be mandatory for service members to go through the correction boards before going to federal court. Don't know if there are good articles or books on producing a good case file to be reviewed at the correction board, or the process of the board etc. Seems what's on the DoD websites never matches people's personal experiences.

If there's a way to get pointed in the right direction, I'd appreciate seeing some pointers.

 

[Jason Perry]

I was an Army Officer, had a Show Cause Board of Inquiry.

Did you go to board? What were the findings/outcome? Did you file an appeal/rebuttal? (I know the end result from the fact that you are out, but, still, the details are important).

Couple questions:
1. Have applied for work with a government agency. Was told that due to my discharge they had to request my "G O 1" (gee oh one) file and review it. Don't know what that file is or what's in it. My chain of command so badly administered my personnel actions, violated my PII, etc and I worry that further errors are going to be contained within this file that will block my employment. Trying to get information on what this file is, what's in it, etc. That way, perhaps I can make sure I have documents to assist in my employment search if there are errors in this file.

I have never heard of such a file (GO1). Maybe ask whoever your point of contact is.

Seems like you could challenge any contents of your file with a Privacy Act request. However, unless you got some correction from BCMR or an order from a Federal Court, I don't know how much luck you would have (you could make the Privacy Act request, get the likely denial, and then sue based on that denial in District Court).

2. My case is crazy, and chaotic. I'm not an attorney, have never studied the law until this situation. Trying to find references on legal strategy, as I seek to build my case in such a manner that the Army can't throw up road block after road block. The FY14 NDAA states that it will be mandatory for service members to go through the correction boards before going to federal court. Don't know if there are good articles or books on producing a good case file to be reviewed at the correction board, or the process of the board etc. Seems what's on the DoD websites never matches people's personal experiences.

Not sure about this 2014 NDAA requirement- can you point me to the section you are referencing? I did a cursory review of the Senate bill and some of the committee reports and did not see this. However, seems to me you could still file in court before any such measure becomes law.

Hard to point you to any solid references. There is an out of print book by an attorney by the name of David Addlestone and a few Veterans Organizations have books on this subject (I wrote a chapter for one of these books, the Servicemember's Survival Guide, a few years back...there was a chapter on BCMRs). I am not sure how helpful a general article would be, though. One of the issues is that you have to identify all issues you might raise in court before the BCMR/BCNR, and the substantive law issues are more important than the general qualities of an applications. Hard to really give a full treatment of the subject when the issues are complicated. Sounds like you would need to challenge the Show Cause Board's findings (as well as identifying any procedural errors).

 

[paleo]

Very helpful response, thank you.