Posted on Aug 13, 2020
Can a commander add an unredacted ROI/LER to the OMPF?
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Solider was accused of rape. Investigation found that rape was UNFOUNDED but that he was drunk, FOUNDED. His commander decided to add the entire investigation to his OMPF. When the solider left active duty he applied for benefits from the VA for hearing loss. VA says due to his own misconduct (drunk from the alleged sexual assault) his claim was denied. The VA cited the Investigation as part of their reasoning.
Posted in these groups: 
Discipline
UCMJ
Discipline UCMJ
Posted >1 y ago
Responses: 7
You have to see the character of the discharge. I have a feeling his discharge is the reason. I don't think the VA can look into your records of your investigations. All they will see is the character of your discharge.
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Christina Thundathil
SSG Brian G. So, the VA should not have access to any service members personal file. I have seen this with my own eyes. The VA did use it and we found the trail threw his military personal file and then his C-File that was transferred from the Personal Records Center. Can a Commander do that?
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Did you see this in writing. The VA does not look at a Soldiers records, other than medical. What type of discharge did he receive. It is more likely that his hearing passed the test, and the Soldier is bitter and mischaracterizing the situation. Ask to physically see the VAs findings.
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Ok, So he was denied service connected disability due to misconduct? Does this individual have a discharge short of honorable? Unless the claim of hearing loss is directly related to an alcohol related incident or other form of negligence I assume the denial is due to his discharge status.
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Christina Thundathil
No his discharge is Honorable, but the "misconduct" from him drinking was In Kuwait. He did receive an Article 15. I have seen ALL the paperwork. The OMPF connection to the VA was found in his C-FILE. Can a commander add the investigation to his permanent file which is then transferred to the DeptVetAffairs?
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SSgt Christophe Murphy
Christina Thundathil - Like I mentioned previously, unless the hearing loss claim is connected somehow to the misconduct I don't know where the connection was made or how the denial was justified. Personnel files and disciplinary actions is outside the scope of the VA except for discharge statuses and whether misconduct is related to medical issues which would cause them not to be covered. Having documentation added to your OMPF isnt outside the norm but the VA having access to it isn't common.
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SGT Charles Bartell
That sounds like the Tampa Florida VA. It seems that all that one wants to do is find. A way to deny any ratings.
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SSgt Christophe Murphy
SFC John Wade - I would recommend appealing the finding and contacting advocacy. I was able to submit an eval this year after getting out 8 years ago and was able to get percentages added for hearing loss and tinnitus. I know plenty of vets who have compensation for their hearing loss as well. There is not a built in denial for hearing loss disability. If it is service connected you are within your rights to get that compensation.
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