How can I get the Army Review Board to rule on my case?

SFC Robert Barenberg — Fri, 08 Nov 2019 17:18:04 -0500

After 17 years, 11 months and 29 days of Honorable Service that never included UCMJ action at any level, I was Administratively Discharged for "Creating a Hostile work Environment" by allowing a subordinate Homeless Soldier to stay in my house for 4 days. (SSG Male) (1st investigation opened against me ever, that just happened to be 43 days after I self-enrolled in ASAP (Army Substance Abuse Program.) (Alcohol, which I graduated with flying colors). The list of laws and regulations that the Army violated during my case is a mile long, I won’t litigate it here but I can point out at least 15 times where my rights where seriously violated. (I always feel it's important to note that I was never charged, cited, held, detained or even accused of anything illegal.) My only saving grace when I was kicked out was I received an Honorable Discharge because they couldn't give me anything less. (At least it left the door open to get another job). Outside of that one “kindness” I received nothing. 18 years of Service ended with 2 weeks’ notice, zero retirement and zero separation pay.

It took some time because I was a single father with 2 young children, (1 is a Type 1 Diabetic), but I was finally able to raise the money to hire an attorney and I filed my appeal on 18 July 2017. When I filed, I was told that the process would take 10-14 months with 12 being average. Today is day 841 and according to the Board, my file hasn’t even passed the first step!

There is a Congressional Mandate under Title 10 of the US Code that states the board will answer applicants in 300-540 days. This Mandate is completely being ignored, and the only answer people will give me when I ask questions is shut up and wait your turn. My Congressman’s office (Congressman Buck- CO) has done nothing to help me, in fact his office went the other way and lied and attacked me. (The actions of his office are soon to be part of an Ethics complaint.) I've sent numerous emails to different news organizations over the years and to date I haven't received even 1 reply. Maybe I'm wrong but this isn't how any of this is supposed to work.

All I’m asking is for the Army and the United States Government to follow and live up to the rules, regulations and laws that they have created for themselves. I have jumped thru every hoop; I have waited as 4 different timelines have come and gone, and I have completed every impossible task that was placed in front of me. I can’t feed my children or buy my daughter's insulin with excuses! I need the Army to return to me what I earned, and what they Illegally took from me.

Talking to the Board is Pointless
Talking to my Congressman is Pointless
Getting the Media’s attention is apparently impossible

What's the point of having evidence if you can't get anyone to look at it?

How can an appeal process consider itself legitimate when it can't respond in less than 3 years? (Last kinda deadline I was given was the 1200 day mark!)

Does anyone else have any ideas on how I can get this situation resolved?

Can anyone help me?

(This is an Army issue, not a VA Issue.)

Response by 1SG Private RallyPoint Member made Nov 8 at 2019 5:28 PM

1SG Private RallyPoint Member — Fri, 08 Nov 2019 17:28:32 -0500

I know that you are looking for answers that few here will be able to give, but I have to ask.
What is the rest of the story?
An Honorable Discharge at 18 years does not make any kind of sense with the information given.
Were I to read between the lines, I would guess that there is more to the ASAP story, because an HD with a situation like I can imagine may have happened here does make sense.
But I don't want to guess. I want a little context.

Response by LT Brad McInnis made Nov 8 at 2019 5:31 PM

LT Brad McInnis — Fri, 08 Nov 2019 17:31:19 -0500

You may have better luck with Senator Cory Gardner. Every problem I or my sailors had I went through a Senator. Much like you, I found the Representatives less than useless. My one piece of advice, write a letter to them outlining your case and what you want. Keep it brief. They are required by mandate to provide a response within 120 days (I think) when it is a letter. Phone calls are handled slightly different.

Best of luck and keep fighting. Just remember the wheels of justice grind slowly.

Response by CMSgt Private RallyPoint Member made Nov 8 at 2019 5:48 PM

CMSgt Private RallyPoint Member — Fri, 08 Nov 2019 17:48:22 -0500

"...a subordinate Homeless Soldier" Why was he homeless? How did this result in "Creating a Hostile work Environment" just by allowing a subordinate Homeless Soldier to stay in your house for 4 days? What's the story here?

Response by SGT Jet West made Nov 8 at 2019 5:50 PM

SGT Jet West — Fri, 08 Nov 2019 17:50:46 -0500

Assuming you have it well documented.
Learn to code.
Build a website
Let the facts speak for themselves
Scan the docs
Post it on the web
Name names
Sunshine works wonders

Response by CPL Gary Pifer made Nov 8 at 2019 6:35 PM

CPL Gary Pifer — Fri, 08 Nov 2019 18:35:02 -0500

Best file for VA disability if you haven't. Throw everything thing including the kitchen sink at them....

Response by SPC Erich Guenther made Nov 8 at 2019 10:14 PM

SPC Erich Guenther — Fri, 08 Nov 2019 22:14:47 -0500

The right thing to do here and what a private company probably would have done given the circumstances would be to bridge you to retirement and ask you to retire. I understand why a Chain of Command would get upset with this because the SSG should have been relocated to a military barracks or found housing with someone not in his Chain of Command. When you do something like this even though it seems to be the compassionate thing to do, it looks bad via others in the unit who might think the SSG is getting treated more favorably than they would be.............which probably led to someone filing the Hostile Work Environment charge. Have to say I am really surprised they forced you out that close to 20 years in. That part is unusual, the Honorable Discharge and seperation without retirement pension. I am not surprised at the other stuff. I think you probably ticked someone off and they tried to nail you previously for something UCMJ related and couldn't until you dropped this golden egg into their lap.

Response by CWO3 Private RallyPoint Member made Nov 9 at 2019 10:15 AM

CWO3 Private RallyPoint Member — Sat, 09 Nov 2019 10:15:53 -0500

There are more MOCs than Buck. Consider reaching out to HASC members and Mil Pers Sub-Committee. A legal letterhead can harm as well as hurt you. They likely are claiming backlog as the cause. Good Luck.

Response by SFC Robert Barenberg made Nov 9 at 2019 2:26 PM

SFC Robert Barenberg — Sat, 09 Nov 2019 14:26:12 -0500

Not even close. No DUI, it was my wife leaving me and taking my kids that woke me up and made me get help. (Got the kids back 90 days into the program and have been doing the single Dad thing since and yes, I successfully completed the single parent plan that was blessed off by everyone higher) I was never charged, cited, held, detained or accused of anything illegal by the Army or any Civilian agency. My record is spotless, never been involved in or accused of everything above traffic. Rest of the story is I pissed off my Company Commander and he went to war. Due to this case my Commander found himself on the forced retirement list (G2G, he was forced to retire as an E7 instead of a Cpt) and my 1SG recieved a permanent letter of Reprimand on his file as he headed off to retirement. I wish people would help me get an answer as opposed to just assuming I'm a dirtbag. Sometimes things go wrong, in an Organization this large is it really that hard to believe that not everything is done 100% by the books? I believe in my case and I know what happened and I have followed all of the steps to get it reviewed. Maybe the fact that they haven't answered me yet proves my case. They have the complete file, if it was so easy to get rid of my case why don't I have an answer yet? Are they saying zero cases that have been filed since 18 July 2017 have been resolved? Why is it so easy to downplay what I say and just assume that I'm lieing. The facts are the facts, really wish I could just get the board to rule. I was rated 1 1 Among the best 4-5 months before I self referred, that NCOER looks just like the rest of the ones I recieved during my career. Nothing changed outside of asking for help. (Please understand that I'm not happy about making more noise about this. ASAP was a fantastic program and alcohol is is no longer a part of my life. My biggest hope is that my story doesn't stop others from seeking help but what happened to me is wrong and there is apparently no way to get it fixed.) What sucks about all this is that noone cares because I've already been found guilty by a "fair" system and noone can concieve that the system may be flawed in some areas.

Response by MSG Frank Kapaun made Nov 9 at 2019 6:44 PM

MSG Frank Kapaun — Sat, 09 Nov 2019 18:44:42 -0500

You were in USAREC, which IMHO should be prosecuted by the government under the RICO statute for being a continuing criminal enterprise. Sounds like you really pissed off someone and they were gunning for you.

Response by SFC Luis (Coolwhip) Ochoa made Nov 9 at 2019 7:36 PM

SFC Luis (Coolwhip) Ochoa — Sat, 09 Nov 2019 19:36:37 -0500

SFC,
That’s something you have to get JAG involved, there will be a lot of nonsense advice that you will get on here!
You need legal advice and not a know it all person
Good luck

Response by SPC Richard Zacke made Nov 9 at 2019 9:21 PM

SPC Richard Zacke — Sat, 09 Nov 2019 21:21:27 -0500

I'm 100% totally disabled and was in bad need of neck and back surgery (I know this is not the same as your case) after waiting nearly 24 months I was advised to send a letter with all evidence stright to the Commander-In-Chief I was amazed that not only did I get a response but the VA was falling over themselfs getting my surgeries done. It was crazy my case went from a snails crawl to a swarm of killer bees. I was told to by pass the House of Rep & the senators and go straight to the President. It took about 8 to 9 months but was totally worth it. Be carefull that you tell the whole story completely without any ommissions because I was told that lying to the Commander-In-Chief can get you a boat load of grief. Good luck and you already know to be patient this stuff can be painfully slow. (On perpose)

Response by SFC Mamerto Perez made Nov 10 at 2019 7:25 AM

SFC Mamerto Perez — Sun, 10 Nov 2019 07:25:53 -0500

See your Congressman

Response by Carlos Avery made Nov 17 at 2019 11:58 AM

Carlos Avery — Sun, 17 Nov 2019 11:58:41 -0500

Office of special Counsel, and maybe OIG

Response by SP5 Derick Johnsohne made Nov 18 at 2019 1:22 AM

SP5 Derick Johnsohne — Mon, 18 Nov 2019 01:22:54 -0500

somebody didnt like you . period . during my time i saw the same thing happen using physical fitness for discharge short of retirement requirements . same thing with sexual orientation : all of a sudden, different sexual orientation after 15 yrs+ of service became reason for discharge (then came clinton and the whole hullaballoo he created) . different sexual orientations have always been present in the service, always will be . the human factor is what caused the discharges, not the reason .

Response by MSgt Sam Stasik made Dec 13 at 2019 7:19 AM

MSgt Sam Stasik — Fri, 13 Dec 2019 07:19:23 -0500

I didn't see any of the evidence you mentioned you had. There are so many appeals these days it takes a very long time; have you checked to see if the Tile 10 - you didn't mention which section - has been repealed or amended? To start with were you under any orders not to associate with certain people after you self-identified? Was there booze in the house - even if it belonged to your house guest and wasn't yours? There has to be much more to the story to be discharged at 17 years. Since it was an administrative discharge, it wasn't punitive so the military didn't violate any laws or rights. Did you not enlist the assistance of a defense counsel? What exactly was the hostile environment? Were you told to remove the homeless Soldier and didn't? Since the Soldier was subordinate that would constitute fraternization, especially since you were of such higher rank. There are places that assist homeless Soldiers, as his supervisor you should have researched them and found him a place. Tell me the rest of the story so I can understand.

Response by MSG Private RallyPoint Member made Dec 26 at 2019 11:20 PM

MSG Private RallyPoint Member — Thu, 26 Dec 2019 23:20:13 -0500

We are all still waiting for the ENTIRE story. You have a very weak presentation here and zero facts. So I can only guess you have a very weak presentation and zero facts to present to any board that may listen to you. In the meantime I'll go get my popcorn.

Response by SP5 Derick Johnsohne made Jan 29 at 2020 1:52 PM

SP5 Derick Johnsohne — Wed, 29 Jan 2020 13:52:51 -0500

you havent mentioned your senator, try him/her too . get on the local news, maybe some influential/famous attorney might get interested . about the 1200 days deadline, check with an attorney if failure of prompt response/action could be in your favor for extending deadline . keep a list of all bureaucrats you talk/write to to implicate them in failure of prompt/appropriate action . bring up to the local/state news that your congressman/senator are not doing anything . bad publicity in election year may prompt them to action .
dont know what else to suggest . i am lucky i have never had to deal with such a situation . but i have kept records/copies of everything from my time of service in case it would ever be needed, considering how some vietnam era vets have been treated, mistreated and waylaid for years . i feel for you, sincerely, dj .