How do I begin the Appeal process for the QMP or what does the memo look like or say?

SSG Private RallyPoint Member — Tue, 10 May 2016 11:43:08 -0400

How do I begin the Appeal process for the QMP or what does the memo look like or say? Need help only have about a week or two before it is due.

Response by SGM Erik Marquez made May 10 at 2016 11:47 AM

SGM Erik Marquez — Tue, 10 May 2016 11:47:11 -0400

Go see your legal office, they may have a example for you, if not, try IG.. If neither, make a request through the IG for just such a memo example. Ensure they understand the timeline and get them to state if they intend to supply the example in a timely manner so as to be useful to you in your appeal.
Absent that available example, you can not go wrong using memorandum format found in the Reg (AR 25-50)
Write it, have it checked for grammatical errors, then make an office call on your S/G1 and ask the expert to review the format. After that request an office call with your CSM asking for a review of the whole of the appeal.

Response by SPC Paul Jennings, J.D. made May 10 at 2016 12:45 PM

SPC Paul Jennings, J.D. — Tue, 10 May 2016 12:45:40 -0400

Here is an example that was given to soldiers in my wife's unit who faced a QMP. If your response is broken down into different enclosures with tabs, it makes it easier for the board to read it, however, I seem to remember they also allowed for electronic submission so some form of table of contents could be useful if done in that manner.

The big thing is whether your appealing based on a claim of improved performance or material error. In the case of performance, it's all about showing why your a great solider and how you improved. With material error, you need to show that the underlying facts that led to your QMP are flawed or not in accordance with Army regulations. Purely anecdotal, but it seems the Board approves performance appeals more often since it doesn't really require you to overcome any specific burden of proof. The soldiers my wife commanded that beat the QMP often included both arguments in their appeal and the ones that prevailed generally did so based on improved performance, however, at least one did overcome the QMP based on material error, but they had a very well written legal appeal and a ton of supporting evidence. Those that didn't win with the Board did have the option to appeal to the ABCMR, but they were separated by the time their appeals went up so I can't comment on how that worked out.

Response by SSG Private RallyPoint Member made May 10 at 2016 1:38 PM

SSG Private RallyPoint Member — Tue, 10 May 2016 13:38:30 -0400

I faced QMP last year and was retained, I used my battalions letterhead , and wrote to the president of the board and its members, I also wrote one letter of mitigation explaining the events that lead to my bad paper... Some advice when you write the letters be humble, take ownership and show your progress since then. I'll keep all those facing the QMP in my prayers good luck bro!

Response by SSG Private RallyPoint Member made May 10 at 2016 5:45 PM

SSG Private RallyPoint Member — Tue, 10 May 2016 17:45:26 -0400

I am also going through the process. I am sure our appeals are completely different seeing as I am under fire for failing to attend ALC and my appeal basis is deployment and my little ones being 13 months apart. But if you hit me up on Global I can send you what I have to get you started..I am fortunate enough to have some pretty good mentors that have been helping me out. Jensen, Lauren C. on global.

Response by SSG Private RallyPoint Member made May 12 at 2016 1:38 PM

SSG Private RallyPoint Member — Thu, 12 May 2016 13:38:16 -0400

I'm not appealing because I'm done with this process because it's not worth it. I'm going to move on and start a new chapter.

Response by MAJ Michael Kavanagh made May 12 at 2016 4:31 PM

MAJ Michael Kavanagh — Thu, 12 May 2016 16:31:29 -0400

I highly recommend you see your local legal assistance office or hire an attorney with experience with this specific process. It is not only what you say, it is how you say it. Trust me, you don't want to ask you S-1 - they won't know anything more than maybe the formating or what the ALARACT says. Templates are a start but you need to be telling the board what they need to hear and not making some generic request to retain you - highlighting the correct items and explaining the issues that triggered the QMP are critical. It is your career on the line - protect it and ensure you go into the QMP Board on the best possible footing with a well crafted memo. I have seen Soldiers with only a slim chance of retention get retained and it is most likely because their QMP Packet was so good - it was obvious to the board that the Soldier cared about his career and took the time in doing his packet proving it.

Response by SSG Private RallyPoint Member made May 17 at 2016 1:16 AM

SSG Private RallyPoint Member — Tue, 17 May 2016 01:16:29 -0400

I am going through the same process due to unjust NCOER ratings

Response by MAJ Michael Kavanagh made May 19 at 2016 2:25 PM

MAJ Michael Kavanagh — Thu, 19 May 2016 14:25:05 -0400

Be cognizant of the fact that if you use a template, the board will know it - if it is just the shell that's different. You need to really sell yourself on this - no grammar mistakes, bold attention grabbing language. You get one shot to explain why they should pick you and not one of the dozens of others. Everyone will be saying yes, I made a mistake (if it's misconduct) and they learned from the mistake yada yada yada. You need to stand out from your peers going through the same board. If you haven't sought legal assistance whether on post or a private attorney, I highly recommend you do so. You are certainly welcome to contact me - [login to see] or my website mpkavanaghlaw.com