Army Regulations
Army Regulations
Posted on Nov 8, 2019
How can I get the Army Review Board to rule on my case?
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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.)
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.)
Office of the President (POTUS)
Army Regulations
Congress
Ethics
Posted >1 y ago
Responses: 17
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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.
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.
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1SG (Join to see)
SFC Robert Barenberg - I feel for you, I really do. That is a bad beat when the wife leaves, and a tough draw when you have to be a single dad. That was me a couple years ago.
When I ask you questions, it isn't because I am busting your balls. It is because I know how that board works and by teasing out some of the background, I can give you a realistic view of your prospects.
From an official Army standpoint, you have a RFC NCOER which would lead to QMP. You are a graduate of ASAP. In and of itself, that is fine, but the circumstances surrounding your enrollment is pertinent to your case, and the fact you went will invite documents that *might* besmirch your character.
On your side of the ledger, you have a long career of success. Evals, awards, etc.
But really, this will boil down to the chain of events surrounding your discharge. And you will have to show that it was unjust, improper, or prejudicial to you personally. That is a tough lift, but doable if you have correspondence that shows it.
As for your next step and all of the delays, I think one of the other posters has it right. Involve another Congressmember's office. One of your two Senators perhaps. If your Representative is not responsive (or worse, as you hint at) try them. The timeline you describe is unacceptable. I do believe that you are entitled to a timely review of your case.
I wish you luck. I hope the facts support your case. It is a hard kick in the nuts to get out at 18 years.
When I ask you questions, it isn't because I am busting your balls. It is because I know how that board works and by teasing out some of the background, I can give you a realistic view of your prospects.
From an official Army standpoint, you have a RFC NCOER which would lead to QMP. You are a graduate of ASAP. In and of itself, that is fine, but the circumstances surrounding your enrollment is pertinent to your case, and the fact you went will invite documents that *might* besmirch your character.
On your side of the ledger, you have a long career of success. Evals, awards, etc.
But really, this will boil down to the chain of events surrounding your discharge. And you will have to show that it was unjust, improper, or prejudicial to you personally. That is a tough lift, but doable if you have correspondence that shows it.
As for your next step and all of the delays, I think one of the other posters has it right. Involve another Congressmember's office. One of your two Senators perhaps. If your Representative is not responsive (or worse, as you hint at) try them. The timeline you describe is unacceptable. I do believe that you are entitled to a timely review of your case.
I wish you luck. I hope the facts support your case. It is a hard kick in the nuts to get out at 18 years.
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SFC Luis (Coolwhip) Ochoa
Recruiter for 12yrs, ok there’s something fishy in your story! Tell about how a “homeless” SSG made it to your place and about your kids not able to get her medicine? Honorable Discharge she should still have medical insurance!
Tell the truth SFC Robert Barenberg
Tell the truth SFC Robert Barenberg
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SFC Robert Barenberg
Administrative Discharge I got nothing, not even separation pay. Lost my insurance when I got out, wasn't given anything to replace it. SSG was ETSing and moved his family out of state about 10 months early. Sorry that's so hard to believe.
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LTC Margo Peel
This doesn't sound right; if the discharge was honorable and you were on active duty, you and your dependents should have received 120 days medical benefits I think.
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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.
Best of luck and keep fighting. Just remember the wheels of justice grind slowly.
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SPC Erich Guenther
SFC Robert Barenberg - I will second that. Senators staff has more budget and in Texas at least is more responsive to Veterans issues.
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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
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
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SFC Robert Barenberg
If it comes to that I will. Just really wish people would do their Jobs. Thanks for the advice.
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SGT Jet West
From your post, it appears it has come to that and people aren't doing their jobs or they are so understaffed your life is being wasted while your situation is righted.
Sadly, for all of our we're #1, greatest country in the world, American exceptionalism and similar self-delusions, our society simply doesn't work very well at the individual level.
Your situation isn't unique. Many others, particularly sexual abuse victims, don't receive the attention they should until they move their situation into the public eye.
People and organizations that lack the integrity to do what they should have an aversion to public examination of their behavior.
There are endless instances of people who couldn't get the time of day from a company's customer service department who had their grievance miraculously addressed and resolved within hours of posting their experience on social media (FaceBook/Twitter, et al).
If your grievance is warranted you will need to do more than write a nice letter seeking redress. In doing so, should you decide to complain a bit louder in the public square, it is quite possible you will help those who come after you since the only thing organizations hate worse than being in the public eye is being in the public eye twice for the same issue. Or, who knows, maybe it is a situation where the organization knows very well what they are doing is wrong, but since no one complains they just continue doing business as usual until someone finally complains.
Whatever you decide, good luck.
Sadly, for all of our we're #1, greatest country in the world, American exceptionalism and similar self-delusions, our society simply doesn't work very well at the individual level.
Your situation isn't unique. Many others, particularly sexual abuse victims, don't receive the attention they should until they move their situation into the public eye.
People and organizations that lack the integrity to do what they should have an aversion to public examination of their behavior.
There are endless instances of people who couldn't get the time of day from a company's customer service department who had their grievance miraculously addressed and resolved within hours of posting their experience on social media (FaceBook/Twitter, et al).
If your grievance is warranted you will need to do more than write a nice letter seeking redress. In doing so, should you decide to complain a bit louder in the public square, it is quite possible you will help those who come after you since the only thing organizations hate worse than being in the public eye is being in the public eye twice for the same issue. Or, who knows, maybe it is a situation where the organization knows very well what they are doing is wrong, but since no one complains they just continue doing business as usual until someone finally complains.
Whatever you decide, good luck.
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