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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32810
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I received a Relief for Cause/Command and GOMAR resulting from

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I received a Relief for Cause/Command and GOMAR resulting from a 15-6 into discrimination. What grounds do I have to contest AR 623-3 para 3-25a(6), that requires a “significant" adverse deviation from EO? The IO came back with his investigation and subsequent re-investigation with no discrimination. Two of the three specified in the complaint have sworn statements disagreeing with any racial or gender based. My rater and senior rater also disagree with the findings. The CG filed locally (his first time doing so), but the OER action is shaping up to be just as career damaging as a OMPF filing.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

What you describe (if the GOMOR was filed locally) is an OER appeal. Have you requested an commanders inquiry yet? If so, result?
Customer: replied 3 years ago.
No there has not been a CI. I understood the RFC memorandum as a separate action from the GOMAR requiring it's own rebuttal (different from OER appeal). My rater stated that the OER would be referred and RFC because it was directed by the CG, and unless he attaches a separate memo pulling back the RFC, there was nothing he could do. The memo stated that I would be allowed to rebut, and there was confusion if this was part of the OER rebuttal or not.
It is true, the RFC requires formal counseling (this comes from AR 600-20). So this would carry a chance to respond to the general (who, ultimately has the decision to approve the RFC). But if the GOMOR was already issued, I do not suspect that would be an issue at this point.

You may want to focus on the OER. That process (the OER appeals process) is much broader than the due process requirements of the RFC. Specifically, if you can show that the OER is flawed, then HRC has the power to pull the OER. If the GOMOR is filed locally and the OER is pulled, this would significantly reduce the adverse impact of this event

To respond to your question

What grounds do I have to contest AR 623-3 para 3-25a(6)

If you look at the AR it provides

Significant adverse deviations from EO or equal employment opportunity program goals, programs, and objectives; “Relief for Cause” from duty as EO advisor.

This is not ambiguous...if there is evidence that an EO advisor significantly deviates from the program goals/objectives that is grounds for RFC.

So you mention that there are statements in support of your position? That is what you want to focus on. In order to have the OER removed, you need to convince either the commander (through the CI) or HRC (through the formal OER appeals process) that the OER was flawed and that the flaw was based on incorrect information.

If you can prove that your conduct did not significantly deviate from the program? That the allegations were inaccurate? Then you have a great chance to have the OER pulled.

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