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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32789
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was recommended for an award for service dating back to the

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I was recommended for an award for service dating back to the early 80s. The Human Resources Command and ARBA have refused it. The recommendation was done properly, followed AR 60-8-22, was endorsed by a congressman and forwarded through the proper channels. I recently had to sue the ABCMR in federal court and I think this may have influenced their decision. It was refused by spurious reasons in a letter to my congressman saying my records didn't show a succession of challenging command assignments, but that seems to rule out awards given to staff officers. I believe my 14th amendment rights to procedural due process may have been violated. Does the Court of Claims have the authority to make the award as part of an appellate process if the case can be made?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The federal court of claims does, indeed, have appellate authority over the Board of Corrections for Military Records (BCMR).

If you can show that the BCMR abused its discretion? Then the court of claims can reverse any decision made by the BCMR. No issue with that.

But you have the have to show "abuse of discretion". Basically, you have to prove that based on the facts presented to the BCMR, the result that they should have reached was obvious and that the BCMR abused its discretion in is ruling. This is a tough standard to meet. Perhaps not impossible...but you really need a case that is clear on its face...leaves no room for denial when you filed it
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 3 years ago.

But do they have authority in a case involving a denied award rather than just a pay or contract issue?

Yes. They do...again, based on "abuse of discretion" standard.

The court of claims is the appellate authority for the BCMR. So you can bring a claim, but you have to show "abuse of discretion" with the decision of the BCMR. You have the burden to prove the BCMR abused its discretion. If you can, the court of claims has the power to order the secretary of the service to make the records change.
Customer: replied 3 years ago.

That's what I needed to know. Thanks...


Best of luck to you sir.
Customer: replied 3 years ago.

By the way, if I need representation, how do I contact you by phone?

Thank you for the compliment sir. But the rules of this website prohibit me from soliciting contact outside this forum. I am not allowed to seek to represent you individually...that would violate the rules of this forum.

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