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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18890
Experience:  Lawyer and current JAG officer.
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Getting a referred OER for not taking the APFT and weigh in

Customer Question

Getting a referred OER for not taking the APFT and weigh in during rating period. Ultimately it's my fault, but it was largely due to constant TDY and workload. Never failed a PT. I'm up for MAJ promotion board in March. Will this ruin my career and any chances for promotion in the future?
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes my Rater says he doesn't want to give me one but he's forced to if the only legal way option available.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Took my last APFT at the captain career course two months before current rating period started.
Submitted: 2 months ago.
Category: Military Law
Customer: replied 2 months ago.
Waiting on legal input
Expert:  Allen M., Esq. replied 2 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Long term, having a referral OER will make later promotions difficult, if not impossible. At Major though, it really depends on how well you ranked against your peers before the referral. Many people can still make Major with a referral.

The best way to try and do so is to pass a PT now, as soon as possible so that there will be a recent PT test pass in the record. This will indicate that you are not unable to pass the test, but that it was an administrative failure to get that testing completed in the appropriate time frame.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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