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Im active duty air force. Recently, I got reassigned to another…

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I'm active duty air force...
I'm active duty air force. Recently, I got reassigned to another squadron because I failed to meet academic standard in one of the class they sent me to. Because of it, they kick me out the squadron entirely, but the problem was there are people who was the same boat as I am, got a chance to stay with the squadron and also an opportunity to retake the class. It’s not fair obviously, but what I do? Is perusing Article 138 appropriate since it’s fall under "selective application of the administrative action"?
Submitted: 8 years ago.Category: Military Law
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Answered in 1 day by:
6/27/2010
Military Lawyer: P. Simmons, Military Lawyer replied 8 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,702
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Art 138 is a very powerful right...but its also a bit of a "last chance"...since it involves a request up the chain of command to the General....your basically claiming your Squadron Commander is not being fair.

But if you believe that is the case, that your Squadron Commander is not treating you fairly and you have no other way to solve (e.g. you tried to get the Commander to resolve and they have refused) they you can certainly file one if you likek

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Customer reply replied 8 years ago
I appreciated your response, I am aware of article 138 however what I can't not determin is, base on my circumstance do I have a valid argument of "unfair administrative action". Since commander always have that discretion to makes decisions within his authority, but sometime those decision are bias because of perception or personal preference yet not broken any regulation but clear unfair.. In my case four people in the same rank, all failed the same course, same average. all got to stay with unit and also have opertunity to to retake the course except myself. Commander have this perception of me that I cant make it throught the course, how can he make that judgment against me when other are just the same? I am being clearly single out. Base on the circumstance , would my commader able to rebuttal against 138 for unfair applicance of admin action.?



Military Lawyer: P. Simmons, Military Lawyer replied 8 years ago
Art 138 is all about fairness...if the commander is not treating you fairly, then you have a claim. It really is as simple as that.

Now, there may be other reasons that your not aware of for the other cases...each case is different. SO just because some other airman got a break and you did not is not, in and of itself, not "fair" to you. The commander has broad discretion in this matter. But if he is not being fair, that is grounds for a complaint.
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