Have Military Law Questions? Ask a Military Lawyer.
When you say you'll be out soon, are you being sent to an administrative separation board, or have you already been?
Unfortunately, there's no easy fix. It would actually be easier to fight if you were being boarded. You are being separated for failing to be promoted, which you really cannot fight.
What you can do is apply to the AF board of correction for military records, and request that they reverse your NJP. If they agree to reverse your NJP, you can then ask that they backdate your date of rank and promote you, or, alternatively, apply to re-attend the course or find some other course to be promoted.
As you can see there are many variables to undo being passed for promotion.
But, applying to the board of corrections is your best first step.
For what purpose? To sue the Air Force?
I understand. And you want to know whether you have a case against the PD.
The answer is, yes, you can sue the PD for false arrest. It is a difficult case to prove, however. You'll need to prove that the arresting officer knew that no crime had been committed, and intentionally arrested you knowing such.
If a complaint is filed, the PD is typically covered, unless, of course, the arresting officer has falsified the report.
If that happens, then you are entitled to collect from the PD.
If you intend to sue the police department, you're going to need to hire an attorney. Your attorney will be able to get a copy of any paperwork they have as part of the discovery process in your civil suit.
I do not know any civil attorneys in Hawaii.
But, I can recommend going to the Hawaii bar association's website. There will be resources on the site that will assist you in finding a civil attorney that handles such issues.
Keep the following in mind. First, you shouldn't have to put any money down. If the attorney believes the case has merit, he should take the case on a contingent fee. Second, ask the attorney if he has experience in suing the police department for false arrest.
If you have any further questions, I'd be happy to assist.
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