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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14457
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a senior major in the army reserve who was promoted to

Customer Question

I am a senior major in the army reserve who was promoted to LTC effective date 1-June-2016, I received notice 2-Aug-2016 that I must appeal before the Promotion Review Board because my promotion was rescinded on 31-May-2016 due to my having received a referred negative) OER from my rater for 2014-2015 and due to informal rebuttal review process between my rater LTC who is my CDR) and Senior rater my BDE CDR. This year was the best year I had during my military career related to performance and accomplishments. My first eval from my CDR was great (he stated that “He helped him turn the Battalion around”) I received no negative counselings, no mandatory quarterly counselings after the initial mandatory counseling. NOW I MUST FILE A REBUTTAL TO THE PROMOTION REVIEW BOARD.
MOTIVE FOR NEG EVAL: My CDR unveiled my intent to report to his replacement that my CDR had ordered a senior enlisted Soldier to falsify a DA form 5500 (HGT/WGT) card in order to promote a historically overweight CPT and he called me into the office admonished, ordered me to no longer show up for drill, instead RST for 60 days, to find and transfer to another unit within that 60 days but within 30 days he order I not be paid for the 60 days.
CDR EVIDENCE: No form of any negative formal or informal counselings, no complaints, and/or no investigations, not discipline against me.
MY EVIDENCE: my Support Form of annotated performance and accomplishments during the rating period, sworn statements of other superiors, peers, and subordinates.
D1 Character – “MAJ Cornish did not consistently demonstrate character attributes expected at the field grade officer level, and as defined in ADRP 6-22” MAJ Cornish frequently lacked the discipline to maintain military bearing when discussing work-related issues with his peers and chain of command.”
D2 “During multiple Battalion training events and staff meetings, MAJ Cornish inconsistently demonstrated core leadership competencies, specifically on influence techniques and trust/rapport-building with peers and subordinates.”
D3 “He struggled with fundamental character presence attributes by displaying limited perspective and resistence during battalion-driven exercise.”
D4 “His lapse in self-awareness, particularly when interacting with peers and chain of command, resulted in unnecessary escalations and disruption to unit productivity.”
D5 “He has 8 UNSATs for TY15.”
D6 “MAJ Cornish’s performance over the rating period was not fully commensurate with his grade and time in service. He adequately completed assigned tasks as an LNO during CSTX and contributed to the unit’s AAR briefing.”
D7 “Throughout multiple events and informal counseling sessions MAJ Cornish required constant guidance and commander intervention over the last 12 months.
D8 “His lateness and lack of attendance to key leadership events was disruptive.”SENIOR RATER RECOMMENDATION: That I be retained at my current rank of MAJ
JA: Because education law varies from place to place, can you tell me what state this is in?
JA: No. I'm the Military Lawyer's Assistant.
Customer: my name is*****(###) ###-####9187 and email is***@******.***.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I made my 18 year sanctuary time on 5-Jul-2016 and will be applying for sanctuary also.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this? Are you looking for someone to help you pen the rebuttal?