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My husband received a referral OPR 1.5 yrs ago right before…

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My husband received a...

My husband received a referral OPR 1.5 yrs ago right before starting a 2 year program through AFIT. He has not had any additional performance reports because he is not stationed at a base and not directly reporting to a commander (we are geographically separated). He is trying to get this referral OPR removed from his record. He tried to fight it when it first occurred going through the appropriate lines, but the group commander did not appoint an investigating officer and only personally spoke with the commander who wrote the referral OPR Do we have any options for fighting this? My husband has performance reports just prior to the referral OPR that he is meeting or exceeding standards and was also filling in for the squadron commander while the commander was TDY up to 3 weeks prior to the commander giving him this referral OPR

Lawyer's Assistant: Are you overseas or stateside?

It just does not add up...how can he be confident in my husband to have him fill in at the squadron level and then 3 weeks later say he is routinely or deviated greatly from standards? stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

He has been trying to for 1 1/2 yrs the problem is we are not stationed at a base as my husband is doing training through a civilian university which also does not make sense. How can someone that got a referral OPR (or is that bad of an officer) get sent to training in the civilian world representing the AF?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We just tried to go through the records appeal board to and they say they have to side with the commander, by default, unless we have any additional information that would refute the commanders position. so at this point they will not remove it

Submitted: 6 months ago.Category: Military Law
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11/22/2017
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,264
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

I am sorry for this dilemma. But not sure I understand your specific question. You ask about appealing the OPR...but you seem to indicate you have already done so...is that the case?

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