Mine isnt a medical issue I am contesting...it is a GOMOR that was issued unfairly and never removed. I was hoping to know what others might think about my situation.
My docket number was AR20160002227
(http://boards.law.af.mil/ARMY/BCMR/CY2016/20160002227.txt).
Basically, I was an Active Duty Army officer (12+ years combined enlisted/officer time) given a GOMOR for suspicion of refusing a breathalyzer and DUI. I was involuntarily separated because of it (Honorable Discharge, but the draw down of personnel in 2015 called for a separation board and because I had a GOMOR in my records, I was selected for early separation).
While awaiting my civilian trial date (which took close to a year from the incident), I appealed the GOMOR through the CG who issued it, and was denied. I appealed the GOMOR through DASEB, but was denied. I went to state court (Georgia), where I was found not guilty of DUI. As far as the breathalyzer refusal, I never actually refused. I in fact, did the field sobriety test, and was asked if I was ready to take a breathalyzer. I asked if I had to take one and the police officer simply said "No", then arrested me. There is no evidence (outside of what is written on a police report) for refusing a breathalyzer UNLESS the arresting officer requests a hearing in traffic court (which if found guilty, you lose your license). In my case this never happened. I believe the officer felt I would lose in court for the DUI so never bothered with requesting a traffic hearing or suspending my license. I also applied for and was granted an expungement of the arrest basically stipulating all matters of the incident (including the police report) be removed from all agencies records and that it will not be used as a matter of record for stating I was guilty of anything. (I realize any time u see DUI people think immediate negative thoughts. In my case, this involved a couple drinks spaced out over hours, and a corrupt/egotistical police officer out for blood).
I sent a 20+ page letter detailing all of this, with a bunch of enclosures. Their response and decision was matter of factly to the point that they thought it sounded like I refused to take the breathalyzer, so I deserved the GOMOR, and subsequently deserved to be separated.
I got out as an O-3, and I'm 38 years old now. I work as a contractor for the Army now. I would ideally want to have the GOMOR removed, be backdated time-in-service/time-in-grade (not sure if possible retroactive pay is a possibility, but I'm not worried about that), and be reinstated to Active Duty to finish out my time until retirement. If not, I would at least like the GOMOR removed, so that I could apply and be accepted for Reserves/National Guard to at least get some kind of pension for the time I've already served. I cant even get a federal job because the reprimand is in my records. So despite being found innocent and having the matter expunged outside of the Army, the GOMOR still remains affecting my retirement and ability to do anything outside of federal service.
I contacted NVLSP today to see what they say, but I'm not medically disabled or hurt or anything; just unfairly being thrown to the wayside. I may contact some law firms if I can find any that normally handle cases like this in federal court.
Do you have any thoughts, opinions, or advice on any of this? I truly appreciate any insight anyone could provide. Thanks.