LOD Appeal
- Thread starter BDUBL
- Start date
Which branch are you in? What are you trying to appeal? Is NLD-DOM Not in the Line of Duty - Due to Own Misconduct? I read a little on your other thread. I've been deep in this fight, but I've been fighting the Air Force. I would need to know which branch to see what your departmental regs and policies say. DoDI is broad for all branches, but gives leeway for each branch to make departmental policies.
Army Title 32 AGR Active guard reserve
Are you fighting the NLD-DOM to keep the VA from denying you as well? I see that you have a 20 year AGR retirement locked in. I can do some digging into AR 600-8-4. Your COAs seem to be to appeal the NLD to make them an in service event for the DES. From my experience, just be prepared to be steam-rolled in the DES. If you are unsuccessful in the appeal and the DES does not side in your favor, your next step would be a BCMR. If you are unsuccessful there, then your last recourse would be to bring suit.
Whatever the outcome, I would definitely appeal the LOD. Unfortunately, military attorneys are not that voracious at helping you while you are in. This would lead to attaining a civilian attorney. I do not know what your appetite is to fight this, but a civilian attorney is a huge financial burden. I am at $10k in my case, and I am still in the DES.
Whatever the outcome, I would definitely appeal the LOD. Unfortunately, military attorneys are not that voracious at helping you while you are in. This would lead to attaining a civilian attorney. I do not know what your appetite is to fight this, but a civilian attorney is a huge financial burden. I am at $10k in my case, and I am still in the DES.
I have submitted a request for extension to appeal. The state reviewing authority did not follow regulation AR 600-8-4 Appendix C, C-1 where it states I was supposed to be notified the in writing first time a NLD-DOM was being contemplated against me. That would have given me a chance to get all of my evidence together before it even left the state to go to NGB for final approval. The final approver did not have all of the details!!!!
I don’t think you will find much for examples. However, you should be able to submit an appeal in memo format. You need to look at the denial memo and specifically address the points you think are in error and how this mistake resulted in incorrect findings.
I may add that referencing periods of good conduct will help you at your appeal. Like periods of sobriety, good grades in school, character references from people in your community like a priest or teacher, and maybe some old fashioned volunteer work. Anything to help you look better than in the state that you were in for what they're probably referencing. I had an LOD that went south too for PTSD. Was going to be NLD-DOM but their argument of EPTS and soldier negligence fell through when the appointing authority officer on the investigation notated that there was no evidence of misconduct. So they changed it to a NLD-NDOM. I'm not in process of pro se representation fro the Board of Corrections seeking medical disability retirement.
Anywho, what youre trying to show the appeal adjudicators is that you haven't fallen into a bad pattern so to speak and like I said good character references, good grades, volunteering, and maybe not in your case or maybe so sobriety all makes you look good. This character evidence will be taken seriously into consideration at the Board from what I researched.
Anywho, what youre trying to show the appeal adjudicators is that you haven't fallen into a bad pattern so to speak and like I said good character references, good grades, volunteering, and maybe not in your case or maybe so sobriety all makes you look good. This character evidence will be taken seriously into consideration at the Board from what I researched.
I have the police report from the state trooper that states “no signs of impairment” I have a statement from the Parish cop that was next to me the entire time that I was pinned under my truck that states “no signs or impairment” and I had a coworker that was in the ER with me write a statement. About the condition of the patient in the adjacent room. The approvers are going straight off of the blood alcohol content that showed .24 "Which was not correct". My blood got accidently mixed up with a guy in the adjacent room that was F-ed up like Hogans goat and had to be restrained to the bed by law enforcement. Thie nurse even came in a said “man that dude’s messed up on something”. I went to the hospital 3 times to try and clear myself, but the administrator said it was a one time stick and my blood is no longer on file. I asked her to provide me a memo just stating that it could have happened and there is no way at this time to prove the blood was mine. She said she could not do that. I put all of this in my appeal, and I am hoping they read it and see the injustice I am receiving. I have three major injuries from that wreak that will require following on care later in life. We’ll see if they read the statements or just do what they did last time and agree with my state surgeon office finding of NLD-DOM just because of the BAC in the discharge report. You would think per AR 600-8-4 they would see the trooper and first responders statements that say NO SIGNS OF IMPAIRMENT and find it ILD!!!!!
In addition to the statements you have, you should probably get statements from those around you beforehand stating what they observed, or did not observe. Very likely, the surgeon who reviewed the LOD is not an expert in the field. It can be expensive, but you could retain your own medical expert to provide a statement. You mentioned that there were major injuries that will require lifelong treatment, so you might want to talk to a private attorney about representation - but this also can be expensive.
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@BDUBL As a former Marine JAG, fed gov FPEP attorney, and civilian PEB attorney, I will tell you that your case would not be cheap. Drafting anything takes a huge amount of time to be thorough and ensure all points are covered. Moreover, doing LexisNexis or Westlaw research is never lightning fast. Because I can't give legal advice on these types of forums, I will simply stay this: any argument you make should follow the IRAC (issue, rule, analysis, conclusion) format to ensure you get your point across clearly. The fastest way to lose an adjudicator is to have meandering writing.