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Can I appeal an informal AR-15?

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susanlj424

Junior Member
What is the name of your state? VA
Ok this is a question that has been concerning me. Can I appeal a AR-15 informal investigation? My husband is the one in the Army and I suggested that he not roll over on this and fight it to the max. His NCOER has the AR-15 investigation on it and they said that it was determined that it was more likely to happen than not to happen. The situation is that he had 2 female soldiers claim sexual harassment after he determined they stole things from his soldiers. Of course he out ranks them and one soldier got into his face and said that he "is going down". My husband had 21 people that heard her say this and signed sworn statements. Our concern is that the commander who HATES my husband, was out to get him and decided to do all of this for as retailation. Can anyone help or suggest what I can do to clear this from his record?
 


fozzy2

Member
There is not a lot you can do, realistically. As long as the formal investigation was properly done (there aren't many rules) it is pretty much stuck there. That really is about your only hope, a procedural error, getting an investigation overturned on "the facts" is not likely to happen. I presume they made a "finding" that it was more likely that it happened than not (sexual harrassment). Did they also make a recommendation? (I.E. that he be criminally charged or discharged or whatever?").

Perhaps your husband doesn't want to fight for a reason. Like guilt, or perhaps fear of worse things coming to light. I just have to bring that up because in my experience the two people most likely to get lied to are: spouses and COs. Sad, but true. In theory they should be told the unvarnished truth, in reality they often get a bright and shining lie.
 

badapple40

Senior Member
Appeal the 15 -- it must be done within, I believe, 7 days of the imposition of punishment. Or, was he investigated, they did not find him guilty of the Article 15 offense, and then put it in his NCOER to tube his chances of promotion? If the later, take the matter to the Army Board for the Correction of Military Records and get them to order the matter removed from his report.
 

susanlj424

Junior Member
It was an informal investigation and there was no recommendation for anything to be done. It was only put on the NCOER to deter my husband to be promoted. The CO hates both my husband and I. I used to be the company's FRG leader and I personally called the BOSS line to report the CO for his lack of interest with the FRG. So he was PISSED to say the least. So what better way to get back at the both of us by hurting our pockets. My husband has had EXCELLENT NCOERs in the past and now there is this one. He also got a Bronze Star and an MSM and has only been in 15 1/2 years. We're worried this is the career ender NCOER.

fozzy2 said:
There is not a lot you can do, realistically. As long as the formal investigation was properly done (there aren't many rules) it is pretty much stuck there. That really is about your only hope, a procedural error, getting an investigation overturned on "the facts" is not likely to happen. I presume they made a "finding" that it was more likely that it happened than not (sexual harrassment). Did they also make a recommendation? (I.E. that he be criminally charged or discharged or whatever?").

Perhaps your husband doesn't want to fight for a reason. Like guilt, or perhaps fear of worse things coming to light. I just have to bring that up because in my experience the two people most likely to get lied to are: spouses and COs. Sad, but true. In theory they should be told the unvarnished truth, in reality they often get a bright and shining lie.
 

susanlj424

Junior Member
badapple40 said:
Appeal the 15 -- it must be done within, I believe, 7 days of the imposition of punishment. Or, was he investigated, they did not find him guilty of the Article 15 offense, and then put it in his NCOER to tube his chances of promotion? If the later, take the matter to the Army Board for the Correction of Military Records and get them to order the matter removed from his report.
It was in fact the later...and we are going to appeal it all and do what we can to wipe this **** off. Thanks for the info. I appreciate your input. :)
 

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