Hello Everyone questions about legally changing denial of AGCM

[Andy104]

What is the name of your state? Alaska AKA Hell
Hello Everyone, have not been around in awhile and looking forward to getting back involved with the conversations.
For those that know my case they will be able to pull it. I have learned from the school of hard knocks.
After everything was over, i commenced to unleashing every form of redress against the command that was messing with me. That is something about DUTY! Doing what is right even in the face of adversity!
It started after i went to the IG and Senator Richard Shelby (Alabama Senator for my home of record.) the command was investigated by IG, i do not have any juicy info only that i thought everything was working out grand, when my CO called me into her office and denied the Army Good Conduct Medal due to the letter of reprimand. Now that is not nothing big, the kicker was she used the fact of the basis for her denial "Your local letter of reprimand." Well that allowed me to instantly file an article 138 against her, as well as the hospital commander. which i have done, i have yet to get my response from them as of yet. I will keep you informed on this.

however i was called before her this AM and was given another re-written "Denial for" the AGCM. Totally re-worded, and basically accusing me of the same garbage that i denied a company grade art 15 for and went for courts martial with and won by default when there was no evidence. I am at my witts end however in my latest rebuttal i pointed out "it is clear that this whole process has turned into a personal vendetta against me"
If they did not have enough proof to courts-martial me over something can she possibly defend herself against a slander and liable charge? And how do i go about requesting an investigation from MEDCOM or some other higher agency into this matter?
I know some of this will not make since however it is written while i am still upset, i will be able to provide clarification as needed. Maybe ShortyLong can link my old file to this one.
By the way if you are from Alabama and Richard Shelby is your senator, do not even worry about sending him a complaint or ask for help, he has been totally useless in my case. Not even so much as a response, he will not be getting my vote.

[redleg17]

AR 600-8-22 states that if a SM disputes the decision to award the ACGM:

If the commander_s decision remains the same, the commander will forward his or her memorandum, and the individual_s statement, and his or her consideration to Commander, U.S. Army Enlisted Records and Evaluation Center, ATTN: PCRE_RP, 8899 E. 56th Street, Indianapolis, IN 46249_5301. These documents will be permanently filed in the Soldier_s Official Military Personnel File (OMPF). The commander will forward a copy of the documents to the Personnel Services Company (PSC) and the Personnel Automation Section (PAS) chief to update Electronic Military Personnel Office (eMILPO).

Not to sound cruel, but it looks like the the Army's official policy is for the commander to review his OWN decision, say "whatever", and then send everything up higher. You may have been robbed. I never got my GCM at ETS.... imagine the hassle of trying to convince a Reserve unit to amend the issue. No one will care, because they feel it's worthless anyway, but don't understand that look you get when people look at the service stripes on your A's, count the oakleaf clusters on your GCM and wonder what you did to not deserve a medal that everyone gets unless they screwed up.

[SHORTY LONG]

Originally Posted by Andy104

What is the name of your state? Alaska AKA Hell
Hello Everyone, have not been around in awhile and looking forward to getting back involved with the conversations.
For those that know my case they will be able to pull it. I have learned from the school of hard knocks.
After everything was over, i commenced to unleashing every form of redress against the command that was messing with me. That is something about DUTY! Doing what is right even in the face of adversity!
It started after i went to the IG and Senator Richard Shelby (Alabama Senator for my home of record.) the command was investigated by IG, i do not have any juicy info only that i thought everything was working out grand, when my CO called me into her office and denied the Army Good Conduct Medal due to the letter of reprimand. Now that is not nothing big, the kicker was she used the fact of the basis for her denial "Your local letter of reprimand." Well that allowed me to instantly file an article 138 against her, as well as the hospital commander. which i have done, i have yet to get my response from them as of yet. I will keep you informed on this.

however i was called before her this AM and was given another re-written "Denial for" the AGCM. Totally re-worded, and basically accusing me of the same garbage that i denied a company grade art 15 for and went for courts martial with and won by default when there was no evidence. I am at my witts end however in my latest rebuttal i pointed out "it is clear that this whole process has turned into a personal vendetta against me"
If they did not have enough proof to courts-martial me over something can she possibly defend herself against a slander and liable charge? And how do i go about requesting an investigation from MEDCOM or some other higher agency into this matter?
I know some of this will not make since however it is written while i am still upset, i will be able to provide clarification as needed. Maybe ShortyLong can link my old file to this one.
By the way if you are from Alabama and Richard Shelby is your senator, do not even worry about sending him a complaint or ask for help, he has been totally useless in my case. Not even so much as a response, he will not be getting my vote.

Alaska, OMG! Welcome back Andy, yes it has been awhile. The honorable
Colonel Badapple40 went over yonder about 2 months ago, and [no] one as
I am aware of has heard from him to date.

Andy, take a look at this link: http://armed-services.senate.gov
From what you described on what's happening, I hope this will help for now.
I must go, and will do my best to recover if possible your original post/situation.

Take care, and keep the bears off your... and whatever the rubberduck song said thereafter.

[redleg17]

A "Congressional" is easy, you don't even need that link... contact the office of your Representative for your district or one of your State Senators from your "Home of Record"....that easy. Their office will collect information from you and then get back to you with an answer.

I have a little experience with "congressionals" and I just have a little warning...their power is a little overstated. The Senator's/Representative's office will contact Department of the Army (DA), who will get the pertinent information and report back to him/her. If the Army's answer sounds reasonable....the train stops there. Also, a Congressman can NOT compel DA to do anything other than investigate and report the findings to him/her, it is DA that decides if an injustice has occured based on that information. Congress has oversight power over the military, provides funds, and dictates the strength/numbers/basing, the Executive Branch alone has the authority to issue orders.

Your command WILL find out about the Congressional, and I think we both know that there are plenty of things they can do to you in the military to make your life uncomfortable. You have to decide if you are willing to take additional flak, since you will get some whether the Congressional is successful or not.

[SHORTY LONG]

Do you not have the Congress mixed up with the Senate? Are they not day and night to
one another. After all, the Senate Committee for the Armed Forces oversees...

[redleg17]

Originally Posted by SHORTY LONG

Do you not have the Congress mixed up with the Senate? Are they not day and night to
one another. After all, the Senate Committee for the Armed Forces oversees...

I could be wrong, but I believe that the Senate is one of two legislative bodies that make up the Congress.

Representatives can also do a "Congressional", it's simply a Congressmembers inquiry into the actions of our government, not necessarily just the military.

[SHORTY LONG]

Congress makes the Laws, and then it goes to the Senate for adjustments, etc.
Note, the link is to the Senate Armed Forces Committee.

[mtnstyne]

It is scary to read a legal advice thread and come across a discussion about the basis of all our laws and it be so far off...lol. Hope this helps you out, it is something I learned in about 6th grade...this should remind all that you should take all advice with a grain of salt, especially if you don't know the credentials of the source.

The United States Congress is the legislature of the federal government of the United States. It is bicameral, consisting of a Senate and House of Representatives. The House of Representatives has 435 voting members, with each member representing a congressional district and serving a two-year term. House seats are apportioned among the states on the basis of population. American Samoa, the District of Columbia, Guam, and the United States Virgin Islands send non-voting delegates to the House; Puerto Rico sends a non-voting Resident Commissioner who serves a four-year term; and the Northern Mariana Islands are not represented. The Senate has 100 members serving staggered six-year terms. Each state has two senators, regardless of population. Every two years, approximately one-third of the Senate is elected. Both senators and representatives are chosen through direct election.

The United States Constitution vests all legislative power in the Congress. While the House and Senate are generally equal partners in the legislative process (legislation cannot be enacted without the consent of both chambers), the Constitution grants each chamber unique powers unavailable to the other. Article II of the Constitution gives the President "Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Bills for raising revenue must originate in the House of Representatives, which also has the sole power of impeachment of federal officers, while the Senate has the sole power to try cases in which the House has voted an impeachment.

The Congress meets in the U.S. Capitol in Washington, D.C. The term Congress may also refer to a particular meeting of the Congress, reckoned according to the terms of representatives. That is, a "Congress" covers two years with the first year called the First Session and the second year called the Second Session. The current 110th Congress first convened on January 4, 2007.

[redleg17]

Originally Posted by SHORTY LONG

Congress makes the Laws, and then it goes to the Senate for adjustments, etc.
Note, the link is to the Senate Armed Forces Committee.

I think you're missing my point. He needs to contact HIS Senator or Representative.... not the Senate Armed Forces Committee.

[SHORTY LONG]

Originally Posted by Andy104

What is the name of your state? Alaska AKA Hell
Hello Everyone, have not been around in awhile and looking forward to getting back involved with the conversations.
For those that know my case they will be able to pull it. I have learned from the school of hard knocks.
After everything was over, i commenced to unleashing every form of redress against the command that was messing with me. That is something about DUTY! Doing what is right even in the face of adversity!
It started after i went to the IG and Senator Richard Shelby (Alabama Senator for my home of record.) the command was investigated by IG, i do not have any juicy info only that i thought everything was working out grand, when my CO called me into her office and denied the Army Good Conduct Medal due to the letter of reprimand. Now that is not nothing big, the kicker was she used the fact of the basis for her denial "Your local letter of reprimand." Well that allowed me to instantly file an article 138 against her, as well as the hospital commander. which i have done, i have yet to get my response from them as of yet. I will keep you informed on this.

however i was called before her this AM and was given another re-written "Denial for" the AGCM. Totally re-worded, and basically accusing me of the same garbage that i denied a company grade art 15 for and went for courts martial with and won by default when there was no evidence. I am at my witts end however in my latest rebuttal i pointed out "it is clear that this whole process has turned into a personal vendetta against me"
If they did not have enough proof to courts-martial me over something can she possibly defend herself against a slander and liable charge? And how do i go about requesting an investigation from MEDCOM or some other higher agency into this matter?
I know some of this will not make since however it is written while i am still upset, i will be able to provide clarification as needed. Maybe ShortyLong can link my old file to this one.
By the way if you are from Alabama and Richard Shelby is your senator, do not even worry about sending him a complaint or ask for help, he has been totally useless in my case. Not even so much as a response, he will not be getting my vote.

Andy, turn your PM on. Here is the last post link I could find:
http://forum.freeadvice.com/showthread.php?t=369827
and I could not find any threads you started. You yourself will have to contact our Forum Administrator about your threads.

Also, take a look see at this: http://armed-services.senate.gov/members.htm I am sure
that if you present your case and findings to at least one of the ranking members that they will take some form of action.

Lastly, I think you have already went down this road, but it may be worthwhile to do again!
Office of the Army Inspector General: http://wwwpublic.ignet.army.mil/

One more suggestion, that is, see if you can hook up with Base Legal for a consultation.

Please keep us updated.