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Thread: The Navy only made a mistake ONCE!!!!

  1. #11
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    Re: The Navy only made a mistake ONCE!!!!

    Quote Originally Posted by RobotChicken View Post
    :spy 'Catch-22' Detachment For Cause'....:smash
    Thanks.

    So to boil it down, your hubby did something warranting a capt mast where he got discharged, and you feel he should be able to get it overturned?

  2. #12
    Senior Member SeaLawyer's Avatar
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    Re: The Navy only made a mistake ONCE!!!!

    Quote Originally Posted by LTwife View Post
    So I'm doing a little research into the Board of Corrections of Naval Records, an entity that is supposed to protect the rights of sailors and remove unjust items for Naval Records.
    I'm interested in this because my husband received a DFC from an abusive CO ( bragged about punching subordinate and getting away with it, gave every officer on the ship an LOI etc.) Every JAG we talked to said my husband had an iron clad case to BCNR because apart from the fact that the accusations were unsubstantiated the CO also did not follow basic PERS instructions for DFC. We were SHOCKED when the DFC was not overturned.
    Then I found this little nugget on the Navy Times....
    http://www.navytimes.com/news/2011/0...stent-062011w/
    Only ONE DFC has been overturned in at least 30 years?!?!?! Maybe ever?!?!?! WHAT THE WHAT?!?!?
    So I'm supposed to believe that only ONE person in Navy has been wrongly fired since the BCNR was established in 1945? Sounds like a broken system if you ask me.
    And before you say, "yes but DFCs are very rare" consider this....
    The CO gave five DFCs in the course of a year. The COMDESRON that my husband was sent to was packed with people DFCd for things ranging from adultery to failed shipboard inspections.
    Why isn't anyone investigating the BCNR?
    Look "LTwife," Perhaps I was a bit too harsh on you but I want you to understand the many Junior Sailors that come here looking for advice and want it without it without "ranks."

    Like I said, your hubby may have a legitimate complaint. If so, have him collaborate with all the other J.O.'s from his command and form a class act complaint. Even Holly Graf--the crappy CO she was--had to provide substantiated evidence to fry someone. The only difference with her was: People made the same mistakes, she would just fry them for the most minute thing--the fact of the matter is, they still made mistakes she held them accountable for... Mistakes the average person would oversee. She made mountains out of mole-hills.

    If you want to do your "LThubby" a favor, have him get together with all of his colleagues from the ship. If they all stick together, they may get this over-turned... if legitimate. Perhaps you can even send BURAWSKI a personal message. He is very wise in the Navy administrative ways!

    Meanwhile, and again, my apologies... I just want you to have consideration for the others that come here seeking advice.

    Sincerely,
    "Sea Lawyer"

  3. #13
    Junior Member forcedj's Avatar
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    Re: The Navy only made a mistake ONCE!!!!

    OK, I am not any sort of legal expert, but couldn’t doing what you’re suggesting have the potential of becoming a UCMJ Article 94 (Mutiny and Sedition) against the accusers? If the LTHubby “collaborates” it may look like mutiny. But if he has legal representation doing it…?

    Dan

    Quote Originally Posted by SeaLawyer View Post
    Like I said, your hubby may have a legitimate complaint. If so, have him collaborate with all the other J.O.'s from his command and form a class act complaint....

    ...If you want to do your "LThubby" a favor, have him get together with all of his colleagues from the ship. If they all stick together, they may get this over-turned... if legitimate.
    Sincerely,
    "Sea Lawyer"
    Dan
    CTOC(AW), USN, Retired

    Recruit Training Command (Company 50), Orlando, FL Dec 1981-Jan 1982; CTO "A" and "C" schools NTTC Corry Station, Pensacola, FL Feb-Oct 1982; USS Saratoga (CV-60) 1982-1985; USS Forrestal (CV-59) 1985-1988; ONI Det Naval War College, Newport, RI 1988-1991; NAVSECGRUACT Terceira Island, Azores, Portugal 1991-1992; NAVSECGRUACT Rota, Spain 1992-1995; National Security Agency, Fort Meade, MD 1995-1998; USS John F. Kennedy (CV-67) 1998-2001.

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    Senior Member SeaLawyer's Avatar
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    Re: The Navy only made a mistake ONCE!!!!

    Good point forcedj! Not to create a mutiny; however, under lawful legal guidance--I might/should add--he may have the required support via witness testimony to support his side of the story.

    Grazie and great point with the counter post!!!

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    Senior Member BURAWSKI's Avatar
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    Re: The Navy only made a mistake ONCE!!!!

    Quote Originally Posted by SeaLawyer View Post
    Good point forcedj! Not to create a mutiny; however, under lawful legal guidance--I might/should add--he may have the required support via witness testimony to support his side of the story.

    Grazie and great point with the counter post!!!

    Not knowing the specifics of the case the best solution might be for both of them to contact legal assistance and talk to either a JAG or civilian attorney who is well versed in BCNR/DFC issues.

  6. #16
    Senior Member SeaLawyer's Avatar
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    Re: The Navy only made a mistake ONCE!!!!

    Quote Originally Posted by BURAWSKI View Post
    Not knowing the specifics of the case the best solution might be for both of them to contact legal assistance and talk to either a JAG or civilian attorney who is well versed in BCNR/DFC issues.
    Quote Originally Posted by SeaLawyer View Post
    ... Perhaps you can even send BURAWSKI a personal message. He is very wise in the Navy administrative ways!
    See... I knew you were wise in the ways, B!!!

  7. #17
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    Re: The Navy only made a mistake ONCE!!!!

    DFC can be a very lengthy process. Just because someone is removed from an activity pending DFC doesn't mean the DFC is ultimately approved by NPC. Because of the severity and advere impact on the individual officer's career, DFC's undergo a very stringent screening process before being finally approved. Many individuals removed pending DFC are exonerated or the DFC request is withdrawn during the review process. So only having 1 overturned via BCNR wouldn't surprise me.

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    Re: The Navy only made a mistake ONCE!!!!

    Quote Originally Posted by LTwife View Post
    Only ONE DFC has been overturned in at least 30 years?!?!?! Maybe ever?!?!?! WHAT THE WHAT?!?!?
    So I'm supposed to believe that only ONE person in Navy has been wrongly fired since the BCNR was established in 1945? Sounds like a broken system if you ask me.
    You are of course aware that the article YOU posted says nothing of the sort? It does say this was the first successful case in at least 30 years but doesn't say that the one 30 years ago was the only one in the last 68 years (as you claim it was).

    Quote Originally Posted by Stalwart View Post
    As was said earlier, when some is detached for cause the detachment, circumstances surrounding it and leading up to it are examined and adjudicated and finalized, I once saw the review process take almost 18 months but in the end it was upheld.
    So what you are saying is that due to the fact tht it takes so long to do one and go through the appeals process that usually they get it right and the BCMR isn't neccessary? I am actually asking cause that seems like what you are saying and that could be a reason why there has only been once successful in 30 years...
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    Re: The Navy only made a mistake ONCE!!!!

    The fact an officer's wife had to post on an Internet forum to fight his battles speaks volumes, in my mind.

    I am curious if he knows of her actions.

  10. #20
    Senior Member RobotChicken's Avatar
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    Re: The Navy only made a mistake ONCE!!!!

    Quote Originally Posted by MilPhD View Post
    The fact an officer's wife had to post on an Internet forum to fight his battles speaks volumes, in my mind.

    I am curious if he knows of her actions.
    Can he be 'trolling around' in her skirt? :suspicious

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