Long Question here- I was the subject of an IG complaint and in the process of investigation, soldiers have written negative stuff about me. I was given a gomor, relief for cause, and a separation board. I went to the separation board and won my case. The allegations were found with insufficient evidence and the recommendation by the board is for me to be retained and unflagged. I am promotable to E7 prior to the IG complaint and now that I won my case, my superiors would not unflag me due to the GOMOR and Relief for cause, where the allegattions are same as the ones heard during the separation board (insufficient evidence for all allegations). Shouldn’t I be unflagged? and can i get my P status back?
Short answer to a long question:
This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
A lot going on here. First they can relieve you for loss of confidence and no other reason. See AR 600-20 as it pertains to relief. As long as they are processing the relief for cause action you will remained flagged per AR 600-8-2 see referred report. You can request a commander’s inquiry into your Relief for Cause report. Any positive findings along with your IG report can be used to appeal your evaluation report and have it removed from your records if you win your appeal. If your report has not been placed in your official records upon request for a commander’s inquiry your commander must (IS REQUIRED TO) request that the NCOER be placed in a temporary hold status until the inquiry is complete. See AR 623-3 as it pertains to a commander’s inquiry. As far as the GOMOR goes was it filed locally or in your permanent records? If filed locally not a real big deal. If filed in your official records then you can request removal using the results of a commander’s inquiry and your IG report to support your request. Getting your “P” status back….I think that is a long shot. You probably need to consider contacting the promotions branch at HRC and find out what regulation, DA MEMOS, etc. are used in reauthorizing promotable status.
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Hope this helps to some degree.
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