Removal of Derogatory Information

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For some it is a matter of pride, for others it is a matter of achieving promotion, and for others it is a matter of preserving what the member has earned by way of retirement.

Many clients do not find us until after the command took derogatory action against them. The most common forms of derogatory action in the client’s official record are letters of reprimand and referred / referral evaluations.

Often, military members believe that after the derogatory action is filed in their official records that nothing else can be done. This is not the case. There are steps to take to try to remove the derogatory information.

Each type of derogatory information has different steps and different requirements before applying. For example, for Army service members with a general officer memorandum of reprimand, they can apply for removal of the reprimand from their AMHRR (official record) after the reprimand has been in their record for one year. Because of the lag time in decision making, we encourage our clients to have us prepare their packets about nine months after the filing decision so that the application is filed on the anniversary of their filing decision, optimizing the time within which they can hope to achieve successful removal.

Only certain service members can avail themselves of these steps to try to remove derogatory information from official Army records. For instance, only E-6 and above can make application to the DASEB. Additionally, these DASEB applications are restricted to members who are still on active duty or who are “drilling reservists or national guard.” {Note: there are different applications and different processes for post-service relief}

The standard for removing derogatory information is in most cases clear and convincing evidence that the derogatory information is either unjust or has served its intended consequences.

The application process can seem simple enough. There is even an online filing. We strongly encourage service members who are considering their various options to consult with experienced professionals before making the application. There are very few chances, and those chances are made worse when making an application prematurely and without including the most effective arguments and strongest evidence.

Contact the Firm to schedule a consultation about the options you have.