Officer Grade Determinations

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One of the areas we practice in has to do with Officer Grade Determinations (OGD’s.) While every service calls this by a different name, i.e. Grade Determination Review Boards, they are all essentially the same thing.  When an officer is facing retirement, if that officer has “bad paper” (for example, Article 15, IG Investigation, etc.) in their files, it can lead to a consideration of whether they should be retired at a lower rank.  This can have significant, long term impact on the officer, for example, the difference in retiring as an 0-5 or 0-6 can mean hundreds of thousands of dollars over a retiree’s lifetime.

When facing an OGD, the officer will be notified in writing of the proposed rank reduction, and be given the opportunity to respond.  We have successfully represented numerous officers before OGD’s, and succeeded in getting them to keep their current rank. But it requires a lot of hard work, and a detailed submission to the Board.    We have filed briefs with all of the military services on behalf of those facing an OGD, or Grade Determination Review Board, and we are familiar with the differences between them, and we know what works.

This is not a DIY project. You don’t want to be “penny wise and dollar foolish.”  The time to fight this is now, not afterwards.  If you are pending an Officer Grade Determination Review Board, contact me for a free consultation.

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  • Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

William E. Cassara- Military Law Attorney

Recent Accomplishments

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Court of Appeals for the Armed Forces Limits the Use of Prior Statements at Trial

By William Cassara | July 14, 2020

Military rules of evidence generally do not allow hearsay statements to be admitted at trial. Hearsay statements are statements made outside of court that are offered as proof of the substance of that statement. There are several exceptions to the hearsay rule, such as statements included in regular business records. […]

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Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt

By William Cassara | June 25, 2020

In 2018, the Marine Corps tried Cpl Lewis on several sexual assault charges. The panel convicted him of attempted sexual assault, abusive sexual contact, and sexual assault. The Government charged that these offenses occurred when the alleged victim, Cpl Alpha, was incapable of consenting due to impairment by alcohol. The […]

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Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son

By William Cassara | June 15, 2020

The Army Court of Criminal Appeals (ACCA) recently decided the case of United States v. Henry. The case concerns the Government’s appeal of a military judge’s decision not to allow certain statements made by the alleged victim and her son at trial. Hearsay Rules of evidence generally do not allow […]

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