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Soldier Facing Separation from Army is Retained & Evaluation Report Removed from his Official Military Record

Colonel (Retired) Rick Rousseau represented an Army Sergeant First Class (SFC/E-7) that had received an adverse Noncommissioned Officer Evaluation Report (NCOER) for an alleged Sexual Harassment/Assault Response and Prevention (SHARP) Program violation and received a notice of a Department of the Army Consideration for Denial of Continued Active Duty Service under the Qualitative Management Program (QMP). Following Mr. Rousseau's submission to the QMP Board, it recommended that the Sergeant First Class be retained on active duty and the Army Director of Military Personnel Management approved the board's recommendation. Mr. Rousseau also appealed the NCOER to the Department of the Army Enlisted Special Review Board (ESRB), which held that counsel provided clear and convincing evidence that showed the NCOER was fatally defective as it violated the procedural safeguards set forth in Army Regulations. The ESRB decided by a unanimous vote that the evidence submitted was sufficient to warrant the requested relief. As a result, the Board directed the contested NCOER be removed from the Soldier's official record (AMHRR/OMPF), promotion reconsideration was warranted as a result of the action, and the ESRB further directed that all associated appeal documentation, and/or investigations and inquiries relating to the evaluation report in question be removed from the Soldier's official files. If you have received an adverse NCOER, OER, or Evaluation, or any other adverse military action, contact Mr. Rousseau for a free case evaluation (254-699-9999 or [email protected] ). Rick Rousseau assists Servicemembers and Veterans with the removal of adverse documentation from their records. 

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