I’m an active-duty soldier in the Army going through disability retirement. Does the Army’s recent policy update mean that I can only meet with an Office of Soldiers’ Counsel lawyer once? Can I do anything to make sure I get the most out of my meeting with OSC?
This policy update came May 27, when the Army notified Judge Advocate Legal Services personnel that the Office of Soldiers’ Counsel (OSC) would be scaling back the legal services it provides to those facing the Army Disability Evaluation System. Free legal assistance will no longer be available for:
- Non-active-duty Army Reserve and Army National Guard (including those with active-duty orders less than 30 days)
- Service members on the Temporary Disabled Retired List
As an active-duty soldier, OSC will continue providing you with limited legal help, but only after the Informal Physical Evaluation Board (IPEB). And after you receive an IPEB determination, your free legal services will be limited to a single consultation with OSC.
I don’t know where you are in the process. An attorney can do the most good well before the IPEB stage. One consultation that late in the process may not be enough in complex or contested cases, especially if the assigned attorney lacks retirement board experience.
Getting the most out of your OSC retirement board consultation
Making sure you arrive at your meeting with OSC as prepared as possible is a very wise move.
- Assess your goals: You’ve likely already thought long and hard about your future and your career prospects. But it helps to be prepared to discuss your best-case scenario and how realistic it may be.
- Assemble your documentation: Gather any Medical Evaluation Board documentation, your Narrative Summary (NARSUM), relevant medical records, commander’s statement, line-of-duty findings, proposed ratings, etc.
- Organize your case: Perfect information is only useful if you can find it. Organization will help you make the most of your time. Establish a clear timeline of events and connect any supporting evidence to that timeline. For example, if you incurred an eye injury at a particular time and have a medical report from that same period, make that connection clear. Connect the dots as best you can into a cohesive narrative…
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The law firm of Tully Rinckey represents service members across all branches of the armed forces in disability retirement and benefits matters. To discuss a potential case, please call 8885294543 to schedule a consultation, or schedule a consultation online.
Heather Tenney, Esq., LL.M. is a Partner in Tully Rinckey PLLC’s military law, federal employment, and national security law practice groups. She currently serves as the primary attorney for consultation in these areas. Heather brought her skills as an advocate and negotiator to Tully Rinckey after honorably serving with the US Army’s JAG Corps, and the results speak for themselves. At the firm, she focuses on military law; federal employment, EEO and discrimination litigation; disciplinary investigation and MSPB litigation, disability retirement, and national security clearance representation. Heather’s representation in national security and security clearance cases range from high-level military officers to covert operation officers of the CIA, NRO, FBI, DIA and a range of other intelligence agencies. Heather currently serves as Treasurer for the National Security Lawyers Association (NSLA).
This article is for informational purposes only. Its content is not intended to constitute endorsement or legal advice, nor does it establish a client-lawyer relationship with Tully Rinckey PLLC or any of its affiliates.
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