Relief for Cause OER

 AR 623-3, paragraph 3-55, defines a relief for cause OER as "an early release of an officer from a specific duty or assignment directed by superior authority and based on a decision that the Officer has failed in their performance of duty."  Relief for cause OERs are the most severe and consequential OERs that can be provided.

Relief for cause OERs are typically issued after a the conclusion of a 15-6 investigation, CID investigation, or MPI investigation; however, an investigation is not required before this type of OER can be issued.  If an Officer is removed from a position, even after allegations of misconduct or substandard performance of duty, a relief for cause OER is not required.

Issuing one is a discretionary decision - often, an Officer is removed from his/her position for various reasons and a change of rater is still issued. To be clear, AR 623-3 does not require that a relief for cause OER be issued when an Officer is removed from his/her position, even if misconduct is involved.

Typically, before a relief for cause OER is issued, an Officer is suspended from his/her position. In these cases, when a relief for cause is ultimately issued, the period between suspension and relief is nonrated time.

AR 623-3 only requires a General Officer's decision for relief when the Officer is in a Command position; however, most General Officers have a "withholding policy." In these policies, typically General Officers order that relief for cause OERs can only be issued after he/she approves it.

A relief for cause OER must specifically state who directed the relief of the Officer.  If an Officer in the rating chain does not direct relief, an enclosure to the OER must be prepared describing the reasons.

Typically, Officers are relieved for cause for incidents that occur during the rated time period; however, this is not a requirement. Officers can be issued a relief for cause OER because of information received about a previous rated period.  In these cases, the Officer can only be evaluated on performance during the current rating period, with the exception of the statement clarifying the reasons for relief.

Minimum time requirements for rating officials do not apply for relief for cause OERs. If an Officer in the rating chain does not agree with the relief, he/she can state nonconcurrence in the appropriate narrative portion of the OER.

An Officer is not always afforded the opportunity to submit a rebuttal before a relief for cause OER is issued. That said, if a 15-6 investigation is involved, the Officer will be afforded the opportunity to rebut the findings before they become final.

An Officer will be given the opportunity to submit a "comment" to any relief for cause or referred OER.  In accordance with AR 623-3, OER comments must be concise, directly related to the matters listed on the OER, and cannot contain any enclosures/attachments. Furthermore, they are non-consequential - they only serve to document the Officer's general position regarding the matters listed on the OER.

Relief for cause OERs can essentially end an Officer's career. Not only will they typically result in in non-promotion, but HRC will often initiate elimination after an Officer is passed over for promotion, if derogatory information is in his/her AMHRR.  Relief for cause OERs can be appealed - the process is explained in depth at this link.

Any Officer who has been issued a relief for cause OER, or is concerned that one might eventually be issued, should immediately consult a Military Lawyer. While Legal Assistance/TDS is available to assist, they are often over-worked and inexperienced. Civilian Counsel can be retained, which allows an Officer to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has dealt extensively with relief for cause OERs and the adverse actions that can result.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.