Can a commander add an unredacted ROI/LER to the OMPF?

Christina Thundathil — Thu, 13 Aug 2020 23:16:20 -0400

Solider was accused of rape. Investigation found that rape was UNFOUNDED but that he was drunk, FOUNDED. His commander decided to add the entire investigation to his OMPF. When the solider left active duty he applied for benefits from the VA for hearing loss. VA says due to his own misconduct (drunk from the alleged sexual assault) his claim was denied. The VA cited the Investigation as part of their reasoning.

Response by CPT Private RallyPoint Member made Aug 13 at 2020 11:43 PM

CPT Private RallyPoint Member — Thu, 13 Aug 2020 23:43:43 -0400

You have to see the character of the discharge. I have a feeling his discharge is the reason. I don't think the VA can look into your records of your investigations. All they will see is the character of your discharge.

Response by CSM Charles Hayden made Aug 13 at 2020 11:50 PM

CSM Charles Hayden — Thu, 13 Aug 2020 23:50:49 -0400

The CDR was not overly impressed with the results of the investigation!

Response by CSM Darieus ZaGara made Aug 14 at 2020 5:23 AM

CSM Darieus ZaGara — Fri, 14 Aug 2020 05:23:25 -0400

Did you see this in writing. The VA does not look at a Soldiers records, other than medical. What type of discharge did he receive. It is more likely that his hearing passed the test, and the Soldier is bitter and mischaracterizing the situation. Ask to physically see the VAs findings.

Response by SSgt Christophe Murphy made Aug 14 at 2020 7:42 AM

SSgt Christophe Murphy — Fri, 14 Aug 2020 07:42:50 -0400

Ok, So he was denied service connected disability due to misconduct? Does this individual have a discharge short of honorable? Unless the claim of hearing loss is directly related to an alcohol related incident or other form of negligence I assume the denial is due to his discharge status.

Response by SGT Mark Friedman made Aug 14 at 2020 12:35 PM

SGT Mark Friedman — Fri, 14 Aug 2020 12:35:19 -0400

That is super messed up. There is a process to have crap like that removed from your OPRJ. I'd say get with a service officer from one of the VSO and get the personnel jacket corrected and appeal the decision

Response by SGT Charles Bartell made Aug 14 at 2020 1:49 PM

SGT Charles Bartell — Fri, 14 Aug 2020 13:49:51 -0400

What is to be added to the OMPF,And what ist not are often two diffrent things. But if there is a line of duty report or not with his ears can make all the difference in the world. As far as the alleged rape. If he was cleared of that. It should have no bearing at all, With the VA. I hate to say it but it sounds like this person should get a lawyer (Bottom Federer) to represent him in a case. To represent him. For his claim.

Response by SFC Private RallyPoint Member made Aug 14 at 2020 7:11 PM

SFC Private RallyPoint Member — Fri, 14 Aug 2020 19:11:56 -0400

What is authorized in OMPF is not controlled by commanders, it’s controlled by OMPF. If the document was not authorized in OMPF, OMPF would have rejected it when it was uploaded.

Investigations alone are not filed in OMPF. Investigations are filed as part of an additional action such as a reprimand or separation files.

Commanders are not authorized to redact an investigation. The investigation findings were founded and unfounded. Both results are important to the outcome.