Jackie,
Great questions. I’ve never approached the equity argument as a two pronged process. That doesn’t mean that you cannot. The best approach is the honest approach. If you feel that a petitioner unfairly relied than you can bring that up. But it should not be a disingenuous argument. Every petitioner is different. In the case I sent you, I made the argument because the petitioner felt strongly about it. Our problem is that there was no independent evidence of that. It was not given much weight.
We never request an in-person hearing. I did it in this case because the client insisted. By requesting an in-person hearing, we waived the right to have two bites at the apple. The better course is two request the documentary review, get a decision, correct the petition and refile requesting an in-person hearing.
The AFQT is hardly ever an issue. It was an issue in this case because it supported the client’s position that he was lied to. As a matter of policy, service members who obtain a high AFQT score get a job assignment when they sign the contract. The fact that this petitioner did not bolstered his argument that he was lied to.
Anytime you complete a petition, I or one the other partners will review the entire petition and evidence so don’t worry about missing something, especially early in the process.
Have a good weekend!
From: Jacqueline Black [mailto:jacquelinerblack@gmail.com]
Sent: Friday, May 06, 2011 6:48 PM
To: Haytham Faraj
Subject: Re: Military Discharge Upgrade Boards and Record Corrections Boards
Dear Mr. Faraj:
I wanted to touch base before I left for work this afternoon. So far I've been able to review your completed petition and the majority of the attachments. I am extremely interested, as the work seems very interesting and rewarding. The process seems pretty straight forward but I did have a few preliminary questions:
1. When making an argument for an upgrade based on equitable grounds is it a 2-pronged process?
(i.e. (1) Examine the representations made by the military and (2) Discuss whether the petitioner's actions were reasonable in light of those representations)
2. As a practical matter, does it generally raise a red flag if an applicant scores high on the AFQT and he/she fails to selects a job assignment prior to basic training?
3. Should I always request an in-person hearing for the client?
I have not finished reviewing the Code of Federal Regulations but I will take a look either tonight or tomorrow morning and let you know if I have any further questions.
Thank you again for this opportunity and I look forward to working with you,
Jackie
On Fri, May 6, 2011 at 1:35 PM, Haytham Faraj <haytham@puckettfaraj.com> wrote:
Hi Jackie,
I’ve attached a completed petition in 4 parts and some of the typical letters that are submitted as evidence in support of the package. The petition I attached is a discharge upgrade. There is also a similar process to correct records. In some cases, a military service member will discover an erroneous entry in their record of service that precludes the member from being able to obtain benefits or that causes him or her to suffer some prejudice in their lives or simply having an accurate record that reflects their service. Each service has a Board for records corrections and a Board for discharge upgrades. I have included a link below to the Code of Federal Regulations that governs corrections of Naval Records. You will find similar regulations for the various discharge upgrade review Boards and corrections boards.
Take a look and let me know what you think and what questions you have.
From: Jacqueline Black [mailto:jacquelinerblack@gmail.com]
Sent: Thursday, April 28, 2011 2:09 AM
To: haytham@puckettfaraj.com
Subject: Michael Ruiz's Former Post-Bar
Dear Mr. Faraj:
It was a pleasure speaking with you last Friday. I am extremely interested in any contract work you may have. Attached please find my resume and writing sample. I would love the opportunity to discuss my qualifications further with you. Please do not hesitate to contact me if you have any questions regarding the attached documents or in the event you need any additional writing samples. Thank you for your time and consideration.
Best regards,
Jackie Black
Enclosures