As the Army begins to downsize and drawdown, Soldiers with “bad paper” are at risk for elimination and separation. During the buildup, the Army needed a larger force to sustain two operational campaigns. However, after budget battles throughout the government and the staged withdrawal from these campaigns, the Army is working under a smaller budget and must find a way to cut costs. This has been seen in both the reorganization of Army bases and the downsizing of the force.

Anyone that has been at Fort Bragg, NC these days has seen the effects of Base Realignment and Closure (BRAC). Fort Bragg’s population has surged and a large number of this population is at risk for elimination or separation from the Army.

When the Army needed Soldiers downrange, documents filed in the restricted portion of a Soldier’s Official Military Performance File (OMPF) had little effect on that Soldier’s career. This fact had Soldiers who faced adverse action enter into negotiations to have documents placed in their restricted file, with the understanding that they could finish out there careers. With that understanding, these Soldiers, their commanders and the JAG officers advising them, used the restricted file as a way to implement punishment without adversely affecting the Soldiers careers in the long run. This process continued and Soldiers continued to deploy year after year and their Families continued to make sacrifices, believing that they were going to be allowed to Soldier on until retirement. Unfortunately, the Army no longer needs a large amount of Soldiers to maintain the operational tempo of the past, so this understanding is no longer valid and the Army is now using “bad paper” filed in the past, as a basis for elimination and separation.

If you have been given notice that you must “show cause” to stay in the Army or that you are being separated from the Army, you need to speak with an experienced attorney. The Center for Military Law L.L.C. is prepared to represent U.S. Military men and women in a variety of military law actions worldwide. We are skilled in handling criminal, administrative, and tort actions. If you think you may need an attorney for any of these types of actions and wish to speak with an attorney for a FREE CONSULTATION, call (844) FOR-CFML (367-2365) or visit our website at www.centerformilitarylaw.com. You may also set up an appointment to meet at our downtown Fayetteville office, located just outside of Fort Bragg, NC.