Which military personnel decisions must first be reviewed and decided by a committee before an administrative lawsuit can be brought?
General information · Not legal advice
Material to check
The practice file for this exercise holds the document recording the adverse decision, showing what kind of decision it was and when it was made, together with any application to a review committee and the committee's decision. These papers show which category the decision falls in and whether the committee route the provision requires was completed before any lawsuit was filed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the requirement as reaching any administrative lawsuit over discharge, dismissal, disciplinary action or suspension, which the provision names without further condition, as well as any other disposition adverse to the person and contrary to that person's will, and bars such a lawsuit unless the petition review committee or the appellate review committee the provision names has gone through review and decision first.
Another reading notes that the words 'adverse to the person and contrary to that person's will' are written only in front of 'any other disposition', so the four named decisions fall within the requirement whatever their effect on the person, while any further disposition reaches the requirement only where those two conditions are shown. The provision does not identify which further dispositions those are, so that boundary has to be drawn from the facts of the decision itself.
Your judgment
If the decision is one the provision does not name by type, what in the file shows that it was adverse and ran against the person's own will?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which decisions require prior committee review, or if a court decision defines what counts as a disposition adverse to the person and contrary to that person's will.