So, I was in the United States Navy for quite some time. I found myself in the middle of a situation where I ended up going to war with an Admiral. The Admiral basically issued me an Adverse Evaluation and removed my E-8 Frocking. This eval forced me out because I could not reenlist my last term. I never went to courts martial or mast. They just use admin to screw me.
I filed 2 Article 138 complaints but no one was going to overturn the Admirals Decision.
So, I am in the middle of a BCNR fight. I plan on suing the government if I lose the BCNR.
Anyway, so I received a letter I have to rebut from PERS. They are saying I was issued a RE-1 code and should have been issued a RE-4 due to the "not recommended for retention".
So, I need a good argument to this. Are there any legal cases I can quote where this happened and the service member won?
Do I not even address this in my rebuttal of other things?