NAVY HSCP--cancelled promotions?!?

[Maverick10]

I'm currently in my second year of the Navy Health Services Collegiate Program (HSCP) for medical students, and I just found out from my CO that apparently as of DEC '09 HSCP participants are no longer eligible for advancement to E7 based on academic achievements ("Dean's list for one semester or two consecutive quarters"). Apparently we're only eligible for promotion now if we recruit somebody into the program...

I was very surprised and upset by this so I went back and looked at the copy of my signed service agreement where it clearly states the terms for advancement. I've heard time and again "the needs of the navy" and all that jazz, but how often does that include going against a signed contract? If so, can I pretty much expect during my military career to never take anyones word, said or written, to the bank so to speak? I guess I just figured they would have at least phased in a new policy like this instead of just screwing all of us who already signed our contracts. This all just doesn't seem right.

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[IgD]

Does your contract say you can get a promotion for academic performance? Can you paste the language here?

 

[Maverick10]

Does your contract say you can get a promotion for academic performance? Can you paste the language here?

"g. That there are two possible methods by which I can advance to OCCPO/E-7. Documentation for advancement shall be submitted to the NRD that I am assigned for routing to CNRC for approval by DCNO N132). Advancement to E-7 can be accomplished by either:
1. I make the dean's list during one semester or two consecutive quarters.
2. I make a referral that results as a new accession to any Navy medical department officer accession program."

 

[Gastrapathy]

So obviously this is total crap. But, the sad reality is that the military can change the rules at any time. Now you have to decide how big a deal this is to you. How much $$ versus how much pain to address this.

I would start by routing a memo through your CO to whoever handles this program requesting clarification. Be sure to use proper Navy correspondence format with the reference attached and quoted. The best way to do this is with an email with your memorandum attached. Use of the proper format will let them know that you aren't kidding around and will continue to pursue this. Also reference your conversation with your CO and ask directly if there is an avenue for appeal of this decision.

When that fails, you will be left with a tougher decision. Ultimately, you can appeal this a long long way (board of corrections, congressman, etc) if you are so inclined.

 

[Maverick10]

So obviously this is total crap. But, the sad reality is that the military can change the rules at any time. Now you have to decide how big a deal this is to you. How much $$ versus how much pain to address this.

I would start by routing a memo through your CO to whoever handles this program requesting clarification. Be sure to use proper Navy correspondence format with the reference attached and quoted. The best way to do this is with an email with your memorandum attached. Use of the proper format will let them know that you aren't kidding around and will continue to pursue this. Also reference your conversation with your CO and ask directly if there is an avenue for appeal of this decision.

When that fails, you will be left with a tougher decision. Ultimately, you can appeal this a long long way (board of corrections, congressman, etc) if you are so inclined.

Thanks Gastrapathy for your input. Just a couple of quick things though:

1) What does "proper Navy correspondence format" consist of? I haven't gone to ODS yet and while considered "active duty", I have absolutely no knowledge regarding any of the customs, regs, or especially the etiquitte of the Navy.

2) My CO seems like a pretty good guy and said that he wanted a copy of my service agreement with the above reference b/c he also wanted to try and argue my side. With that, should I wait and see what he finds out first, or should I be more proactive? I ask b/c I'm all about if you want something done right, then do it yourself; however, I don't want to go above his head and piss him off right off the bat. What do you think?

3) Furthermore, I spoke with some of my classmates who are prior service (Army & AF officers) and they both gave the following advice: Be as diplomatic as possible and let your CO know what's going on, but contact the Inspector General (does the navy have one of these?) b/c apparently he'll look into it and can choose to argue my case in front of the appropriate senior leaders better than anybody else could.

*Board of corrections and congressmen? Wow, that's seems a little intense. I absolutely hate politics and all that type of crap--and while this promotion is worth a decent amount of money to me, I think I'm more upset because it's the principle of the matter. When I give somebody my word or put something in writing, I mean it...and I expect others to do the same. I would never do business with someone who completely reneged on their word b/c you can't trust them--there's no integrity there.

 

[Gastrapathy]

1. Definitely let your CO try to fix it first.

2. The relevant reference for Navy writing is the Navy Correspondence Manual:
http://doni.daps.dla.mil/SECNAV Manuals1/5216.5.pdf

 

[NavyFP]

I think this will fall into letter of contract vice spirit.

The contract says "can" not "will". Just because they can does not mean they will. I know, splitting hairs, but that is what lawyers do.

 

[IgD]

You've got a case for the board of corrections for Naval records. Write that you were promised a promotion. Cite the section of the contract you pasted. Then show proof you made the dean's list. Finally request that your records be corrected to reflect you are an E7. If the board concludes an injustice or error was done they can fix it.

 

[SweetJimmy]

Look under 6.c. in the link, it spells out the only way for advancement now is through recruitment Good luck with the challenge though, I think you might have a case where it is in your contract.

http://www.cnrc.navy.mil/publications/PAs/PA 132 HSCP.PDF

 

[Gatorfan44]

Look under 6.c. in the link, it spells out the only way for advancement now is through recruitment Good luck with the challenge though, I think you might have a case where it is in your contract.

http://www.cnrc.navy.mil/publications/PAs/PA 132 HSCP.PDF

Thanks for the link. I just noticed where it says officers will enlist as E-7s. I just resigned my AF commission so I'm assuming it applies to me (as a sister service officer).