Accomplishments

The cases below are representative of Mr. Toney's past accomplishments and current cases. However, past successes do not guarantee future successes, even in factually similar cases. No lawyer can make guarantees or promises regarding the successful outcome of any case, and Mr. Toney expressly disclaims any such guarantees or promises.

Recent Victories!

Secured, through the US District Court, a remand to the Secretary of the Army for a Lieutenant Colonel who was unlawfully denied promotion to Colonel. The ABCMR denied the remand but the Secretary of the Army overruled and approved his promotion to Colonel!

Secured, through settlement with the Army in the US District Court, a remand to the ABCMR of a case involving the removal from the Brigadier General promotion list of a Colonel due to a faulty and biased IG investigation.

Defeated the Army on its appeal to the U.S. Court of Appeals for the Second Circuit. The Army had unlawfully denied the client’s application for discharge as a conscientious objector, and he then obtained a writ of habeas corpus from a US District Court, which ordered his immediate discharge from the Army.

Obtained the dismissal of a civil suit in a US District Court on behalf of a non-profit, international humanitarian organization which was accused of copyright and contract violations. The plaintiff has appealed and Mr. Toney is defending the organization in the Second Circuit.

Secured the exemption of an IRR soldier from involuntary, extended active duty based on medical grounds.

Secured, through a formal hearing before the Air Force Physical Evaluation Board, a finding of Fit for Duty for an officer who was previously found unfit based on an erroneous psychiatric diagnosis and given a 10% disability rating.

Secured, through US District Court action, a court ordered remand to the Army Board for the Correction of Military Records for full consideration of the unconstitutional involuntary separation in 1993 of an Army officer. The ABCMR then determined that the officer’s separation was unlawful.

Co-counsel in a landmark decision of the US Court of Appeals for the District of Columbia in which the court ruled that the Privacy Act applies to National Guard members at all times, regardless of federal or state duty status. The case is now moving toward trial.

Secured, through the Air Force Review Board Agency, retroactive promotion to Master Sergeant, with over one year of backpay, where the Airman's promotion had been withdrawn based on an allegedly unprofessional relationship with a subordinate. The Air Force Board for the Correction of Military Records voted 2-1 to deny the Airman's application. That decision was overruled by the Assistant Secretary of the Air Force!

Secured, through the Air Force Board for the Correction of Military Records, retroactive promotion to 1998, with backpay and retirement pay adjustments, of an officer who was denied fair promotion consideration in 1997 because of race and sex discrimination.

Secured, through the Board for the Correction of Naval Records, administrative reinstatement and retirement, effective April, 2009 of a Navy officer who was administratively discharged after 17 years of outstanding, honorable service, based on violations of the U.S. Constitution and applicable Navy regulations.   The BCNR also ordered his discharge characterization to be changed from General to Honorable. The officer received backpay and retroactive retirement pay.

Representative Current Cases

Counsel in a US Supreme Court action involving the Army’s unlawful delay of an officer’s promotion to Brigadier General and his unlawful retirement for maximum years of service.

Counsel in US District Court action challenging the BCNR’s denial of Special Promotion Board consideration for a Marine Corp Lieutenant Colonel based on race and gender discrimination.

Counsel in an action in the US District Court for the District of Columbia seeking retroactive retirement pay for a Senior NCO unlawfully discharged while undergoing disability evaluation processing.

Counsel in an action in the US District Court seeking Special Promotion Board consideration for a Marine Corps officer who was unconstitutionally denied promotion to Colonel due to race and gender discrimination.

Counsel in a US District Court action seeking $550,000 in money damages for a retired Army officer based on Privacy Act violations. The action challenges the lawfulness of a General Officer Memorandum of Reprimand which caused the officer to be non-selected for promotion to Colonel and involuntarily retired.

Counsel in a US District Court action challenging the lawfulness of a $135,000 debt assigned to a former West Point cadet who was separated months before graduation due to medical injuries and conditions.

Counsel in a US Court of Federal Claims action challenging the unlawful discharge for weight control failure of a senior Coast Guard NCO with over 19 years of distinguished, honorable service who already had been approved for retirement.

Counsel for a Kuwaiti corporation seeking $1.4 million in compensation from the U.S. Government under the Foreign Claims Act for damage to property and economic losses caused by the US Army in Iraq.

Counsel in a Board for the Correction of Naval Records case involving the court-martial and separation of a Marine who at the time suffered from a psychiatric disorder.

Counsel in a Board for the Correction of Naval Records action challenging a sailor's discharge, after 17 years of outstanding, honorable service, based on an administrative separation board's erroneous finding of willful and intentional cocaine use. The claim alleges substandard duty performance by the sailor's assigned military counsel.

Counsel in an action before the Coast Guard Board for the Correction of Military Records challenging the withdrawal of the promotion of a Senior Chief to Master Chief only four days before her scheduled promotion. The Senior Chief had received no counseling or input concerning alleged leadership and performance deficiencies and there was no misconduct.

Counsel in an action before the Board for the Correction of Commissioned Corps Officer Records seeking the removal of an adverse performance evaluation based on racial discrimination.

Counsel in several Discharge Review Board cases.

Past Cases

Secured the discharge upgrade from Other Than Honorable to Honorable before the Army Discharge Review Board for an Iraq combat veteran who, despite a diagnosis of PTSD made by Army doctors, was court-martialed and given an OTH discharge characterization. Remarkably, the board also changed the reason for discharge from misconduct to "Secretarial Authority" and the veteran's reenlistment code to RE-1.

Secured, through a formal Navy PEB hearing, a 40% disability rating and TDRL placement for a Marine Iraq combat veteran who suffered from PTSD, where the Navy PEB initially found him fit for duty and, on request for reconsideration, only rated him as 10% disabled.

Through action before the Merit Systems Protection Board (MSPB), secured the reinstatement with backpay of a civilian DOD employee who had been terminated based on unfounded and malicious allegations of mismanagement.

Retained the national security clearance of a civilian defense contractor who was accused of defrauding the government. Remarkably, the Defense Office of Hearings and Appeals (DOHA) decided to continue the clearance and increased it to Top Secret/SCI without a hearing!

Under the Privacy Act, secured through the Secretary of the Air Force the complete redaction of the substantive paragraph of a General Officer Letter of Reprimand, which the Secretary determined was factually inaccurate. The matter is now before the Air Force Board for the Correction of Military Records where the retired officer is seeking reinstatement, backpay, and retroactive promotion.

Obtained the removal of prejudicial information from the records of a Marine Corps Major through application to the Personnel Evaluation Review Board (PERB).

Through emergency federal court action (application for a restraining order based on constitutional violations), obtained necessary additional time for a federal employee to review thousands of pages of investigative documents in order to challenge his removal from federal service. The government initially gave the employee only 10 days to review the documents and submit a response, and refused multiple requests for additional time.

Secured the honorable discharge of an Army officer and distinguished Operation Iraqi Freedom veteran under Don't Ask, Don't Tell.

Of-counsel in the matter of Loomis v. United States , a federal court case that challenged a decorated officer's separation from the Army based on Don't Ask, Don't Tell only days before his mandatory 20-year retirement. The case also challenged the constitutionality of Don't Ask, Don't Tell, and Article 125 of the UCMJ. Mr. Toney assisted in briefing the case and argued the matter before the U.S. Court of Federal Claims. The court ruled that the plaintiff was entitled to regular retirement and substantial back pay and benefits due to Army legal error.

Obtained, through the Ft. Lewis Army Physical Evaluation Board, a finding of fit for duty for an NCO who previously was found unfit and ineligible for severance pay or disability benefits.  

Secured numerous exemptions, delays, and discharges on medical and hardship grounds for Individual Ready Reserve members involuntarily mobilized for deployment to Iraq, using the appeal procedures of the Army Human Resources Command, St. Louis.

Through emergency federal court action (petition for a writ of habeas corpus), obtained the termination of an arrest warrant for an Air Force cadet unlawfully disenrolled and ordered to perform involuntary active duty. The Air Force settled the case and discharged the former cadet.

Helped secure, through the Air Force Board for the Correction of Military Records, the promotion of a Major to the rank of Lieutenant Colonel. The officer was discriminated against by a commanding officer.

Secured the retirement of a Public Health Service Commissioned Corps Officer whose employment and retirement were threatened by discrimination and harassment by superior officers.

Secured the resignation, rather than termination, of a federal employee charged with sexual harassment.

Prevented the dismissal of a Public Health Service Commissioned Corps Officer discriminated and retaliated against by superior officers.

Secured the immediate release of a civilian from military custody who was unlawfully detained and being deployed to Iraq after being discharged from the military.

Secured the return to duty of an AWOL soldier and his honorable discharge on medical grounds. The soldier was scheduled to redeploy to Iraq within a matter of days.

Obtained, through the Air Force Board for the Correction of Military Records, the removal of negative OPRs and a PRF from the personnel file of an Air Force officer discriminated against by her Commanding Officer.

Helped obtain a disability rating of 60% (a 30% increase) for a sailor through the Navy Disability Evaluation System.

Obtained, through the Army Board for the Correction of Military Records, the retroactive promotion to Colonel of an active duty officer along with 24 months back-pay and allowances based on breach of contract.

Prevented, through the Army Physical Disability Evaluation System, the separation without disability benefits of an active duty Lieutenant Colonel with 17 years of federal service. The officer is being reevaluated for disability benefits.

Secured the discharge of an Air Force Sergeant on hardship and dependency grounds, where the Air Force previously denied the Sergeant's request.

Secured the discharge of an Army officer on hardship and dependency grounds, where the Army previously denied the officer's request.