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 Successes

Obtained a $900,000 settlement with the Army for a Kuwait corporation under the Foreign Claims Act. The Army negligently destroyed equipment used by the corporation in support of US operations in Iraq. 
Secured a discharge upgrade from OTH to General, Under Honorable Conditions, for a former soldier found to have committed misconduct.

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 retroactive promotion to Colonel. He was credited with three years of additional active duty service with back pay.

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 appealed and Mr. Toney successfully defended 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 and awarded service credit.

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 settled for money damages in the District Court.

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.

Current Cases

Counsel in an Army Board for the Correction of Military Records application involving the unlawful denial of disability benefits to an Iraq combat veteran based on PTSD.

Counsel in an Air Force disability case before the Formal Physical Disability Evaluation Board.

Counsel in Army and Air Force security clearance denial cases.

Counsel in an Air Force Board for the Correction of Military Records showing the actual innocence of a distinguished airman found guilty of a UCMJ violations.

Counsel in a case before the Army Suitability Evaluation Board showing the actual innocence of a distinguished officer found guilty of UCMJ violations.

Counsel in a case before the Army Board for the Correction of Military Records challenging a factually inaccurate and unjust Memorandum of Reprimand placed in an officer’s official record.

Counsel in an Air Force Board for the Correction of Military Records application where an airman was initially awarded a 50% disability rating by the informal PEB and changed to “existed prior to service” by the formal PEB, based on the same evidence.

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 a Board for the Correction of Naval Records application where the applicant was given an incorrect psychiatric diagnosis and separated.

Counsel in a Board for the Correction of Naval Records application where the applicant was erroneously separated for fraudulent enlistment.

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 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 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 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 where 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.