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.  

Counsel in an action before the Coast Guard Board for the Correction of Military Records challenging the unlawful discharge for weight control failure of a Senor NCO with over 19 years of distinguished, honorable service who already had submitted for retirement.

Counsel in an action before the Army Board for the Correction of Military Records challenging the unlawful discharge of a National Guard officer based on violations of the U.S. Constitution, the State Constitution, and applicable regulations. The action seeks reinstatement, backpay, and promotion.

Counsel in an action before the Board for the Correction of Naval Records 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 also alleges substandard duty performance by the sailor's assigned military counsel.

Counsel in another action before the Board for the Correction of Naval Records challenging a sailor's discharge, also after 17 years of outstanding, honorable service, based on violations of the U.S. Constitution and applicable Navy regulations.

Counsel in a federal court of appeals action challenging the lawfulness of the Army's removal of an officer from the Brigadier General promotion list of based on unlawful Department of the Army Inspector General investigations and constitutional violations.

Counsel in an Army Board for the Correction of Military Records case challenging the lawfulness of a General Officer Memorandum of Reprimand. The Department of the Army Suitability Evaluation Board (DASEB) voted to transfer the MOR to the restricted section of the officer's OMPF, paving the way for retroaction promotion consideration.  

Co-counsel in a federal court action seeking money damages for an officer whose Privacy Act rights were violated by the Marine Corps.

Counsel in an action before the Air Force Board for the Correction of Military Records seeking retroactive promotion with backpay of an officer who was the victim of racial discrimination.

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.

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 the issuance of a writ of habeas corpus by a federal judge for an Army medical corps officer where the Army had unlawfully denied the soldier's application for discharge as a conscientious objector. The court ordered the immediate discharge of the officer. The Army appealed the decision, which is now before the U.S. Court of Appeals for the Second Circuit.

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.   Read the decision .

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 Phisical Disability Evaluation System, the separation without disablity 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.