25.2.6 Flawed process | Military Compensation SRCA Manuals and Resources Library, Liability Handbook, Ch 25 Exclusions From Liability, 25.2 Failure to Obtain Transfer, Promotion or Benefit

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25.2.6 Flawed process

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If the condition arose where the promotion or transfer process was flawed, the exclusionary provision generally should not be applied as it usually is difficult to establish whether the adverse reaction was a result of the failure to obtain the benefit or of the flawed process (or both).

Note, however, that this general rule could be set aside where the evidence is unequivocal on the issue of causation.