Mr. Toney is not accepting new cases.
Mr. Toney, a civilian military lawyer, provides careful and aggressive representation in all areas of military personnel law. He provides the highest quality legal services at very competitive prices, and has represented service members and veterans from all military departments and the U.S. Coast Guard. In addition to representing servicemembers and veterans in more routine matters, Mr. Toney handles sensitive issues involving special operations, pilots, and medical professionals, and high profile matters that are, or may become, of interest to Members of Congress. He handles every case with tact and discretion.
In choosing a military lawyer for your military personnel law issues, you should distinguish between those who primarily practice UCMJ (criminal) law, and those, such as Mr. Toney, who focus exclusively on military personnel law matters, also referred to as "military administrative law," which are often very complicated. Mr. Toney has experience with a very broad array of legal issues, ranging from involuntary separations to appeals of the denial of traumatic injury insurance benefits to the loss of promotions and retirements. We recommend you visit our "Cases" and "Testimonials" pages to get a better understanding of the types of issues Mr. Toney has successfully handled.
By limiting his practice to military personnel law matters, Mr. Toney has developed in-depth knowledge of the complex web of laws, policies, and practices affecting military personnel and veterans. He is a recognized authority in the field of military administrative law and is frequently consulted by other lawyers, media sources, and non-profit organizations.
Mr. Toney takes his work (your legal issues) very personally and strives for excellence and outstanding results in every case. He maintains a comparatively small caseload, which permits him to devote his full attention and care to every matter he accepts. Mr. Toney personally manages every case from beginning to end. Your phone calls and e-mails will be returned promptly and courteously.
Mr. Toney normally limits his practice to matters involving active duty service. He generally does not accept cases involving Army National Guard or Air National Guard matters, unless they directly involve active duty service issues. He does not engage National Guard matters at the state level.
Mr. Toney is highly experienced in the area of federal court review of military personnel actions. His federal court cases typically involve the review of final decisions of military administrative boards such as the boards for the correction of military records (BCMRs). Mr. Toney focuses almost exclusively on cases involving claims for back pay and related monetary benefits such as medical and regular retirement before the United States Court of Federal Claims, a national court located in Washington, DC.
Mr. Toney is responsible for several landmark decisions in the federal courts involving the applicability of the federal Privacy Act to the Army National Guard, the requirement that the boards for the correction of military records consider and adhere to their prior decisions (doctrine of precedent), limitations on the judicial deference that may be given to military correction board decisions, and the circumstances requiring a court to return a decision to the military department for further explanation (remands). He has successfully litigated matters such as promotions, reprimands, disability evaluation, and unlawful discharges and retirements.
Federal court review of military decisions is a highly complicated and lengthy process. There are many pitfalls to avoid. Mr. Toney carefully assesses the merits of each case and develops a legal strategy that will give his clients their best chance of success. He painstakingly develops the relevant facts and spends the necessary time researching and explaining the applicable law to both his clients and the court. Mr. Toney has been commended by federal judges for his zealous advocacy. The government has settled several cases filed by Mr. Toney.
Military Record Correction Boards (BCMRs)
Each branch of the military, as well as the Coast Guard, has a board for the correction of military records. The BCMRs have very broad authority to correct an applicant’s military records. Mr. Toney has extensive experience with the BCMRs and knows their procedures, strengths, and weaknesses. His approach to BCMR cases is to develop and present every application as though it were one day going to be reviewed in federal court. All relevant facts are identified and all valid legal arguments made. Mr. Toney also is a public advocate for the reform of the BCMRs.
Mr. Toney has developed and presented innumerable BCMR applications involving matters such as promotions, involuntary separations and retirements, disability benefits, Purple Heart and other medals and awards, command and IG investigations, ROTC and service academy disenrollments, back-pay claims, and performance evaluations.
Other Administrative Boards
In addition to the BCMRs and DRBs, Mr. Toney has also successfully represented service members and veterans before a range of other administrative boards, which differ among the branches of the military. They include, but are not limited to, the following boards:
Army Suitability Evaluation Board (Adverse Information)
Army Grade Determination Board (Retirements)
Army Officer and Enlisted Evaluation Report Appeals
Army Promotion Review Boards
USAF Evaluation Reports Appeal Board (Performance Report Appeals)
USMC Performance Evaluation Review Board (“PERB”) (USMC FITREP Appeals).
Involuntary Separation Boards (“Show Cause,” “Board of Inquiry,” or “AdSep” boards)
Military personnel found to have engaged in misconduct or substandard duty performance may receive notification that they must appear before a board to determine whether they will be retained in the military. For most military members, the process is extremely stressful, especially where long careers and retirements are at stake. These boards are an opportunity to develop and present your best and strongest defense against the allegations and for retention. Mr. Toney has successfully defended clients against misconduct and substandard duty performance allegations through careful analysis and investigation, witness identification and development, and detailed preparation for the hearing. He typically involves the service member’s detailed military counsel to assist with navigating the administrative issues that may arise.
If you are facing an involuntary separation board, you have the right to detailed military counsel at no charge. When discussing your case with detailed military counsel, or with civilian counsel, it is crucially important that your lawyer have the time necessary to fully investigate, develop, and present your defense. If at any time you doubt your detailed counsel’s ability to fully and forcefully advocate on your behalf, you should contact Mr. Toney.
Mr. Toney is admitted to practice law in the State of New York. He does not practice state law of any type, and does not give advice regarding state law matters, whether in New York, Colorado, or any other state. Your visiting this website does not create an attorney-client relationship with Mr. Toney. An attorney-client relationship arises only after a representation agreement has been signed and the agreed to payment has been made.
The photos displayed on this website are courtesy of the U.S. Department of Defense.