Yes, a service member in this situation should immediately consult a military attorney. A battalion-level policy that attempts to limit or contradict the appeal routes granted to a soldier by a higher-level Army or Department of Defense regulation is legally invalid. This is due to the legal principle of “preemption,” which states that a regulation from a higher authority supersedes any conflicting policy from a subordinate authority. A battalion commander cannot take away a right that the Secretary of the Army has granted.
When consulted, the military attorney will advise their client that the local policy is unenforceable. The attorney will then proceed to file the appeal through the proper channels that are outlined in the higher, controlling regulation, effectively ignoring the illegal local policy. This ensures that the soldier’s appeal is routed to the correct appellate authority.
In the appeal paperwork itself, the attorney will likely make a point of noting the illegal battalion policy. They will state that the local command is attempting to unlawfully restrict their client’s due process rights, which demonstrates a disregard for regulations and can be seen as evidence of bias or a hostile command climate. This not only helps the individual soldier’s case but also brings the unlawful policy to the attention of a higher headquarters, which can then order the battalion to rescind it.