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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15816
Experience:  Lawyer and current JAG officer.
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This has been a consistent pattern of harassment for over six-months.

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This has been a consistent pattern of harassment for over six-months. His CO cited him for a pattern of misconduct, disobeying orders (receiving a speeding ticket) and failure to sign out properly when he departed for a three-week vacation. Upon his early return, he was met at the airport by military police and escorted back to the barracks for a 48-hour hold. Received a loss in rank and pay and ordered to sign discharge papers or face the Military Board for court martial. He opted to face the "Boards." In April 2013, The Boards cleared him of any wrongdoing, stating there was no pattern or misconduct and that his vacation leave paperwork was in order. My son assumed that his ordeal was over. Serving two tours has taken a physical and medical toll upon his body and mind. Hence, May 2013, his doctor commenced medical paperwork to have him transferred from his current unit to a unit for injured soldiers to commence a medical discharge from the Marine Corps. Therefore, he and his doctors were in the process of waiting the final approval of the transfer. Last Friday, my son was informed by is CO that instead they have opted to commence "general discharge" paper work to have him removed from the service within the next two weeks. A general discharge will affect his ability to receive disability payments and ongoing needed medical service. Per is doctor, the medical discharge process would take about 2-3 months to complete. What are his options?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Actually no, a general discharge will not effect his ability to receive ongoing treatment or disability payments if he rates those payments under the VA system.

 

It would deprive him of the GI Bill, but that is the only benefit lost between honorable and General.

 

If he has less than 6 years in the service, the command can initiate a discharge on the basis of performance or even alleged misconduct and push that paperwork through, without your son ever having the chance to fight before a board or court. It's called a "notice" discharge and his only recourse is to file a letter to the commander's making the decision. His CO doesn't have all the control, as it goes to the next level commanders for approval and review.

 

If those commanders agree, however, there is nothing he can do to stop it from happening. He will be forced, regrettably, to deal with the discharge after he is out, through the DD Form 293 discharge upgrade process. He would have to submit that form along with evidence of his medical condition, his previous exoneration at the court martial and his further evidence against whatever it is this CO is complaining about now, to the discharge upgrade board. He can submit that appeal to the discharge upgrade board for a period of up to 15 years following his discharge.

 

 

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15816
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

Due to the current events, he experience a PTSD episode, which resulted in him being hospitalized. Therefore, I want to make sure I relay the correct info:


1. His CO can initiate the Notice Process


2. He can appeal to his CO, CO for review and final decision


3. He could still receive disability payments if he rates it under the VA system.


4. He would lose his GI Bill benefits


5. If the "notice" process is completed and approved. He can appeal under DD Form 293 with all supporting documentation for review for a period up to 15 years.


 


Is this summation correct of your answer?

Expert:  Allen M., Esq. replied 1 year ago.

1. Yes.

 

2. He can appeal to the deciding authority (not his CO) and then, his appeal would be forwarded to that commander's commander....one level higher.

 

3. Yes, with a General Discharge.

 

4. Yes, you must have an honorable to get the GI bill.

 

5. Yes, that is correct.

Customer: replied 1 year ago.


thx. will you be my POC for future questions


 

Expert:  Allen M., Esq. replied 1 year ago.

If you post a question with my name in the title or if you post it directly to me, I will certainly address those questions.

 

 

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