How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27146
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I received a memorandum of reprimand recently from the 76th

Resolved Question:

I received a memorandum of reprimand recently from the 76th Operations Response Command, MG York. I spent 30 years in the army, reserves, active and AGR components.
I entered as a PFC and promoted to O-5 in 2011. I have completed Command General Staff College, Combat Lifesavers Certification, earned 5 (over 300 points) badges, several ARCOMs. AAMs and two MSMs. Additionally numerouis above COM evaluations. I have many Letters of Recommendations and and have done quite well as a single mother of two during the years.
I believe my former spouse, (prior military) learned of some of my accomplishments and became overly zealous, along with the fact that our daughter refuses, to speak with him, following his abandonment of us. These issues possibly percipitated his going to the 76th with word that I did indeed missdate my DOB, as he learned, by 3 years during my tenure with the military.
Additionally my "misconduct may result in adverse actions by the Army Grade Determination Review Board", he goes on o state.
The last paragraph of his memo of reprimand seems to allow for his final decisions to be made on this matter , after I submit any informaition I deem relevant to the issue. I did and admit, that I provide for my DOB to allow me to be three years younger, but I have also retained my military confidence, bearing, mental agility, with the ability to create a positive environment. I did try always to use sound judgement in matters pertaining to the command. I remained physically fit, developed others, communicated well using interpersonal tact and retained domain knowledge.
All this said, do I have even a prayer to limit my money from being recouped and to retain my current rank? If indeed I can provide OERs. Letters of Recommendations, Certificates of Completion and award certificates to prove that regardless of a three year missdate on all military documents, will this be almost adequate enough for the General to consider, in my defense?
Your time and advise is appreciated.
L.G.H.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, what was the significance of this? How did this impact you or your career (the fact you misstated your DOB)?
Customer: replied 1 year ago.
Sir, The significance of this missdate relating to my career is minimal to none. The missdate, at this juncture is somewhat moot, I feel.However, it has come to the attention of the MG commanding the 76th and and am a danger to the Army and the American taxpayers.apparently he feels as though I lack integrity.
As I previously explained, I have a myriad of documents, certificates, evaluations, awards, etc to prove my work, values, and ethics are above average, with regard to integrity.
Expert:  P. Simmons replied 1 year ago.
Thank you

The real issue then why...before your commander can take action, they must have a reason to do so.

And the action they take (if they take any action beyond the reprimand) will be tied to what they believe the motive for the change was.

So is there anything that would point to you gaining some benefit from this? Did you, for example, get a particular billet based on your DOB? Or get advanced prior to your peers?

What would the general think could be your motivation for this?
Customer: replied 1 year ago.
Sir, The Commander states in his memorandum that I engaged in serious misconduct in that I intentiomnally missdated my DOB.. He goes on to say he is alarmed and troubled because I was allowed to remain in an active reserve status past the mandatory separation date, which was the last date of the month I attained age 60, unless I received permission for an exception. Not wanting to have the current action completed, I obviouisly did not consider trying to increase my MRD. Thus, I believe is their motive. BUT Can I reduce the penalty at all? Your comments are, by the way, most helpful, as I now see their reason, albeit, not right, in view of my many accomplishments regardless of old age!.
Expert:  P. Simmons replied 1 year ago.
That is the issue...the MRD is the key. Can you tell me, when was the change made? How long ago?
Customer: replied 1 year ago.
Sir, please qualify "what change"? I did ask the UA if it would do any good to apply for an MRD, earlier this year. She answered adamantly, that HRC was denying all request.
Expert:  P. Simmons replied 1 year ago.
Sure

They are claiming you changed your DOB on purpose...how long ago was the DOB changed?

Also, did you admit to the change? And if so, did you give a reason for the change?
Customer: replied 1 year ago.
DOB was changed in 1982 when my recruiter, in Shreveport, LA told me to go ahead and make a "small fudge". I was trying to get into flight school and he told me he would procure a waiver to get me into the aviation branch. He sent me to basic training and AIT. When I returned, he told me that he was surprised the Army had not gotten a hold of me during my training to send me to Rucker for training.!!! He gave me the FAST test then, I scored well, but now I had to go to OCS at Benning to earn a commission. After the commission, I would be branched aviation and go to Rucker. Just before I graduated OCS, a MILPERCEN officer contacted me and told me that the needs of the army were greater in the AG Branch and I would not be going into aviation. He did offer me n Honorable Discharge, had I wished for one. I spent 18 weeks of hell and had no where else to go.
No, I never admitted to the change.
Expert:  P. Simmons replied 1 year ago.
Thank you

That helps. Helps me understand the context

One more question...at the time this went down (that they gave the reprimand), did you give a statement at all? Or simply remain silent?
Customer: replied 1 year ago.
Sir
Expert:  P. Simmons replied 1 year ago.
Sorry...your response did not post...just want to know did you give any statement at all or just remain silent.
Customer: replied 1 year ago.
I c annot
Expert:  P. Simmons replied 1 year ago.
Still can not tell why I can not see your response...but I believe I can provide an answer regardless.

It is good if you have not made a confession. That makes it more difficult for the government to prosecute you.

And it is good that you not apply for MRD waiver at this point...one would not likely be granted

Frankly, were I you, the largest concern I would have would be that they process you for a BOI. A board of inquiry (BOI) is an administrative separation of an officer. They can toss you out with an "other than honorable" conditions discharge, and can ask the service secretary to reduce you in rank on the way out the door to "the last grade served honorably"...since this happened so many years ago, it could, in theory, lead to a reduction in grade to 01

So the stakes are high here

It is a good idea to continue to invoke your right to remain silent. No use giving them ammunition to prosecute your case with

Before they an separate you (and reduce rank) they have to give you the opportunity to present evidence at the board of inquiry...so your history and accomplishments are relevant and can be used to support your request to be retired at your current grade.

Frankly, if you do not confess to this, unless they can prove you did it on purpose? I think they may have a tough time getting a board to recommend separation

The one thing you can do for yourself is find a good lawyer...one with experience in front of BOI's. You want someone to help you navigate this mess and, hopefully, keep your rank,


Let me know if you have more questions....happy to assist if I can
Customer: replied 1 year ago.
I am more than satisfied with all of the support and guidance Mr. P.Simmons provided me today.

( Toward the end of my session, my MAC started giving me fits. It would not respond to anything I was tryin to input. I finally decided to just "power down" and in so doing was able, upon restart, to finally provure the "rate to finish"site.)

Mr. Simmons was most helpful and intelligent with his responses. His professionalism and tremendous knowledge certainly will help support all individuals who make contact with your site.

Respectfully,
Linda Harkness
Expert:  P. Simmons replied 1 year ago.
Thank you ma'am

Best of luck with this fight...
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27146
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications
 
 
 
Chat Now With A Military Lawyer
P. Simmons
P. Simmons
Attorney
11990 Satisfied Customers
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.