Have Military Law Questions? Ask a Military Lawyer.
Yes, he has been an E-5 for quite some time. The reduction never took place. He got a memo that he would be reduced and that he could contest it with a board and he never got board, his commander called him last night (first correspondence with him in 2 months) to say that he is being separated.
He did request a board for the reduction, never heard anything from unit until the commander called last night & said wasn't going to be reduced, but now he will be separated.
The commander only called him and told him he was being separated instead of reduced, so we don't have anything yet for the separation in writing, but we assume it is for the same reason of not being able to pass his PT test 2x.
This is a brand new commander whom for some reason wants to use my husband as an example. My husband is a hero of the computer world for most people in the CO Guard, including his Mil Tech job side (which is dependent on him being in the Guard). My husband and I have served the unit for over 3 years as the Unit Coordinator and Family Readiness Group Leader and done so much for the unit and families so this is a huge blow. We will have a TON of people including high ranking people in the Guard that can testify on his behalf at a board if we ever get one, but do you think there is any hope that he can stay in until he can retire in 3.5 years? Since he has been on and off profiles for hurting his back, is there a chance to get him medically separated?
His back injury is from his mil tech side, not from his service.
So we are pretty screwed then?
how would a experienced lawyer help us in our case then? Why didn't he get his due process for a reduction board?
He comes off his profile July 5. Can he do a for record PT test, pass, and then have that be in consideration for his board?
how do we go about finding an experienced lawyer in our area?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).