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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26850
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a military retiree and have been asked to provide a phone

Customer Question

I am a military retiree and have been asked to provide a phone affidavit regarding an EEO case. They said I must cooperate in accordance with Federal Regulations and Coast Guard policy but didn't not provide any references.
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.

Hmmm....have you been given a direct order to comply with this matter? If so by what authority?
Customer: replied 1 year ago.

No, I am a retiree and received an email from a resolution company saying they need to conduct a phone interview affidavit with me regarding a member that is currently on active duty for her EEO complaint. "It says he is authorized to require all agency personnel to cooperate and to provide testimony. You are required by Federal Regulations and U.S. Coast Guard policy to cooperate fully and promptly with the investigator assigned to conduct the investigation."


I just would like to know my rights as far as providing a statement and testimony. Because I receive a retirement check, am I compelled to provide a statement on the phone under oath or in writing? What policy or regulation requires me to do so?

Expert:  P. Simmons replied 1 year ago.
I am aware of no order or regulation that will apply.

Not based on some third party request.

As a retiree you are subject to the UCMJ. You technically are "retired" but in a "retainer" status until you reach the age of 60...they can recall you to duty at any time until the time you reach 60. The retainer status flows from your pay...it is technically not retired pay but retainer pay until you reach the age they can no longer recall you...then it turns to retired pay.

That is why I asked if you have received an order.

You CAN be ordered to testify. And if you are a suspect, they can still order you to testify, so long as they also grant you immunity.

But the order must come from competent authority. That would be the Commandant of the Coast Guard if you are in the Coast Guard, or their designee

Unless or until you receive such an order you have no obligation to give any interview. Period.

Customer: replied 1 year ago.

This resolution service is hired by the CG to gather statements from my understanding. How do i reply to their email request? Thank you.

Expert:  P. Simmons replied 1 year ago.
Ma'am I am sorry

I am not permitted to give you legal advice. So I can not direct you on how to reply.

But I can tell you that unless or until you receive a direct order from the Commandant of the Coast Guard or their designee you have no obligation to communicate with this entity whatsoever.



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26850
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
Customer: replied 1 year ago.

Thank you.

Expert:  P. Simmons replied 1 year ago.
Yes Ma'am

Best of luck through this

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