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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26496
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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What can I do if claims have been failed against me that are

Resolved Question:

What can I do if claims have been failed against me that are false but people have gathered together to claim that is it a fact when what they are claiming is being done to me not only in the military but they're doing it in my civilian job which happens to be a government job? This has been going on for the two and a half years.
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, have you filed a complaint under Article 138, UCMJ?
Customer: replied 1 year ago.


I haven't filed a complain under article 138 because I just found out about it while reading your website.


 


Almost everyone in my unit doesn't like me and their always making up lies about me. Mr. Simmons I promise you this story is deeper then what it seems.

Expert:  P. Simmons replied 1 year ago.
Thank you

Are you active duty? Or in the reserves?
Customer: replied 1 year ago.

I'm a reservist.


 

Expert:  P. Simmons replied 1 year ago.
Thank you

Can you give some context...the person responsible for this? Are they in the military? In your unit?
Customer: replied 1 year ago.


I believe the people responsible are in my unit. The only problem is I don't know who to point the finger at because everyone is covering for one another.

Expert:  P. Simmons replied 1 year ago.
Thank you

The commander if this unit would be the first step in the process to solve the problem. The commander is responsible for the conduct of the members of the unit. So if there is evidence that members if this unit are harassing you? And you report this to the commander? I would expect the commander to take steps to address the problem.

Now...if the commander refuses? Then you may need to turn to Art 138, UCMJ. This section of the UCMJ provides recourse for soldiers who are wronged by their commander.

It is simple enough to file an Art 138 complaint. You put the complaint in writing, make sure to reference Art 138 UCMJ and hand to any commissioned officer in the chain of command. They will forward the complaint to the general for investigation.

Now...you will need some evidence to support your claim. But if there is any evidence to point a particular soldier or soldiers? Then I would expect your commander to take action. IF they refuse? I would file an art 138 UCMJ complaint.

Customer: replied 1 year ago.


I could file an IG complaint but they already did that against me that's why I filed a congressional. If I give anything to the chain of command it will never make it to where it is suppose to go. The company commander only tried to fix the problem when she found out I filed a congressional. Then soldiers started to be nice to me. I can't get proof because I don't have the funds to hire an investigator that's why this is an on going battle.

Expert:  P. Simmons replied 1 year ago.
If your goal is to fix this, you will need some proof. You may want to network with the folks you know...perhaps someone knows an investigator who will work for reduced fees.

if you can get proof, then you can take the proof to the general via the Art 138 UCMJ complaint process.

If you can not get any proof? Then I agree, you may not be able to fix this problem.

So consider reaching out to folks you know to see if someone may know an investigator to help you prove your case

Customer: replied 1 year ago.

Thank you for your advice. It is very much appreciated.

Expert:  P. Simmons replied 1 year ago.
You bet...best of luck in this fight!

Phil
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26496
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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