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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33069
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Received BCD in 2000 from USMC anthrax vaccine

Customer Question

Received BCD in 2000 from USMC for refusing anthrax vaccine and UA when I was 19 years old. Now I'm 35 and a Medevac Helicopter Pilot and would like to upgrade my discharge to general. Do you think it's possible?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Possible? Perhaps. But can you give some context? Did you contest the charges at trial? Or did you plea guilty?
Customer: replied 1 year ago.
I was advised to plead guilty by my military appointed lawyer
Expert:  P. Simmons replied 1 year ago.
Thanks
The ruling by federal court in 2004 that the vaccine administered by the DoD was unsafe and that the DoD had to address the safety concerns before the could make members take the vaccine will certainly help you.
I asked if you pled guilty since that would help your appeal now.
But you still have a case.
The process to file is simple...you use this form
http://www.dtic.mil/whs/directives/forms/eforms/dd0149.pdf
Because of the federal court ruling that found the vaccine unsafe and ordered DoD to stop administering the vaccine you still have a great case to get an upgrade.
Consider having an attorney assist you with this to maximize the chance of success...I would also consider requesting a pardon from the president at the same time
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
I did plead guilty. What is the best way to find an attorney that could assist me with the process and how to request a pardon?
Expert:  P. Simmons replied 1 year ago.
Google military law and you will see lots of attorneys who practice in this area. I know most of the retired Marines...they are all good.As for a pardon, you can start taht process herehttp://www.justice.gov/pardon/application-forms Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Expert:  P. Simmons replied 1 year ago.
Sorry...did you have more questions?
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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