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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33793
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Been in Air Force yeas, sexually assaulted back in Janurary

Customer Question

Been in Air Force for 2 yeas, sexually assaulted back in Janurary of this year by co worker while on post. Relocated to a new base due to this, had to under go screening found out didn't pass screening because I didn't answer the question the way they wanted me too. Now I am facing being kicked out with no severance package and only 60% of my GI Bill. On top of this it is going to be put in as an administrated seperartion.
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
Also the screening is not related to the sexual assault.
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Would it help to talk on the phone about this? I can make that available for $10 additional. Or do you desire to continue in this forum (typing back and forth). Let me know, but understand when I respond again, this website (just answer) will automatically send you an offer for a phone call for $56...and at that point I can no longer offer the $10 call.

Customer: replied 1 year ago.
Rather type please no phone call
Expert:  P. Simmons replied 1 year ago.

No worries. Can you tell me, what is your specific question?

Customer: replied 1 year ago.
Do I have any options to fight back? I am not sure what to do and if I do fight back what to do I need to do? And does this even sound like a valid case?
Expert:  P. Simmons replied 1 year ago.

That depends. What is the basis they are using for admin separation?

Customer: replied 1 year ago.
It will be based on the fact that I didn't qualify for being able to work with Nuclear weapons, but this policy just changed after me being in for two years and I signed a four year contract.
Expert:  P. Simmons replied 1 year ago.

Sorry...the specific basis. Are the claiming you committed misconduct?
If not, what i the basis for separation (not working with nukes is not a basis)

Customer: replied 1 year ago.
The policy changed a few months ago for security forces stating all security forces members must qualified to work with nukes. I found out I didn't qualify but was not given a reason behind why I didn't qualify. Then I was told the people who didn't qualify are getting kicked out of the military with an administrative seperartion. But none of us have been given the specifics as to what they are titling it as.
Expert:  P. Simmons replied 1 year ago.

Thank you
Have you received notice, in writing, of the intent to separate?

Customer: replied 1 year ago.
Nothing in writing yet but I am being called in Monday to discuss it.
Expert:  P. Simmons replied 1 year ago.

thank you

A few minutes please...I need to pull the instruction

Customer: replied 1 year ago.
Okay thank you.
Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

The instruction that applies can be seen here

If you take a look, Chapter 5 contains ALL of the various basis that can be used, by the AF, to separate you.

If they want you out...they have to pick a basis listed in Chapter 5. Period.

It looks like this may fall under para 5.10, Insufficient Retainability for Required Retraining. However, you have to wait to see precisely WHICH basis under chapter 5 they are using before you can respond.

Can you fight this?

Yes. You have the right to submit matters, in writing, to the separation authority to consider. So you can write a statement. And, better yet, have folks who know you well write letters on your behalf. For example, if there are Staff NCO's or officers who will say good things about you? You will want to have then write letters on your behalf.

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.
My other question is I was told that I could get out of the military due to sexual assault but that I wouldn't get an honarble discharge with this nor any of my benefits. Do you know how I can find out any more information on this? I will understand if you feel uncomfortable helping me with this.
Expert:  P. Simmons replied 1 year ago.

The process to be discharged because of the assault would relate to whether you suffered mental trauma and as a result of the mental trauma you are unable to perform your duties. Is that the case?

Customer: replied 1 year ago.
I have suffered military trauma and have been treated for it since February of this year.
Expert:  P. Simmons replied 1 year ago.

Thank you
IF you have a mental health disorder that impacts your ability to perform your duties, the military can separate you.

If the goal is to pursue this, talk to your mental health provider and request they initiate a separation because of this. They can contact your squadron commander and recommend you be processed for separation.

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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