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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13673
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How to remove a bad OER? Does your company represent people

Customer Question

How to remove a bad OER? Does your company represent people in that situation?
JA: Thanks. Can you give me any more details about your issue?
Customer: Can you give any information on proprietorial misconduct by SJA and how it would play out on a case they tainted? we talked before a long time ago. Since then it came out that the SJA LTC that opined on my case slandered me worked around the chain of command and even disobeyed the CG to screw me over.
JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months 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

Also, if you would like to chat on the phone, let me know and I can make that happen.

I have experience in this area...but I do not understand your specific question. Would it help to talk on the phone?

Customer: replied 9 months ago.
can I change this to a different question or charge me it is ok. I have another more pressing question I need answered right away.I recently did a request to transfer reserve units. There is a huge back story including me being flagged. The flag has finally been removed by order of the CG. I submitted a DA form 4651 request to transfer to a unit in California close to my current home of record. The gaining unit has already accepted me and signed the DA Form 4651. My losing unit is sitting on it. Can the command in Hawaii deny this request? This request is based on my home of record being more than 50 miles away from the Hawaii based reserve unit.I have already reached out to IG which is helping the best they can, the IG was already able to get my flag lifted.
Expert:  P. Simmons replied 9 months ago.

Thanks

The commander can refuse to grant it.

The commander has what is called "discretion"...they have the ability to grant or deny the request.

Now...he can not treat you unfairly. Can not discriminate against you based on a protected status (like race, gender, religion, etc)...but he can deny the request if the mission of the unit dictates he do so.

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 9 months ago.
What can I do to get my TPU to TPU transfer request based on my home being more than 50 miles away from the unit approved?
Expert:  P. Simmons replied 9 months ago.

I do not believe there is a regulation that requires this (transfer based on 50 miles) but let me opt out as perhaps another expert may know

Customer: replied 9 months ago.
It is covered in a regulation AR 140-10.

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