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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19103
Experience:  Lawyer and current JAG officer.
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I'M Being involuntarily separated because my MRD is close to

Customer Question

I'M Being involuntarily separated because my MRD is close to 20yrs; my question is that my previous unit social discriminated and slandered my name and mess up my evaluations as this is the reason i was not promoted to SFC once i became eligible, can i sue the military for this?
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, i was told to make an appointment with IG
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else the Military Lawyer should be aware of?
Customer: Overview, in October 2013 i was wrongfully accused of an DUI which was dismissed with prejudice on 6 Jan 2014. My leadership began counseling me for any small thing then requested an involuntary separation for poor performance in 2014-2015 (1st); this somehow disappeared because the AGR HRO sent me an AGR involuntary termination letter in 2015 (2nd) , which was overturned by the TAG of Virginia in 2015. I was since transferred to a new unit; however, now i am being involuntarily separated by an ASMB which says that i am not being extended beyond 20yrs of service. My concerns are that my previous unit did sabotaged my career with mediocre and improperly written NCOERs which prevented me from being promoted to SFC, that would allowed me to extend up to 26 year. Currently, i have documentation to support that my previous unit were biased against me and did slandered my name. ( I have been on active duty for 18yrs and identified as sanctuary Soldier, which will take me to 20yrs of creditable Army service)
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. The ability to sue the military is very limited. Particularly for discretionary functions like evaluations. The best option you have here is to file with the military records corrections board. That board has the power to alter the military record to reflect what it should reflect, to include allowing you a retirement at a higher rate of rank (if that board determines that you meet the burden of showing error or injustice in your records). You need to file a DD Form 149 with records corrections board for your particular branch (located right on the form itself). This isn't a trial or a lawsuit, which you'd be restricted from filing based on the Feres Doctrine, as you have this other administrative remedy available to you. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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