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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32832
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I transferred to a unit in Feb 2015 due to a promotion.

Customer Question

I transferred to a unit in Feb 2015 due to a promotion. Between my arrival and June, there were no accusations or allegations made against me, either verbal or documented. During out annual training in June, 3 soldiers presented their grievances to the NEW incoming commander who chose to initiate a 15-6 investigation. Once this investigation was completed, they recommended a GOMOR placed in my file (it has been placed there now), poor JAG support, knowledge and willingness to help. They are now recommending an Administrative Separation with OTH discharge after 14 years of Reserves honorable service. Based on the description I opted to seek a General under honorable discharge and waived my right to a board. This choice is made partially because of the poor impression my JAG lawyer has giving me.
JA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you consulted a lawyer yet?
Customer: No, only my appointed JAG lawyer.
JA: Is there anything else important you think the Military Lawyer should know?
Customer: I sent it my signed board waiver form today pending a General under honorable discharge. I would prefer to salvage my career and reach my 20 year retirement.
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: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 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 helpAlso, if you would like to chat on the phone, let me know and I can make that happen. I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?
Customer: replied 5 months ago.
My previous description was my attempt to shed a little light to this experience for me. I have been poorly advice and therefore made decisions I have not felt good about. I would have preferred to have not the GOMOR placed on my permanent file and to continue my career to achieve retirement.My question is, is there something I can salvage at this point?
Can I rescind the form submitted today requesting a General under Honorable discharge in order to avoid the board?
Customer: replied 5 months ago.
What does the GOMOR prevent me from achieving in my career such as promotions, transfers, tours?
Expert:  P. Simmons replied 5 months ago.
ThanksIf you submitted a waiver? The separation authority can accept that waiver...they can process that and separate you based on the waiver.You can file a request, in writing, to withdraw the waiver...and the separation authority has the power to grant or deny that request. 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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