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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13564
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a Lt Col in the Air National Guard and am on title 10

Customer Question

I am a Lt Col in the Air National Guard and am on title 10 orders this month and did not sign a waiver. After adding my AD points, it appears I have slightly over 18 years. Three years ago I was a title 32 AGR full-time employee at my unit. I got charged with DUI and the adjutant general curtailed my job claiming it was due to my security clearance being suspended while being investigated. He did allow for due process and a month later my charges were dropped in the civilian court. No court martial was considered. Since then I have been a traditional pilot deploying and doing orders. Can I still claim sanctuary if I was taken off my AGR orders? I have been reading the 36-2131 and 10 US code 12646 and am not sure if I can.
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?
Customer: Maine. And what do you mean by charges officially filed? I went to a pre-trial hearing, the stop was proved unlawful, cop was impeached (later fired). There were also issues with the breath test validity but we never had to fight that. The evidence was suppressed.
JA: Have you talked to a lawyer yet?
Customer: Not about sanctuary.
JA: Anything else you think the lawyer should know?
Customer: I don't believe so. My commanders say they want to see that I get a full active retirement but the personnel office made a mistake counting my points and didn't ask me to sign a waiver. If I claim sanctuary, I want to be sure I get it so I don't mess up my chance at other options.
Submitted: 3 months ago.
Category: Military Law
Expert:  P. Simmons replied 3 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 am sorry for this dilemma. But not sure I understand your specific question. You are currently NOT on active duty? Is that correct?

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