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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13667
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I received a relief for cause OER. I have a military lawyer

Customer Question

i received a relief for cause OER. I have a military lawyer but he is NG and is not sure about the OER rebuttal process. He asked if I could do a draft but I cant find any examples online. Please assist.
JA: Are you overseas or stateside?
Customer: stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: no, i was relieved from BN CMD by the BDE CDR. no one in the chain to talk to.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No,
Submitted: 17 days ago.
Category: Military Law
Expert:  P. Simmons replied 17 days ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 17 days ago.

I have plenty of experience in this area...and I find it odd that a NG lawyer would not understand rebuttal...the same AR covers regular army, NG and reserves...

Expert:  P. Simmons replied 17 days ago.

But I do not see a question...do you have a specific question?

Expert:  P. Simmons replied 17 days ago.

It looks like your payment failed. Customer service at 1(###) ###-####can solve this. Let me know when it is corrected...happy to chat on the phone

Customer: replied 17 days ago.
payment info is corrected
Customer: replied 17 days ago.
I prefer to talk live on the phone, when is a good time for you to call?
Customer: replied 17 days ago.
I spoke with you before over the phone and you advised me to do an ART 138. I did the 138 and am awaiting a response. I have been told that since I never received a relief for cause memo or the final 15-6 investigation I don't have to sign the OER and I can repeal the OER and have it thrown from my records. Is this true? Do you have an example of an OER rebuttal? My OER only states I was relieved due to the findings of a 15-6 investigation and my BDE CDRs loss of confidence in me. a private attorney found the 15-6 legally insufficient. However, I have never seen a legal opine from the military for the 15-6 nor the AOs conclusion. Again, I've been told that since I didn't get the legal OPINE and the final report the OER should be appealed and removed from my records. Are you aware of the OER being appealed and removed from my records based on me not receiving a completed 15-6 report prior to the OER being written?
Expert:  P. Simmons replied 17 days ago.

Hmm...I would also prefer to talk on the phone...easier than typing. But it still shows payment failure. Have you contacted customer support? They can correct this

Customer: replied 17 days ago.
im contacting now...
Expert:  P. Simmons replied 17 days ago.

Thanks
They answer the phone...let me know when it is corrected

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