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Question

I was in the military for 5 years 11 mos. I accepted a offer from the command to get out of the military early under certain conditions. The command did not hold up their end of the deal and put me out without me having the choice to change my mind as they had done. Due to the conditions, I was put 2 week shy of my 6-year mark. If I had met the 6-year mark, I would have received a $30,000 payment. Once I got the information that I was entitled to receive this payment I was happy because I received a bonus for my contract and since I did not finish my contract the money that I owed would have been subtracted from the money that was owed to me. My chief at the time did not like me for personal reasons and due to his authority and influences; he was able to make me look like a person that I was not. This man is now facing rape charges. What should I do to giving that my reputation and career was destroyed? I also did not have and where to live or any money to move because I owed money.

Submitted: 59 days and 4 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Posted by psimmons 59 days and 4 hours ago.

Info Request

Thanks for the chance to assist

What caused the command to give you this "offer"...why did you get out early?

59 days and 3 hours ago.

Reply

I was given a drug test and someone felt that urine was to "cold". So i was tested again that same day. Military law does not allow one person to singled out and tested again without testing everyone, but did so. Both drug test came back neg. However, after that point I had to get a lawyer involved, but I did not have money to keep giving him so after a year I got tried of people there making me out to be somebody that I was not and I went to right a letter to the big wig that was over the entire command, but once someone in the command read the docement that kept it and asked me if I still wanted to get out and I said yes to the terms the presented to me. There is more to this story. The chief that was in charge of me told me to jumper off a buliding when I told him that i stress out so I lost it and I got in trouble for telling him that he a ass hole. The Masterchief of the command told me that he did not believe that one of his chiefs would say that. I feel like dying so I took the deal. There was another person in the room during this but the chief was having sex with her and I know that but she lied and said that he did not tell me to jumper off the building. That was the straw that broke my back.

Posted by psimmons 59 days and 3 hours ago.

Info Request

Navy?

What was the reason for the separation? Convenience of the government? Other?

Not sure I understand why you got a lawyer involved if you had a neg test...what was going on exactly?

59 days and 3 hours ago.

Reply

If I did anything and my chain of command did not like even if I did not know I would be receiving a Captain's Mass request which the ulltime in house displinary action, but one day I got information that lead me to getting a lawyer. I did not know that I could get legal advice so I did and he told that the things my command was doing that could not do but I did not have the money to keep paying him so he did not know that I accepted that deal.

Posted by psimmons 59 days and 3 hours ago.

Info Request

Navy?

59 days and 3 hours ago.

Reply

yes

Posted by psimmons 59 days and 3 hours ago.

Info Request

OK

How long ago was this?

59 days and 3 hours ago.

Reply

I got out Dec. 2007

Posted by psimmons 59 days and 3 hours ago.

Info Request

Thanks

What was the characterization? Honorable? General?

What is your goal at this point...to get back in? To somehow recoup this bonus?

59 days and 2 hours ago.

Reply

The discharge was Honorable, but the Reentire code is 4 which means I can't go backi to the military and the balance is not the only thing that I would like to perssue. The balance of the bonus is $10,000 and is showing neg. on my credit report. I don't have $10,000 for this.Also, I did not get paid in the month of Dec. because I owed the bonus so a lot of things did not get paid. Like my car I had to give the car back to the company because I did know when I was going to get another job or money to pay on the car. I did not have any where to live either for months I was sleeping on a friend of mines couch.

Accepted Answer

Well, you can apply to the BCNR to modify your RE Code.


The process is straightforward. You can begin the process here

http://www.donhq.navy.mil/bcnr/bcnr.htm

There is also a very good overview of the process here

http://usmilitary.about.com/cs/generalinfo/a/dischargeupg.htm


To be successful, you will need to demonstrate, under the circumstances, that an upgrade to the charachterization is the appropriate result in your case. Typically this would be done by showing that the result at the time was wrong for some reason...for example if there was some error in the process that was not addressed at the time, that would be a basis for upgrade. Unless there was a valid reason for the RE code, they should not have assigned an RE 4.


Unlike the urban legend, there is no "automatic upgrade" for discharges...in fact only a small percentage of requests are granted.

To have the greatest chance for success you should consider working with an attorney that can help you assemble the package you will submit. A google search under "military lawyer upgrade discharge" will net you several prospects...I would talk to several to see if one can be of help...but understand this is a long shot...beware of promises.


As for your bonus..that is much more difficult. You can apply to the BCNR for this relief as well, but if you will have an uphill battle to show that you should have been allowed to get you severance pay or not have to repay the bonus. Regardless, the process is the same, you can apply to the BCNR for relief.



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Expert: psimmons
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/24/2009

Attorney

Law Degree, 12 Years of trial experience

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